Tier 2 ICT - Job termination- Curtailment/ILR query

[gpranna]

Hi admins,
Would really appreciate your guidance for my below queries.

I came to UK in 20 Nov 2010 in Tier 2 ICT and will qualify to apply for my ILR in 22 Oct 2020 (28 days prior to 10yrs). Now, given the COVID situation, my company wants me to return back to India by end of July (3 months short of my eligibility date to apply for ILR).

Having waited for over 9.5 yrs, I am looking for ways to some how stay on until applying for ILR. In the event of my company terminating my job in early Aug, some one mentioned about some curtailment and legally being allowed to stay for 60 days?.

1. Is this true?... Please confirm.. Even if true that 60 days may still leave me a few weeks short of my eligibility date of 22 Oct. But please let me know if this is true.?
2. If I am in that curtailment period of 60 days, can i still apply for my ILR in that curtailment period (post 22 Oct)... I was with single company for all my 9+ yrs here, and i have my wife/young kids with me here as dep)
Your guidance on the above would be of great help...
Thank you, PG

[SKJ1984]

When is your current visa expiring? If you have visa over and above 22 Oct. Find some project to stay in UK. Try applying leave or anything.

Most ICT employers do not cancel the visa and inform home office unless the employee resigns. They always have options of bringing them back for other projects.

[Waseem432000]

It is so unfortunate and I think your employer should have supported you better. I am not sure if you need to attach a letter from your employer that they need you for the foreseeable future as people from Tier-2 general have to attach as that will be a problem if they end up laying you off. You can always request your employer to put you on sick/unpaid leaves for 3 months. I have friends who were made redundant in March and all three of them haven't received their curtailment letters like the majority of people due to the amount of backlog with the HO. It can easily take a good few months before HO sends the curtailment letter but then you can be really unfortunate and they can send that right away. As long as people who apply after 10 years, don't need to get a letter from their employer mentioning your need for the foreseeable future, I think there is a good chance.

[gpranna]

Thank you both for your inputs so far.
My BRP visa expires on 3rd Jan 2021. And yes, i have been trying to push for using my annual leaves to buy a 2-3 more weeks to hopefully get assigned in some other project within the company.. (not sure how much i will succeed given covid).. In Aug, i am likely to have two options..
1. Either return back to India and report for work there.. (which is still risky as I am told ppl without billability are fired off from there too after a month).
2. Rebel again the company saying i am not leaving UK forcing them to inform Home Office.. (risky again as not sure i may fall short of a few weeks from 22 Oct)..

Also your earlier note raises a question for me.. (others can pls confiem).. For Tier ICT applicants, for 10yr route, do we still need any letter from company about future work?.. That sounds scary yo me if it is..

[CR001]

You can simply resign if you do not wish to return. Your sponsor will inform HO within 10 days AFTER your last day of work.

For Tier ICT applicants, for 10yr route, do we still need any letter from company about future work?.. That sounds scary yo me if it is..

This is NOT required.

ILR based on long residence is NOT employer specific. It is based on 10 years legal stay only.

[gpranna]

Thank you for confirming that.. Thats a big relief.
One final question, for 10yr route application, are we required to submit proof of addresses for each year of my 10 yr stay here? .. (if so, i will have big work in my hands, or may be a problem there).. Or will it be automatically based on our entry exit records in our passports?..

Any input here would be of great help.. Thank you.

[CR001]

One final question, for 10yr route application, are we required to submit proof of addresses for each year of my 10 yr stay here? .. (if so, i will have big work in my hands, or may be a problem there).. Or will it be automatically based on our entry exit records in our passports?..

No. You only need all the passports covering the whole 10 years to prove residence.

[gpranna]

That's great. Thank you.

[gpranna]

Sorry, one thing i still hope to get an input on is whether it is true that i will indeed be given 60 days by HO (whenever i get the letter from them sooner/later)?.. And if yes, then being in that curtailment period will that not be an issue to apply for ILR on 22nd Oct..

Thank you..

[CR001]

Sorry, one thing i still hope to get an input on is whether it is true that i will indeed be given 60 days by HO (whenever i get the letter from them sooner/later)?.. And if yes, then being in that curtailment period will that not be an issue to apply for ILR on 22nd Oct..

Thank you..

As your visa expires in 7 months, you might not get a curtailment letter. But if you do, then yes, everyone gets 60 days if they have more than that left on their visa. It is irrelevant to ILR LR if you are in the curtailment period, counted from when you get the letter, as your visa is still vaild for the curtailment period.

[SKJ1984]

If you dont need employer proof for 10 years route then given me in your situation i would do as follows.

1. Try for projects and in worst case just raise return travel by employer.
2. Do not go to home country. Stay back here. but apply some medical leaves and other leaves in home country till Oct.
3. Resign after Oct 22 or as close as possible to that date or even later. Apply for 10 years route.

Do not try to go back and come to UK since you have visa.

[CR001]

If you dont need employer proof for 10 years route then given me in your situation i would do as follows.

1. Try for projects and in worst case just raise return travel by employer.
2. Do not go to home country. Stay back here. but apply some medical leaves and other leaves in home country till Oct.
3. Resign after Oct 22 or as close as possible to that date or even later. Apply for 10 years route.

Do not try to go back and come to UK since you have visa.

There is NO reason to make a silly, frivolous application based on fictitious grounds simply to stay in the UK if the OP has a valid visa till January 2021. HO is very aware of these types of applications simply to 'buy time' and they are refused very quickly and leave a mark on a persons immigration history. Please do not give such incorrect advice.

[gpranna]

Thank you very much to both SKJ1984 and Char001 for your inputs. Really very useful..

Char001, to your note to SKJ1984, I think you may have misread his advice.. He was just saying about actions i should do with my employer basically trying to delay my job termination or resignation and NOT submitting anything in between to Home Office..

Thanks again to both of you..

[SKJ1984]

Hi CR,

I think you misread my post Not sure how my response was interpreted. Glad that OP interpreted it in the way I intended.

I never said to make any frivolous application. Infact, I even said dont leave UK and try to get later. since even with a valid visa he would have to say that he is still in same role as per cos to Border control which is incorrect.

Being from ICT background and knowing how employers respond to end of projects and resignation. I just asked OP to stay LEGALLY till his eligibility period and make a LEGAL application.

My advice was on predominantly on how to tackle the employer to be in safe zone legally and postponing the curtailment as much as he could.

Many of my friends are in same boat given covid situation and this is the plan by most of them. Employers are waiting for airlines to resume operation and send back redundant employees.