Tier 2 (General) curtailment of leave due to redundancy

[Tier 2 General]

Hi there,

I am an Indian national and currently on Tier 2 (General) visa. I lost my job due to redundancy. My last day at work was 21st Oct.2012.My employer has notified UKBA on 31st October regarding my termination of employment of contract.

As I haven't received any communication from UKBA so far so I was just wondering whether am I right in assuming that UKBA will contact me on curtailment of current leave?

Or am I supposed to contact/do anything?

Please advise.

[geriatrix]

Does UKBA have your current communication address, for them to notify you of any decisions that may make regarding your immigration status in the UK?

[manci]

to see whether UKBA will write to you, read p.29 in the curtailment rules:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Tier 2 General]

Does UKBA have your current communication address, for them to notify you of any decisions that may make regarding your immigration status in the UK?

UKBA should have my address as I haven't changed my address since I received my Tier 2 visa back in April 2010.

[tejnarai]

irrespective of they contacting you, you should leave the country in time or get alternative employment. it can affect your future entry.

[Tier 2 General]

Does UKBA have your current communication address, for them to notify you of any decisions that may make regarding your immigration status in the UK?

Hi Sushdmehta,

I am an Indian national and currently on Tier 2 (General) visa. This visa was granted to me on 15/01/2012 and is valid until Jan 2015. Unfortunately I lost my job due to redundancy. My last day at work was 21st Oct.2012.My employer has notified UKBA on 31st October regarding my termination of employment of contract.

I understand that ,UKBA curtails the leave to 60 days starting from the date the decision to curtail leave is made by UKBA.

As per Tier 2 (General) policy, UKBA are supposed to notify me in writing about the decision of curtailment of my leave but
I still haven't received any communication from them so I am concerned about my current stay.

I haven't changed my address since last 3.5 years. As I haven't heard anything from UKBA so am I supposed to contact/do anything?

Please advise.

[manci]

read the caseworker instructions from p30 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In particular:

If the migrant's most recent leave was granted in country on or after 23 May 2011, you are no longer required to request these documents because a paragraph was included in the approval leaflet to say state the following:

“If your employment ceases prematurely you must return your passport (and BRP) to the UK Border Agency within 28 days in order for us to update your records. If you do not submit your passport (and BRP) we will update our records with the information held on file.”

For migrants whose most recent period of leave was granted outside the UK, you must request the above documents from the migrant.

[Tier 2 General]

read the caseworker instructions from p30 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In particular:

If the migrant's most recent leave was granted in country on or after 23 May 2011, you are no longer required to request these documents because a paragraph was included in the approval leaflet to say state the following:

“If your employment ceases prematurely you must return your passport (and BRP) to the UK Border Agency within 28 days in order for us to update your records. If you do not submit your passport (and BRP) we will update our records with the information held on file.”

For migrants whose most recent period of leave was granted outside the UK, you must request the above documents from the migrant.

Hi Manci

Many thanks for the info.

my last leave was granted inside UK and after 23rd May 2011 .I did not send my passport and BRP to UKBA.

I read the above document and I understand that UKBA will notify me in writing about the curtailment decision. Is it correct?

I am also searching new employment /sponsor and in the mean time if I can find it then I can apply for new Tier 2 ( General) visa. Is it correct?

Please advise.

[manci]

I take it that you had this notice when your last leave was granted inJan 2012:

If your employment ceases prematurely you must return your passport (and BRP) to the UK Border Agency within 28 days in order for us to update your records. If you do not submit your passport (and BRP) we will update our records with the information held on file.”

Since you did not send your passport to UKBA, as requred, they will curtail your leave some time after 28 days expired from the date of your termination (end Oct). The curtailment will be 60 days from the date of UKBA's decision . Whether they will tell you that, or not, it is not clear, but it will be on their records.

If you find a new sponsor who assigns a CoS to you and you subsequently apply for leave to remain, as long as the application date is not more than 28 days after your curtailed leave expires this will not be a reason for refusal.

[Tier 2 General]

I take it that you had this notice when your last leave was granted inJan 2012:

If your employment ceases prematurely you must return your passport (and BRP) to the UK Border Agency within 28 days in order for us to update your records. If you do not submit your passport (and BRP) we will update our records with the information held on file.”

Since you did not send your passport to UKBA, as requred, they will curtail your leave some time after 28 days expired from the date of your termination (end Oct). The curtailment will be 60 days from the date of UKBA's decision . Whether they will tell you that, or not, it is not clear, but it will be on their records.

If you find a new sponsor who assigns a CoS to you and you subsequently apply for leave to remain, as long as the application date is not more than 28 days after your curtailed leave expires this will not be a reason for refusal.

Hi Manci

Many thanks for the information.

That means,UKBA should have taken a curtailment decision say end of Nov. They may or may not notify me in writing.
So in total, I will have "60 + 28" days i.e till end of Feb to make a new application. Am I right?

[manci]

That means,UKBA should have taken a curtailment decision say end of Nov. They may or may not notify me in writing.
So in total, I will have "60 + 28" days i.e till end of Feb to make a new application. Am I right?

You are right with two provisos:

a) UKBA are not obliged to take the curtailment decision 28 days after the termination, i.e. at the end of Nov, they could take it later and if the decsion is delayed you will gain time this way.

b) during the 28 days after the expiry of your curtailed leave you will be an overstayer and if your application is refused for whatever reason you will have no right of appeal. It would be preferable, if you can, to apply while you have valid leave.

As I am not sure if UKBA will inform you of their curtailment decision, and you did not confirm if when granted your last leave you had in fact the notice in italics in my previous post, you could make a SAR request some time in January which would reveal your immigration status:
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar.

[Tier 2 General]

That means,UKBA should have taken a curtailment decision say end of Nov. They may or may not notify me in writing.
So in total, I will have "60 + 28" days i.e till end of Feb to make a new application. Am I right?

You are right with two provisos:

a) UKBA are not obliged to take the curtailment decision 28 days after the termination, i.e. at the end of Nov, they could take it later and if the decsion is delayed you will gain time this way.

b) during the 28 days after the expiry of your curtailed leave you will be an overstayer and if your application is refused for whatever reason you will have no right of appeal. It would be preferable, if you can, to apply while you have valid leave.

As I am not sure if UKBA will inform you of their curtailment decision, and you did not confirm if when granted your last leave you had in fact the notice in italics in my previous post, you could make a SAR request some time in January which would reveal your immigration status:
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar.

Hi Manci,

Thanks for your reply.

Yes I had the notice in italics when my last leave was granted. After redundancy, I was searching new job/sponsor so I was hoping to make the new application so I did not send the passport/BRP to UKBA.Unfortunately I still haven't found the job/sponsor.

Hopefully 2013 will bring some good news!

I was planning send a normal letter to UKBA requesting the information on my curtailment leave ? Would UKBA reply ?

Or is it advisable to send the SAR request ?

[manci]

UKBA may or may not reply to your letter, and even if they do there is no way of predicting when but, from memory, they have to reply to a SAR within 2 weeks and the fee is only £10 - please check this on the UKBA website. Or, you can submit the SAR and write the letter at the same time.

Unless you want to send in your passport as per the note in italics there is little point raising the matter too early with UKBA because they may not have made the curtailment decision yet.

[Tier 2 General]

UKBA may or may not reply to your letter, and even if they do there is no way of predicting when but, from memory, they have to reply to a SAR within 2 weeks and the fee is only £10 - please check this on the UKBA website. Or, you can submit the SAR and write the letter at the same time.

Unless you want to send in your passport as per the note in italics there is little point raising the matter too early with UKBA because they may not have made the curtailment decision yet.

Hi Manci,

Thanks for the advise. I will send the SAR form in January.

I am not going to send the passport for the simple reason that if I get an job offer withing next 2-3 weeks then I can immediately send a new application for Tier 2( General) with my passport and BRP.

If just in case ,I am not successful in finding the job/sponsor by end of Feb 2013, I shall leave UK anyway.

Does it make sense?

[Tier 2 General]

UKBA may or may not reply to your letter, and even if they do there is no way of predicting when but, from memory, they have to reply to a SAR within 2 weeks and the fee is only £10 - please check this on the UKBA website. Or, you can submit the SAR and write the letter at the same time.

Unless you want to send in your passport as per the note in italics there is little point raising the matter too early with UKBA because they may not have made the curtailment decision yet.

Hi Manci,

Thanks for the advise. I will send the SAR form in January.

I am not going to send the passport for the simple reason that if I get an job offer withing next 2-3 weeks then I can immediately send a new application for Tier 2( General) with my passport and BRP.

If just in case ,I am not successful in finding the job/sponsor by end of Feb 2013, I shall leave UK anyway.

Does it make sense?

I still haven't heard anything from UKBA on curtailment of leave.Ididnt send SAR form but I have wrote emails to UKBA in first week of January but still no response.

I also haven't got any other job yet so I am still searching the job .
I was wondering whether I am an overstayer now?

Or Shall I just wait for UKBA to write to me on their curtailment decision?

[JoeLawerence]

Hi Tier 2 General, Have u got any update on ur situation?

[n8net]

hi guys,

my friend is also in a simlar situation .but he lost his job in Feb..so abt you guys appraoch job search ? when asked abt expiry of visa by the recuriters what are we supposed to say ? and any1 got a job during the 60 day period?

thx for any inputs.