Curtailling leave and Tier 2 application

[ngautier]

Hi there, I have read a lot of post but haven't come across the info I am looking for. If you know of a related post please forward.

My situation.

On a tier 2 visa in the country for 8 months with sponsorship valid till mid 2014.

I will be made redundant on the 19th March unfortunately. Had a few questions regarding the how to get a new sponsor and visa while on the curtaining leave.

This is my understanding of the normal curtailing leave process.
+- 10 days for office to notify UKBA of change of circumstance.
28 days for UKBA to decide on curtailing
60 days of curtailling leave

What I am confused about is that, in normal conditions, I would have change employment with a "change of employment application". The timing for this procedure seem crucial for a smooth transition. But how is this transition executed when redundancy happens? It is not my fault that I lost my job, how is the system designed to allow someone in my conditions to find a new job?

My understanding is that unless you are lucky and find a new sponsor within your months notice of redundancy(starting the RLMT), you will most likely fall in the 60 days curtaining leave... and so very tight on time (28 days RLMT +3-4 weeks for visa application by post)

Questions:

1. Can you make a tier two application (RLMT completed) once you have been noticed of the 60 days curtaining leave?

2. Is the 60 days curtaining leave still in effect if:

I am issued a CoS while on the 60 days curtaining leave?

I make a tier 2 application while on the 60 days curtaining leave?



Many thanks, any help appreciated!

[manci]

Once you are assigned a CoS you can make a T2G application any time while you have valid leave, irrespective of whether it has been curtailed or not.

From the date of the of the application the leave is then automatically extended under section 3C.

The date of the application is either the date of posting for postal applications or the date of the PEO appointment for premium applications.

Getting a decision in 3-4 weeks for postal applications may be over optimistic.

[n8net]

Once you are assigned a CoS you can make a T2G application any time while you have valid leave, irrespective of whether it has been curtailed or not.

have you got any reference for this.I think you may be wrong.coz if the leave is curtailed then your visa expiry date is pre poned right. so you have to make a fresh application before the 60 days expires - this is what I undertsand .please correct me if I am wrong.

my friend is in a similar situation .but still has not received the letter from UKBA which I beleive should tell you all you need - even though the initial 28 days has now passed.

any one got such a letter from UKBA ? if they can post would be very helpful.

thanks

[manci]

Once you are assigned a CoS you can make a T2G application any time while you have valid leave, irrespective of whether it has been curtailed or not.

have you got any reference for this.I think you may be wrong.coz if the leave is curtailed then your visa expiry date is pre poned right. so you have to make a fresh application before the 60 days expires a curtailed leave is still a valid leave. The intention in giving 60 days was to provide an opportunity to look for other employment[/- this is what I undertsand .please correct me if I am wrong.

my friend is in a similar situation .but still has not received the letter from UKBA which I beleive should tell you all you need - even though the initial 28 days has now passed. Read page 32 here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

any one got such a letter from UKBA ? if they can post would be very helpful.

thanks

[ngautier]

Your reply was very helpful indeed, many thanks!

Speaking with some immigration lawyers on the phone, it seams that the 28 days following your employers notification to the UKBA is not always 28 days... and that the letter issued by UKBA to inform you of the decision to curtail your leave is not always sent. Leaving you with no choice but to start counting 60 days from your last day of employment ( unless you are issued a letter ). And since 28 days of the 60 is eaten up by the market study, you are left with 1 month to find a new sponsor.

Reading further into the curtailing leave process, you will be asked to send your passport with Bio and passport picture. How does this work logistically, is the passport returned within 1-2 weeks? what if you find an employer/sponsor during that time and you are asked to show your passport or the passport is not returned when you finish your 28 market study - can't submit your visa application?

Again, many thanks for your time.
Best regards,
n

[Sunshine667]

I am in the same situation and waiting for UKBA's letter to know the exact date i need to leave the country....If i go by 60 days curtail for Tier 2 general visa its in 3 weeks. I am wondering if i shld stay to 90 days as many posts say here so i have bit more time to look for a sponsored job ?