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Curtailing leave and premium application

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ngautier
Newly Registered
Posts: 4
Joined: Sat Mar 09, 2013 4:54 pm

Curtailing leave and premium application

Post by ngautier » Sun Apr 07, 2013 4:45 pm

Hi there, question regarding curtailing leave and premium application.

My situation.

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

I have been made redundant on the 19th March and have been very lucky (100+ applications and many interviews) to find a sponsor who issued a CoS on April 4th 2013 - (RLMT completed). Following the issue of the CoS my sponsor "learned" from the UKBA that I could only start work after I had been issued a new leave to remain (tier 2 visa). I was then asked by my sponsor to look into booking an appointment to make my application because since postal application could take 4-16 weeks. If the waiting time is too long there might not have a position for me.

I phoned the UKBA to see how I could book an appointment and was told to book online. I asked how much time to get an appointment and was told to see on the website.

I registered with the UKBA online application and completed the forms. Looking into the premium service process I read on the UKBA website:
"The date of your appointment must be before your current visa or permission to remain expires." ....

If my sponsorship is terminated (my office notified the UKBA) then my leave is curtailed to 60 days. I haven't looked into booking an appointment yet - read that it was a difficult task - found on this website that appointment were only released 6 week ahead if lucky. Is this true?

Having received no letter from the UKBA informing me of the start of my curtailing leave (they have my most recent address) how am I suppose to know that I won't be outside of my curtailing leave when booking my appointment?

I am aware that making a postal application stops the 60 days under section 3C but is this the same for booking a premium service? I do not mean the date of the appointment, I mean the date the booking was made online. Otherwise, without more information regarding the start date of my curtailing leave, there is no point for me spending a lot of money for an appointment that could be outside of my leave to remain.

I will have to tell my sponsor that due to the UKBA rules, I can only apply buy post... and since the time frame on this is not set ( 4-16 weeks ) not sure I will have a positive response.

Am I seeing this straight?

Any help will be appreciated,
best regards,

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Curtailing leave and premium application

Post by physicskate » Sun Apr 07, 2013 5:27 pm

ngautier wrote:
"The date of your appointment must be before your current visa or permission to remain expires." ....

If my sponsorship is terminated (my office notified the UKBA) then my leave is curtailed to 60 days. I haven't looked into booking an appointment yet - read that it was a difficult task - found on this website that appointment were only released 6 week ahead if lucky. Is this true?
First of all, take a deep breath.

Your previous employer has 10 days from the finish of your employment to notify that you no longer work for them. UKBA will then decide 28 days (or more) later to curtail your leave to 60 days. This is min 98 days from the end of your employment with employer A.

You have not had any notification of curtailment, so in all likelihood, your leave has not been curtailed yet.

So your leave to remain is still valid.

Time to look for an appointment! Appointments (I am told) are released 42 days ahead of time, but cancellations are also released at any time. I hear the best time to try to get a PEO appointment is either midnight or 2am. These are hard to get and you are advised to go for any centre, not just the nearest to you. Do this now. Your leave remains valid, but you cannot work. You can only start work for the new employer after you get your new Tier 2 (when you actually get the BRP).

Prash_13
Newly Registered
Posts: 25
Joined: Mon Jan 14, 2013 9:30 pm

Post by Prash_13 » Mon Apr 08, 2013 12:16 pm

Hi,

I found this website very useful to book an appointment with UKBA online service. Go thorough this website for detail tips..

http://londonseye.blogspot.co.uk/2012/1 ... -home.html

Best of luck!

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