Tier 2 General Redundancy - New Sponsor

[awm55]

I have a question regarding redundancy and Tier 2 General Visas.

My current employer made me redundant a few weeks ago and since that time I have found a new job. I was under the impression my new employer simply acts as my new sponsor under my current visa, but someone at UKBA told me that even if I find a new sponsor an entirely new Tier 2 General Visa application must be made (even if it is still valid and I am within the 60 day period before I would have to leave the UK), is this correct? I was under the impression that only the sponsorship needed to be changed.

Someone please advise asap, thanks.

[Lucapooka]

You have to make a new application from inside the UK.

[awm55]

You have to make a new application from inside the UK.

I have to make an entirely new application?! I was under the impression the sponsor just needed to be changed?

[Lucapooka]

Yes, that's what you said. You were wrong.

[physicskate]

You have to make a new application from inside the UK.

In this case a new application means being assigned a new CoS, filling in the application and sending in passport, current BRP and two passport photos. No need to prove maintenance or English language as you automatically do that by being on Tier 2 currently.

[ukbagod]

Dear Awm55 ,

I refer to your questions posted Wed Apr 03, 2013 1:12 pm. As a reminder to all others under similar immigration conditions (change of employment due to redundancy CoS), certain points as per UKBA rules and advice must be given attention to detail.

1) You will be treated just like any other Tier 2 applicant and I am afraid at this occasion you must submit a fresh T2 application. However, you will be given 10 points automatically for both Maintenance and English Requirements. As a relief, you do not need to submit any evidence to claim these points. You must submit your passport, current BRP and two passport photos and have a new biometric taken.

2) Any migrant under your condition can make an application for new CoS provided you sponsor has the license and done the RLMT. Once your Tier 2 application has been approved by UKBA, then your previous leave will be curtailed (in your case the 60 days grace period, to end on the date specified by UKBA in their letter) and your previous BRP will be destroyed under Data Protection Act 1998. You will be given a new BRP with a new end date (usually 3 years from the date of which you attended your enrollment, a duration which most employer usually assign in their CoS)

4) You can read news about the recent abolishment of UKBA's agency status on UKBA website under the News section and this might cause a delay in processing your application unless you do it premium. Also, beware of changes to T2 after April 6th.


5) As a reminder: You can make a Tier 2 application at anytime as long as

a) Your 60 days grace period is valid until the date of application

b) You have a valid passport

c) You have a valid Certificate of Sponsorship (CoS) which has an expiry date which exactly three (3) months after it was first issued to a migrant.


It is very unfortunate that you were made redundant but do not let this to deter your success. I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.

Many thanks

UKBA God :

[vinny]

Hi,

I am currently in the UK on a Tier 2 visa and have been made redundant from my employer. From what I understand I have 60 days from the date UKBA contacts me stating they have decided to curtail my leave to leave the UK, is this correct? There seems to be some confusion on this board about whether the 60 days starts from the date of redundancy or from the date you are contacted by UKBA, I need to clarify this.

Thanks.

[awm55]

Hi,

Just to follow up from a few months back.

I am currently in the UK on a Tier 2 visa and have been made redundant from my employer. From what I understand I have 60 days from the date UKBA contacts me stating they have decided to curtail my leave to leave the UK, is this correct? There seems to be some confusion on this board about whether the 60 days starts from the date of redundancy or from the date you are contacted by UKBA, I need to clarify this.

Thanks.

[awm55]

Hi,

Just to follow up from a few months back.

I am currently in the UK on a Tier 2 visa and have been made redundant from my employer. From what I understand I have 60 days from the date UKBA contacts me stating they have decided to curtail my leave to leave the UK, is this correct? There seems to be some confusion on this board about whether the 60 days starts from the date of redundancy or from the date you are contacted by UKBA, I need to clarify this.

Thanks.

Anyone know?

[lawabidingimmigrant]

Forget about 60 days, it is not always 60 days.

Just refer to the date mentioned as "curtailed leave expiry date" on Variation of Leave letter that you will receive from UKBA shortly after ur employer notifies UKBA about ur end of employment.

[awm55]

Forget about 60 days, it is not always 60 days.

Just refer to the date mentioned as "curtailed leave expiry date" on Variation of Leave letter that you will receive from UKBA shortly after ur employer notifies UKBA about ur end of employment.

That is what I assumed. I have not heard anything from the UKBA since I was made redundant so I guess technically I can stay in the UK legally until they contact me.

[ukbaheadache]

Forget about 60 days, it is not always 60 days.

Just refer to the date mentioned as "curtailed leave expiry date" on Variation of Leave letter that you will receive from UKBA shortly after ur employer notifies UKBA about ur end of employment.

That is what I assumed. I have not heard anything from the UKBA since I was made redundant so I guess technically I can stay in the UK legally until they contact me.

Just wanted to follow up on this thread as I am under the same situation and need clarification.
Details below ====>
Tier 2 visa made redundant
Last day in the office 23 of April 2013
Employer contacted UKBA for my redundancy 03 may 2013 [ they told me that]
Tier 2 visa starting date is 1 october 2010
Tier 2 visa expiry date is 30/11/2013
I understand that the UKBA should have contacted me after 28 days - I haven't received anything from them and still living in the same flat since one year.
I am still looking for another sponsor and don't know what is my situation. What shall i do now ?
Can i just sit waiting for them to get in touch with me ? is it legal to do that ?
Not sure if I felt under the "less than six month category" where they can decide not to curtail your leave. Just asking myself why they didnt get in touch with me. Should I go and meet with them ?

I understand than the 60 days period starts from the day I received a letter from them, is that true ?
I am very confused now !
please, can you shed some light in my situation ?

many thanks

[manci]

You may not receive a letter from the HO. See page 32 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The 60 days start from the date the HO makes the decision to curtail, not from the date of termination of employment or the date of notification by the employer. The date of the decision is usually at least 28 days after the HO receive the notification from the employer

[ukbaheadache]

You may not receive a letter from the HO. See page 32 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The 60 days start from the date the HO makes the decision to curtail, not from the date of termination of employment or the date of notification by the employer. The date of the decision is usually at least 28 days after the HO receive the notification from the employer

Thanks Manci,
Read this page more than 100 time and still cannot figure out whats going on.

- Page 32 says "If the migrant‟s most recent leave was granted in the UK (in-country) on or after 23 May 2011, you are no longer required to request these documents..."
In my case , the tier 2 was issued in october 2010, before May 2011, I am not under this category
- Page 32 says " For migrants whose most recent period of leave was granted outside the UK, you must request the above documents from the migrant"
My tier 2 was issued outside of UK ==> they should have contacted me.
Have you seen this case before ? if yes, what is the right move here to be on the safe side.
Many thanks

[manci]

Wait and look for another job/sponsor in the meantime This is assuming the HO have your correct correspondence address

They may not have made their decision yet.

If you are concerned contact the HO

[ukbaheadache]

Wait and look for another job/sponsor in the meantime This is assuming the HO have your correct correspondence address

They may not have made their decision yet.

If you are concerned contact the HO

Thanks,
What do you mean by HO ?
How can I get in touch with them to make sure they have my address ?
Where do they find people address in the first place ?
I am assuming that my employer gave them my address in the same time as redundancy notification. Am i right ?
My employer is using the same address for all the correspondence since redundancy
Thanks a lot.

[Jeeves]

HO = Home Office

[manci]

Wait and look for another job/sponsor in the meantime This is assuming the HO have your correct correspondence address

They may not have made their decision yet.

If you are concerned contact the HO

Thanks,
What do you mean by HO ?
How can I get in touch with them to make sure they have my address (and to check your immigration status) ?

Phone: 0870 606 7766
Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Where do they find people address in the first place ? the sponsor must keep up to date records of all sponsored migrants incl. their home addresses

I am assuming that my employer gave them my address in the same time as redundancy notification. Am i right ? not necessarily

My employer is using the same address for all the correspondence since redundancy Have you moved since your arrival in the UK? If you have, read para 216 of the T2 policy guidance;
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks a lot.

[ukbaheadache]

Wait and look for another job/sponsor in the meantime This is assuming the HO have your correct correspondence address

They may not have made their decision yet.

If you are concerned contact the HO

Thanks,
What do you mean by HO ?
How can I get in touch with them to make sure they have my address (and to check your immigration status) ?

Phone: 0870 606 7766
Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Where do they find people address in the first place ? the sponsor must keep up to date records of all sponsored migrants incl. their home addresses

I am assuming that my employer gave them my address in the same time as redundancy notification. Am i right ? not necessarily

My employer is using the same address for all the correspondence since redundancy Have you moved since your arrival in the UK? If you have, read para 216 of the T2 policy guidance;
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks a lot.

Thanks
I spent one hour on the phone with them with limited results.
They don't have my name on the system - my tier 2 was issued outside of UK - What does that means ?
it is possible that the HO office have decided to curtail my leave and i am not listed in the system ?
Should I send the change of circumstance form with my address or do nothing ?
I am checking with my employer now if they also send my address to them when informing them about the redundancy.
What's your view about that ?

[awm55]

Wait and look for another job/sponsor in the meantime This is assuming the HO have your correct correspondence address

They may not have made their decision yet.

If you are concerned contact the HO

Thanks,
What do you mean by HO ?
How can I get in touch with them to make sure they have my address (and to check your immigration status) ?

Phone: 0870 606 7766
Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Where do they find people address in the first place ? the sponsor must keep up to date records of all sponsored migrants incl. their home addresses

I am assuming that my employer gave them my address in the same time as redundancy notification. Am i right ? not necessarily

My employer is using the same address for all the correspondence since redundancy Have you moved since your arrival in the UK? If you have, read para 216 of the T2 policy guidance;
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Thanks a lot.

Thanks
I spent one hour on the phone with them with limited results.
They don't have my name on the system - my tier 2 was issued outside of UK - What does that means ?
it is possible that the HO office have decided to curtail my leave and i am not listed in the system ?
Should I send the change of circumstance form with my address or do nothing ?
I am checking with my employer now if they also send my address to them when informing them about the redundancy.
What's your view about that ?

I am in the exact same situation as you are. Made redundant in February and have had absolutely no contact from the UKBA since then even though my company informed them of my redundancy. My leave was granted outside the UK and after May 23rd 2011 and per the UKBA requirements they have to send a letter to me stating they have decided to curtail my leave.

From what I understand we are still fully within our rights to remain in the UK and are not in breach of any immigration restrictions because we were never notified in writing of the UKBA's decision to curtail our leave.

My suggestion is do not contact them and make them aware of their error. The UKBA is a mess these days and its likely they don't have the administrative capacity to keep track of all these cases anymore. As long as you have not received anything from them you still have the right to stay here and look for a new sponsor.

[Jeeves]

My suggestion is do not contact them and make them aware of their error. The UKBA is a mess these days and its likely they don't have the administrative capacity to keep track of all these cases anymore. As long as you have not received anything from them you still have the right to stay here and look for a new sponsor.

That could be quite risky - if they've sent a letter that has gone missing in the post then you could end up being here illegally (as an overstayer) without realising it.

[awm55]

My suggestion is do not contact them and make them aware of their error. The UKBA is a mess these days and its likely they don't have the administrative capacity to keep track of all these cases anymore. As long as you have not received anything from them you still have the right to stay here and look for a new sponsor.

That could be quite risky - if they've sent a letter that has gone missing in the post then you could end up being here illegally (as an overstayer) without realising it.

Well the rule clearly states you have to be informed by the UKBA of their intention to curtail your leave, if you never receive a letter from them for whatever reason then you were clearly not informed and therefore are still absolutely within your rights to stay in the UK. It is not the Visa holders responsibility to inform the UKBA that they are incredibly disorganised and that they can't keep track of who they let into the country, that is their own problem...

[Jeeves]

Well the rule clearly states you have to be informed by the UKBA of their intention to curtail your leave, if you never receive a letter from them for whatever reason then you were clearly not informed and therefore are still absolutely within your rights to stay in the UK.

Can you quote a source for the rule you refer to?

[awm55]

Well the rule clearly states you have to be informed by the UKBA of their intention to curtail your leave, if you never receive a letter from them for whatever reason then you were clearly not informed and therefore are still absolutely within your rights to stay in the UK.

Can you quote a source for the rule you refer to?

The UKBA must notify Tier 2 holders of their intention to curtail leave if their leave was granted outside the UK or before a certain date.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 32, seems pretty black and white to me...

----------------------------------------------------------------------------------------

If you are continuing with the curtailment:

For migrants whose most recent period of leave was granted in the UK before 23 May 2011, you must write to the migrant requesting their passport, biometric residence permit (if appropriate) and two passport photographs.

For the wording to use in the letter, see related link: Curtailment – wording for notification of premature end of employment.
Once you have sent the letter, allow 14 days for a response. If there is no response in 14 days you must continue with the curtailment.

If the migrant‟s most recent leave was granted in the UK (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.

[ayesha.aykhan]

Hi ,

Can you please update me with your present circumstances. If you have received any correspondence from HO in due course. Actually, I am going to be in same situation so just want to know how many days i will have to sort my things out.

Thanks,