Options for Possible overstay in Tier 2

[eyalcin]

Hello,

I have officially left my last employer on 25th of July 2014 hence lost the sponsorship. Both my employer and their immigration lawyers confirmed they let the Home office aware of this on 25th of July, and confirmed that they have the correct correspondence.

I still haven't received any communications. (I was made aware that any immigrant in this case is legally allowed to stay in the country and look for another employer long as they don't receive any communications)

I left the country and re-entered when my leave was still valid. I haven't left the UK after 17th of August.

I have found a new employer and their immigration lawyer advised them not to sponsor me as I have breached my stay, cannot apply for ILR etc. They haven't even tried to pursue my case, exhausted any other options.

I am not really sure what options are out there. I don't want to breach any laws which could affect my future entry. What consequences should i be aware of? How should I approach this delicately?

I would appreciate if someone who is familiar with a case like mine could advise me.

[Frontier Mole]

The easiest way forward is to get your new employer to use the Employer Checking Service to verify bthey can employ you. If you have not had your visa curtailed then you are not an overstayer. Once they have that conformation then they are free to offer you employment without worry.
Ironically there is nothing in the tiet 2 guidance that states you can not offer employment to ovrrstayers / illegals etc and it has been known for it to be done. The downside is the secondary part when the individual applies for a visa....
Technically you have breached your conditions when you left and then returned as by using the visa to regain entry knowing you were no longer employed is entry by deception. However it is unlikely that will become an issue.

[eyalcin]

Appreciate your time Frontier Mole.

1) are there any risks checking through the system. (The lawyer says if it turns out my visa is curtailed and HO can prove that they actually sent a letter which never arrived I could get a 10 year ban.) how long does it take usually?

2) can you please elaborate on "the downside is the secondary part when the individual applies for a visa"?

I have an option with an employer back home: i could work there 1 year during the cooling off period and get transferred under a new Tier-2. Which I have doubts of getting rejected, how could I know whether this would be an issue for my future clearances.

Or I could go through the ECAA 1 and work on contracts. Still have to go back to get that visa though.

I wasnt aware of the possible breach at the time that is my fault. But i clearly remember I told the Border Police that I was in between jobs, looking for a new one.

I just dont want this to be an issue for the future.

[eyalcin]

Also this lawyer firm claims the curtailment letter usually isnt even sent as they have seen in many cases.

Forgot to add: another topic they are not willing to go through with an application is i am not eligible for ILR as they think i breached it.

[Frontier Mole]

It has been years since I last looked at ECAA so I am not in a position to give any reliable comment on that area.
ECS - there is no kick back from doing the check. Neither you nor the prospective employer. If an illegal worker is identified the check does not comment. All it states is that the individual is not free to be employed.
If your new employer issues a COS then the next stage is your application. If you have overstayed your 60 days plus the 28 day grace period then it will be a mandatory refusal.
The delay in the 60 day letters being issued can be considerable, especially for non tier 4 cases.
I doubt very much that you have been curtailed as ridiculous as that sounds.
The lawyer saying they don't send the letters is complete nonsense. They are legally bound to do so to the last known address. That might well be your employers address if they don't have a home address.
The barriers being put in place to your employment are not unusual. You can see why they are being cautious.
Get the ECS done and that will clear the air.
The ILR point is a red hearing. If you get tier 2 visa then there has been a continuous period of stay by default. So ILR will be ok.

[eyalcin]

Just tried ECS myself from gov.co.uk website. After a couple of steps It asks for an ongoing case number, i dont have one.

Is there a different system the employer could use to check? (By my name etc..)

I will pursue this if there is no backfire to my future applications.

Appreciate your help!

[Frontier Mole]

Ref no - use your last COS number

[aak86]

This lack of clarity around whether you are supposed to wait for the curtailment letter is doing my head in.

My situation is vaguely similar in that, I was made redundant last month and I haven't received any letter. I've told prospective employer that I have sufficient time at hand to finish all processes (including a 28-day RLMT).

Now, if I wait till RLMT is completed, I will have stayed a full 90 days after my last day of work with my previous organisation (of which around 45 are done already with no sign of that letter).

Is it really safe to presume no receiving a letter means the visa has not been curtailed yet? I called them a couple of weeks back and they confirmed they haven't sent out anything and that my address is correct.

[eyalcin]

Hello all,

First of all, i would like to thank all of you for doing such a great job at helping us out us! Especially your advice for me last year.

Above is my case from 1,5 years ago.

I have now found a job and an employer who is willing to sponsor me. They were aware of my situation back in Jan 2015 and didn't want to risk it then by sponsoring me (didn't want to get in trouble basically).

They wanted me to serve the 1 year cooling off period which I have done so. I left the UK on 23 Feb 2015 and never seeked entrance until Feb 2016 when I went on a tourist visa (I got it with the help of my new employer in my home country which I have been working for a year now)

Now they would like me to present my case and tell them how my visa situation has changed and I'm in the clear so that they can go ahead and sponsor me free of worry.

1) What would be your advice?
2) How should I present my case?
3) Should I get an independent lawyer?

Thank you!

[iworker]

where is this employer?
You should tell them that u have already served your cooling off time and are now eligible for tier 2 general.

[eyalcin]

where is this employer?
You should tell them that u have already served your cooling off time and are now eligible for tier 2 general.

Employer is UK based, 1 of the world's biggest technology companies. But they work with XXXXX and they are so not helpful. They try to avoid conflict at all costs.

The problem is as I never received the curtailment letter so I have no idea when my leave had expired.
Keep in mind I left in Feb 2015 (finished job Aug 2014) so no idea if i overstayed.. (dumb as it is I trusted the fact that I hadn't received any correspondence)

Something might have gone wrong when I left the UK on 24 July (1 day before end of my sponsorship) 1 week after (no trouble entering though) + 2 days in Germany. Have stayed in the UK 17 Aug - 25 Feb)