Leave curtailed

[Kuldeep29]

Hi everyone can anyone guide me i entered uk in 2013 my visa was issued in delhi but now after two yeras i got a letter from home office that my leave to remain has been crutailed due to point based system n stating that the visa was issued in error,, im given two months time to leave the country or allpy fresh again.. Hope everything goes well if i apply again
Please advice

[manci]

did the HO explain what the error was?
Is your employer still a licensed sponsor?
You will need a new CoS before you can apply for a new leave.

[Kuldeep29]

did the HO explain what the error was?
Is your employer still a licensed sponsor?
You will need a new CoS before you can apply for a new leave.

Ho said my cos was unrestricted at the time i applied from delhi,,, n my employer has a valid a grade licence,,, vill there be any probs if i apply again from the same company vith a new cos as ho has given me two mnts time to aplly or leave

[manci]

did the HO explain what the error was?
Is your employer still a licensed sponsor?
You will need a new CoS before you can apply for a new leave.

Ho said my cos was unrestricted at the time i applied from delhi,,, n my employer has a valid a grade licence,,, vill there be any probs if i apply again from the same company vith a new cos as ho has given me two mnts time to aplly or leave

please copy the text from the HO letter

[Porus]

Hi Kuldeep,
I have a similar situation where the main migrant was given unrestricted CoS when the main migrant should have got restricted CoS when applied from Delhi. Visa granted incorrectly and visa curtailed after 11 months which came to light only through British high commission refusal letter for dependent applications yesterday. Main migrant didnt receive any letter still and employer is also unaware that their employee's visa has been curtailed weeks back. Now the critical question is reapplication has a cooling off issue if first T2G visa is considered valid .Since it is curtailed then the period of UK stay is invalid and clock resets to zero . Plus understand the original issue which is when you didnt have earlier T2 visa and you were given unrestricted CoS then you should leave UK and apply only from India through restricted CoS . On the contrary if your original issue is if you were T4/T2 and got Unrestricted CoS and you had mistakenly applied from India (delhi) then you can apply from UK asking your employer to give another unrestricted CoS.

[Kuldeep29]

Hi Kuldeep,
I have a similar situation where the main migrant was given unrestricted CoS when the main migrant should have got restricted CoS when applied from Delhi. Visa granted incorrectly and visa curtailed after 11 months which came to light only through British high commission refusal letter for dependent applications yesterday. Main migrant didnt receive any letter still and employer is also unaware that their employee's visa has been curtailed weeks back. Now the critical question is reapplication has a cooling off issue if first T2G visa is considered valid .Since it is curtailed then the period of UK stay is invalid and clock resets to zero . Plus understand the original issue which is when you didnt have earlier T2 visa and you were given unrestricted CoS then you should leave UK and apply only from India through restricted CoS . On the contrary if your original issue is if you were T4/T2 and got Unrestricted CoS and you had mistakenly applied from India (delhi) then you can apply from UK asking your employer to give another unrestricted CoS.

The home office has mentioned in the letter to apply fresh again if i want to remain or exit the country before the date given ,, what does this mean can i stay n apply within uk plz reply

[Porus]

Hi Kuldeep, Thats the issue with Home office /British high commission, where they dont tell exact remedial measures .In my case in the absence of HO letter , the BHC letter says the main migrant should have applied visa from UK as the person is having Unrestricted CoS and hence visa is rejected. This is wrong advice as even if main migrant now applies in UK getting a new Unrestricted CoS it will still be rejected as prior to applying t2g the migrant neither had another T2G nor T4. The right solution is come to home country and apply T2G with rCoS . So apply this in your case and find out what CoS you should be getting from your employer and if its Unrestricted CoS you can gladly apply from UK itself within 2 months. Also did you check with your solicitor (better get paid help at this stage!) about your UK stay as past 2 years is nullified and if there is a chance of mercy using Administrative Appeal?. In my experience with this forum, there are no immigration solicitors logging in and sharing their free advice and please dont wait and expect for this. Get a Solicitor and move ahead.

[Kuldeep29]

Hi Kuldeep, Thats the issue with Home office /British high commission, where they dont tell exact remedial measures .In my case in the absence of HO letter , the BHC letter says the main migrant should have applied visa from UK as the person is having Unrestricted CoS and hence visa is rejected. This is wrong advice as even if main migrant now applies in UK getting a new Unrestricted CoS it will still be rejected as prior to applying t2g the migrant neither had another T2G nor T4. The right solution is come to home country and apply T2G with rCoS . So apply this in your case and find out what CoS you should be getting from your employer and if its Unrestricted CoS you can gladly apply from UK itself within 2 months. Also did you check with your solicitor (better get paid help at this stage!) about your UK stay as past 2 years is nullified and if there is a chance of mercy using Administrative Appeal?. In my experience with this forum, there are no immigration solicitors logging in and sharing their free advice and please dont wait and expect for this. Get a Solicitor and move ahead.

Hi thankx for your feedback also can you advice if i exit the country n apply from india do i need to opt for ielts again ,,, secondly my employer issues a new unrestricted cos can i apply n will my padt two years be countable

[Porus]

is. Get a Solicitor and move ahead.
Hi thankx for your feedback also can you advice if i exit the country n apply from india do i need to opt for ielts again ,,, secondly my employer issues a new unrestricted cos can i apply n will my padt two years be countable

Please google IELTS validity whether it is 2 years or more.It appears that you didnt read my previous mail thoroughly on Original issue identification. Manci has asked the text of HO curtailment letter and you have not disclosed it still which will enable us to comment on your situation.However your employer can check with Home office and find out what went wrong and what should be done. About your validity ,sorry to say your 2 years not counted for ILR and I would suggest you find a good solicitor while you are in UK.

[Kuldeep29]

The homeoffice letter says my cos was unrestricted the time i applied from delhi so it shud have been refused but was issued in error,, this type of cos was invalied for swtiching immgration policy under paragraph 323ii under immigration rules,, also it says it is not considered that circumstances in your case are such that discretion should be exercised on you favour,,, before your current leave expires and intends to stay you must submitt a fresh application for further leave to remain
No rights to appeal or administrative review

[manci]

The homeoffice letter says my cos was unrestricted the time i applied from delhi so it shud have been refused but was issued in error,, this type of cos was invalied for swtiching immgration policy under paragraph 323ii under immigration rules,, also it says it is not considered that circumstances in your case are such that discretion should be exercised on you favour,,, before your current leave expires and intends to stay you must submitt a fresh application for further leave to remain
No rights to appeal or administrative review

has your leave been curtailed?

fyi this is the immigration rule the HO letter refers to:
323. A person's leave to enter or remain may be curtailed:
...........
(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted

[Kuldeep29]

The homeoffice letter says my cos was unrestricted the time i applied from delhi so it shud have been refused but was issued in error,, this type of cos was invalied for swtiching immgration policy under paragraph 323ii under immigration rules,, also it says it is not considered that circumstances in your case are such that discretion should be exercised on you favour,,, before your current leave expires and intends to stay you must submitt a fresh application for further leave to remain
No rights to appeal or administrative review

has your leave been curtailed?

fyi this is the immigration rule the HO letter refers to:
323. A person's leave to enter or remain may be curtailed:
...........
(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted

Yes

[manci]

The homeoffice letter says my cos was unrestricted the time i applied from delhi so it shud have been refused but was issued in error,, this type of cos was invalied for swtiching immgration policy under paragraph 323ii under immigration rules,, also it says it is not considered that circumstances in your case are such that discretion should be exercised on you favour,,, before your current leave expires and intends to stay you must submitt a fresh application for further leave to remain
No rights to appeal or administrative review

has your leave been curtailed?

fyi this is the immigration rule the HO letter refers to:
323. A person's leave to enter or remain may be curtailed:
...........
(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted

Yes
then follow the advice in the HO letter, get a new CoS from your sponsor and apply for an extension before your curtailed leave expires. NB: check the current min. salary for your SOC code as there have been increases in April

[Kuldeep29]

My employer is willing to sponsor but his annual Cos quota has gone for renewal n how much time its gona take no idea n my deadline is coming near 18 sep any advice please

[Kuldeep29]

is. Get a Solicitor and move ahead.
Hi thankx for your feedback also can you advice if i exit the country n apply from india do i need to opt for ielts again ,,, secondly my employer issues a new unrestricted cos can i apply n will my padt two years be countable

Please google IELTS validity whether it is 2 years or more.It appears that you didnt read my previous mail thoroughly on Original issue identification. Manci has asked the text of HO curtailment letter and you have not disclosed it still which will enable us to comment on your situation.However your employer can check with Home office and find out what went wrong and what should be done. About your validity ,sorry to say your 2 years not counted for ILR and I would suggest you find a good solicitor while you are in UK.

Can sumone tell me which tupe Of Cos do i need to to apply again cz mine was unrestricted from india

[manci]

My employer is willing to sponsor but his annual Cos quota has gone for renewal n how much time its gona take no idea n my deadline is coming near 18 sep any advice please

Normally processing requests for additional uCoS allocations don't take more than 2 weeks

[Kuldeep29]

hi manci pouros
finally im leaving india tried a lot but coudnt find sponsor as Im in tier 2 shortage one.few were ready to sponsor but their solicitors denied saying that my case is complicated as I entered uk on an unrestricted Cos....I coudnt even appeal to that...my question is if im going back as im having a sponsor who is willing to sponsor me from india will that effect in getting a visa if applied freshly again from india.are there chances ukba might reject on basis of my previous record

[Kuldeep29]

hi manci pouros
finally im leaving india tried a lot but coudnt find sponsor as Im in tier 2 shortage one.few were ready to sponsor but their solicitors denied saying that my case is complicated as I entered uk on an unrestricted Cos....I coudnt even appeal to that...my question is if im going back as im having a sponsor who is willing to sponsor me from india will that effect in getting a visa if applied freshly again from india.are there chances ukba might reject on basis of my previous record

please anyone advice me