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Apply for Tier 2 after curtailment 60 days passed

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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DEMO
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Apply for Tier 2 after curtailment 60 days passed

Post by DEMO » Wed Feb 08, 2017 5:25 pm

Hello,

I'd like to find out that if I apply for tier 2 visa after curtailment letter 60 days passed. what will happen ? How HO will count my long residency period as I am getting closer to 10 years.

is it my continues period broken on 10 years long residency ?

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CR001
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by CR001 » Wed Feb 08, 2017 5:26 pm

If your curtailment period has ended and you have not left the UK, you are an overstayer.
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DEMO
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by DEMO » Wed Feb 08, 2017 5:39 pm

I have applied for FLR FP and my application is in HO at the moment but if I get tier 2 sponsor and apply for it and withdraw my FLR FP application. I hope it will count towards 10 years right ?

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CR001
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by CR001 » Wed Feb 08, 2017 5:49 pm

I am fairly sure that you if your curtailment has ended, which it seems to have, you will have to apply for Tier 2 G outside the UK as you are not apply from Tier 2 G to a new sponsored Tier 2 G.

If you withdraw your FLR(FP), my understanding is that you will be considered an overstayer from the date your curtailment ended.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

DEMO
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by DEMO » Wed Feb 08, 2017 5:54 pm

[quote="CR001"]I am fairly sure that you if your curtailment has ended, which it seems to have, you will have to apply for Tier 2 G outside the UK as you are not apply from Tier 2 G to a new sponsored Tier 2 G.[/quote]

What does it means ? Will I have to apply from out side the UK.

[quote="CR001"]If you withdraw your FLR(FP), my understanding is that you will be considered an overstayer from the date your curtailment ended.[/quote]

Is there any grace period for exception cases like 28 days or something like that ?

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Re: Apply for Tier 2 after curtailment 60 days passed

Post by noajthan » Wed Feb 08, 2017 5:58 pm

The 60 days is a grace period! Outside that its overstay.
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DEMO
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by DEMO » Wed Feb 08, 2017 6:19 pm

That 60 days in curtailment letter but what if someone couldn't find jobs within those 60 days and finds it after visa expires. there will be a grace periods for tier 2 general and special cases like someone been staying here for more than 9.5 years ?

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Re: Apply for Tier 2 after curtailment 60 days passed

Post by noajthan » Wed Feb 08, 2017 6:22 pm

DEMO wrote:That 60 days in curtailment letter but what if someone couldn't find jobs within those 60 days and finds it after visa expires. there will be a grace periods for tier 2 general and special cases like someone been staying here for more than 9.5 years ?
After visa expires you will be overstaying. The 60 days is to make alternate arrangements or to wrap up your UK affairs.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Apply for Tier 2 after curtailment 60 days passed

Post by CR001 » Wed Feb 08, 2017 8:38 pm

DEMO wrote:That 60 days in curtailment letter but what if someone couldn't find jobs within those 60 days and finds it after visa expires. then they have to leave the UK. That is the whole point of curtailing your previous visa.

there will be a grace periods for tier 2 general and special cases like someone been staying here for more than 9.5 years ? You only have a 'grace period' of 14 days to make an application after visa expiry or refusal of visa/AR. You have applied for a completely different category so for TGier 2 G with a new sponsor, you will likely be subject to the 12 month cooling off period and have to apply from home country. There are no 'special cases' for situations like this or being 6 months short of long residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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