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T2 ICT - Lost Employment - Baby on the way

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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pacolo17
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T2 ICT - Lost Employment - Baby on the way

Post by pacolo17 » Sat Jan 27, 2018 7:51 pm

Hi All,

I recently lost my employment with the company I've been for 8 years and moved on a T2 ICT in June 2016. I have an appeal pending for unfair dismissal and plan on taking it to ACAS and Tribunal if I have to.

I have a bunch of questions which I would appreciate some help on if possible.

Biggest one:

1) We have a baby on the way, due in June. I have not received my letter for curtail (this only happened last week). What is the likelihood that UKVI will take this into consideration (after notifying)? In 60 days it will be too late for my wife to travel. Will she be allowed to stay or both of us and allowed to work or will we definitely get kicked out?

2) Am I allowed to look for a new sponsored job? I understand I will need a new CoS but I'm not sure if I have to reapply for the whole visa again or just switch to a new CoS?

3) Are appeal time frames taken into consideration? If my employer decides to take long resolving it or I have to take it to ACAS close to the 60 day period am I screwed?

Really not sure what to do, my country is much too violent to return home right now and would fear the worse for the baby and we would arrive to no health care for the child to be born.

I appreciate any guidance.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: T2 ICT - Lost Employment - Baby on the way

Post by Wanderer » Sat Jan 27, 2018 9:24 pm

According to FCO Costa Rica isn't dangerous.
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: T2 ICT - Lost Employment - Baby on the way

Post by CR001 » Sun Jan 28, 2018 10:53 am

1. HO do their processes in the time they do them, regardless of your personal circumstances. Curtailment letters take a couple/few months to get sent out but once sent and your 60 days expires, you/wife cannot use free NHS services anymore if you have no valid visa. If you have left your employer now, you are NOT permitted to work at all for anyone. Wife can still work.

2. You cannot switch within the UK to a new Tier 2 General sponsor without the 12 month cooling off period. I understand the once provision is that if you are offered more than £73,900 but I stand corrected. You would have to apply for a whole new visa again.


3. What 'appeal time frames'? Your case against your employer ad with ACAS is completely separate to the immigration rules. HO won't care about this.
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.

pacolo17
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Joined: Mon Jul 11, 2016 4:16 pm

Re: T2 ICT - Lost Employment - Baby on the way

Post by pacolo17 » Sun Jan 28, 2018 3:21 pm

Wanderer wrote:
Sat Jan 27, 2018 9:24 pm
According to FCO Costa Rica isn't dangerous.
How did you know it's CR? I never mentioned it? Clearly they've only seen the beaches to consider it that way.
Last edited by pacolo17 on Sun Jan 28, 2018 3:23 pm, edited 1 time in total.

pacolo17
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Joined: Mon Jul 11, 2016 4:16 pm

Re: T2 ICT - Lost Employment - Baby on the way

Post by pacolo17 » Sun Jan 28, 2018 3:21 pm

CR001 wrote:
Sun Jan 28, 2018 10:53 am
1. HO do their processes in the time they do them, regardless of your personal circumstances. Curtailment letters take a couple/few months to get sent out but once sent and your 60 days expires, you/wife cannot use free NHS services anymore if you have no valid visa. If you have left your employer now, you are NOT permitted to work at all for anyone. Wife can still work.

2. You cannot switch within the UK to a new Tier 2 General sponsor without the 12 month cooling off period. I understand the once provision is that if you are offered more than £73,900 but I stand corrected. You would have to apply for a whole new visa again.


3. What 'appeal time frames'? Your case against your employer ad with ACAS is completely separate to the immigration rules. HO won't care about this.
Thank you, I was under the impression that I could get a new sponsor and just have them issue me another CoS.

Time to pack it up and head home I suppose.

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Casa
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Re: T2 ICT - Lost Employment - Baby on the way

Post by Casa » Sun Jan 28, 2018 3:32 pm

Redwood839 wrote:
Sun Jan 28, 2018 3:21 pm
Wanderer wrote:
Sat Jan 27, 2018 9:24 pm
According to FCO Costa Rica isn't dangerous.
How did you know it's CR? I never mentioned it? Clearly they've only seen the beaches to consider it that way.
Wanderer's knowledge of geography have been slightly lacking in that Panama is between Colombia and Costa Rica. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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