PBS Dependent Curtailment

[NAR00]

I am on T2G visa expiring in January 2021, my wife is on a PBS with the same expiry date. I am currently serving my notice (i.e. gardening leave) and expecting my employer to notify UKVI about employment termination towards 30 March 2018, this gives us roughly till 30 May 2018 to leave the UK unless I manage to switch to another employer (60 days from receiving the curtailment letter). I have couple of questions, appreciate if you can share with me based on your experience and knowledge.

1) I understand I can continue to apply for jobs and submit a new T2G leave to remain before expiry date of my curtailment - is this correct?

2) Curtailment leave:
a) Is this is the reason the 60 days employment gap limit was removed in the 2018 issued guideline for the 5-years ILR eligibility?
b) Assuming receipt of my curtailment letter 30 days after my employment termination date and considering worst case scenario (i.e. managing to switch to a new T2G visa just before my curtailment leave ends), this means I would have 90 days employment gap, will this still keep me eligible for ILR once I reach 5 years from my first entry on T2G?

3) My wife (PBS dependent) is still working, can continue to work for her employer
a) until receiving the curtailment letter?
b) until expiry date of my curtailment?


Much appreciated for your valuable inputs.

[NAR00]

For the benefit of those who are interested, here are the answers to my questions. I had to check with an immigration solicitor to get my questions answered, hope this helps in the future.

1) Tier 2 General visa holder can continue to apply for jobs and apply for Tier 2 General extension (switch of employer) until the last date of curtailment leave expires.

2a) 60-days employment gap is removed in the new guidance for ILR
2b) Yes as the 60-days employment gap restriction condition has been removed

3a&b) Dependent of Tier 2 General visa holder can continue to work until the last date of the Tier 2 General curtailment leave expires?

[buddhimu]

Thank you so much for sharing this info. I was searching for this information for the past few weeks or so. Tried consulting various immigration solicitors, but different solicitors have different opinions.

I was made redundant end of Feb 2018 (Just a few days back) and was told by one solicitor that my husband (Who is my Tier 2 General dependent) also cannot work from my last day of the employment. We both were freaking out until we saw this post. If you do not mind me asking a couple of additional questions;

1. Is it my employer's responsibility to inform UKVI regarding my redundancy? Or do I have to do anything from my side?
2. What would happen if my employer does not inform UKVI?

I would really appreciate your insight or an expertise advise on the matter.

[NAR00]

Thank you so much for sharing this info. I was searching for this information for the past few weeks or so. Tried consulting various immigration solicitors, but different solicitors have different opinions.

I was made redundant end of Feb 2018 (Just a few days back) and was told by one solicitor that my husband (Who is my Tier 2 General dependent) also cannot work from my last day of the employment. We both were freaking out until we saw this post. If you do not mind me asking a couple of additional questions;

1. Is it my employer's responsibility to inform UKVI regarding my redundancy? Or do I have to do anything from my side?
2. What would happen if my employer does not inform UKVI?

I would really appreciate your insight or an expertise advise on the matter.

1. Employer should inform UKVI about your contract termination date.

2. Don't know the answer, however I know it's the employer's responsibility (as a tier 2 sponsor) to inform UKVI of such a chnage in circumstances.

[vinny]

I think her conditions remain the same until notified of curtailment in writing.

[NAR00]

Dear all,

I have couple of questions relate to this topic, for which I hope you can help me with your valuable expertise.

I am on T2G visa, will be terminated on 29 March 2018 as an outcome of redundancies in my company, my wife is on a PBS dependent visa, both visas do expire in 2021.

Provided I managed to land a job offer after a proper RLMT is conducted and an UCOS is assigned to me while I am still waiting for the curtailement letter, my questions are:

1. I should apply for a fresh T2G with the new employer sponsorship UCOS, I will have to give up my BRP card as part of the new visa application - Should the new visa application be unsuccessful, will I get my old BRP card back?

2. Does my wife need to apply with me as a dependent or she can keep her current BRP card till 2021? If she needs to apply as a dependent, does it make a difference if she applied after I get my new T2G visa?

3. Same question no. 2 above, however this time assuming I am applying for my new T2G visa after receiving my curtailement letter and before the 60-days deadline.

Many thanks in advance for your advise & inputs. I looked a lot in this forum for a similar scenario, unfortunately could not find an answer...