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Topic: Tier 2 visa curtailment letter received  (Read 2889 times)

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Tier 2 visa curtailment letter received
« on: July 06, 2017, 08:51:49 AM »
Hello,

I came to the UK under the Tier 5 Youth Mobility Scheme, which was valid for two years. After that, my employer sponsored me for a Tier 2 visa that is valid for 5 years (up to 2019). I just received a letter yesterday saying that my sponsor's license expired on June 2016 and they are curtailing my visa from 2019 to about 60 days from now. I have to leave the UK by 3 Sept 2017.

It came as a shock as my employer never told me that their sponsor license has expired. I thought I was all set up to 2019 that I was even seriously considering buying a flat here.

I have been here in the UK for 5 years now, but because my first 2 years was under the Tier 5 YMS visa, I am still not qualified for ILR.

I don't know what to do. Do I have time to find another employer that can sponsor me? I don't even know if my current employer even wants to renew their sponsorship license as we had layoffs / redundancies last year (about the same time they let their sponsorship license expired). Do I start saying my goodbyes and start packing? It sucks as I have made good friends and maybe a potential relationship about to start. And I'm going to miss the cheap flights around Europe and 5 weeks of holidays.

I just feel so anxious. Any help?


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Re: Tier 2 visa curtailment letter received
« Reply #1 on: July 06, 2017, 09:09:58 AM »
I'm so sorry, what a horrible surprise.

All you can do is see if someone else will sponsor you.  Best of luck!


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Re: Tier 2 visa curtailment letter received
« Reply #2 on: July 06, 2017, 12:13:47 PM »
I just realised that it is over 12 months since your sponsor's licence expired!

For your legal standing for settlement, you might get advice going to this forum, where the posters called manci and moonlight appear to know UK immigration law for work visas,  inside out.
https://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/

Those posters are to Tier 2 visas, what our ksand is to partner/spouse visas

NOTE ooops I seem to have managed to delete my previous post with this one. :P
« Last Edit: July 06, 2017, 12:43:13 PM by Sirius »


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Re: Tier 2 visa curtailment letter received
« Reply #3 on: July 06, 2017, 08:40:03 PM »
Yes, that really sucks. Very sorry to hear that.
Best of luck finding another sponsor.  :)


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Re: Tier 2 visa curtailment letter received
« Reply #4 on: July 14, 2017, 07:49:31 PM »
Do you guys know if my employer is required to pay me redundancy payment for this? If I don't resign but I have to leave, will I receive the statutory redundancy payment?


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Re: Tier 2 visa curtailment letter received
« Reply #5 on: July 14, 2017, 08:12:45 PM »
No idea.  It would be wise to spend a but of money speaking to a good employment lawyer.  Maybe start with ACAS.  But I would suspect you should have some type of employment protection as you've been there over two years.  It's unlikely it'll save your stay in the UK, but may give you some needed cash.


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Re: Tier 2 visa curtailment letter received
« Reply #6 on: July 15, 2017, 07:38:01 PM »
Do you guys know if my employer is required to pay me redundancy payment for this? If I don't resign but I have to leave, will I receive the statutory redundancy payment?

Wow. I am so sorry you are going through this.

Two perspectives: immigration law vs employment law.

Immigration law:
option 1: your current employer renews their license and then you reapply for your visa, following the normal procedure (CoS, though you are probably exempt from the RLMT).
option 2: find new employer who runs the RLMT and issue you a CoS and then you pply for a visa.

Failing both of these, you will not be eligible to apply for a new Tier 2 from out of country until you have served the 12 month cooling off period.

Employment law:
Completely separate from immigration law. They could argue that by having no right to work in the UK, they cannot employ you and have no choice but to dismiss you because of your immigration status. They have treated you APPALLINGLY by not telling you about this. I suggest you get a good employment lawyer with some knowledge of the immigration system to sort out redundancy if your current employer is not willing to go with immigration option 1. I am unsure if your employment rights supersede your immigration status/ rights.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Tier 2 visa curtailment letter received
« Reply #7 on: July 19, 2017, 06:35:45 PM »
Thanks guys.
As my curtailment date is 3 Sept, if I find a job that can sponsor me, can I stay in the UK legally after 3 Sept while waiting for my new visa?


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Re: Tier 2 visa curtailment letter received
« Reply #8 on: July 19, 2017, 06:48:43 PM »
Thanks guys.
As my curtailment date is 3 Sept, if I find a job that can sponsor me, can I stay in the UK legally after 3 Sept while waiting for my new visa?

So long as the new application is made prior to that date, yes.  Are you having any luck?  Any joy with an employment solicitor?


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Re: Tier 2 visa curtailment letter received
« Reply #9 on: July 19, 2017, 06:52:28 PM »
Thanks guys.
As my curtailment date is 3 Sept, if I find a job that can sponsor me, can I stay in the UK legally after 3 Sept while waiting for my new visa?

You have up to 3 September to get a valid application in for a new visa.

However, Tier 2 General is only for 6 years max and if there is a break in employment of 60 days, then this ends your 5 years to ILR. It's something like, up to 60 days from last employment to new application going in. -you need to check the rules on that to see if I have it right, unless Kate knows?
« Last Edit: July 19, 2017, 06:53:35 PM by Sirius »


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Re: Tier 2 visa curtailment letter received
« Reply #10 on: July 19, 2017, 07:06:23 PM »
I'm not sure about an employment solicitor, but I just had a talk with the CEO and HR and they will be giving me a redundancy package. I will also be employed up to 31 Aug and they have waived my one-month notice of termination. Apparently, this has happened 3 or 4 times before with previous employees.

I've been applying for jobs since a week and a half ago, but haven't heard much. It's good to know though that I don't have to have a new Tier 2 visa stamped on my passport by Sept 3. That gives me just a bit more time to sort this out.


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Re: Tier 2 visa curtailment letter received
« Reply #11 on: July 19, 2017, 07:12:39 PM »
I'm not sure about an employment solicitor, but I just had a talk with the CEO and HR and they will be giving me a redundancy package. I will also be employed up to 31 Aug and they have waived my one-month notice of termination. Apparently, this has happened 3 or 4 times before with previous employees.

I've been applying for jobs since a week and a half ago, but haven't heard much. It's good to know though that I don't have to have a new Tier 2 visa stamped on my passport by Sept 3. That gives me just a bit more time to sort this out.

Glad they are treating you okay in the end.

Yes, you have a bit of time.  Not too much depending on hhow w long someone takes to issue a certificate of sponsorship.  Any chance you are in a relationship?    ;D


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Re: Tier 2 visa curtailment letter received
« Reply #12 on: July 19, 2017, 07:25:29 PM »
Any chance you are in a relationship?    ;D
There were possibilities, but unfortunately, I have been really picky in my 5 years here :D


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Re: Tier 2 visa curtailment letter received
« Reply #13 on: July 19, 2017, 07:28:03 PM »
There were possibilities, but unfortunately, I have been really picky in my 5 years here :D

Smart!   ;)  When I came here for work, EVERYONE said, "You're going to meet someone and marry him and have his babies" and I would laugh.  I had moved all around and not had that happen, pretty sure it wasn't going to happen here.

Two kids later...  I guess they were right!


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Re: Tier 2 visa curtailment letter received
« Reply #14 on: July 20, 2017, 03:06:08 PM »
As you came to the UK on the Tier 5 Youth Mobity Scheme visa, which is only for citizens of certain countries, are you a Commonwealth citizen and have a grandparent who was born in the UK? If you have, there is the Ancestry visa for Commonwealth citizens
https://www.gov.uk/ancestry-visa
« Last Edit: July 20, 2017, 03:10:10 PM by Sirius »


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