Tier-4 visa curtailment and right to work

[Hossain01]

Dear all,
I need some information regarding tier-4 visa curtailment and right to work. I was studying at a reputed University. Because of late payment of tuition, Finance department blocked all my access. I missed my classes and that's why visa compliance department reported to ukvi for visa curtailment. I have tried to talk to the Uni but they didn't give me a single chance to resume the study.
Me, my wife and little baby applied for flr(o) before the curtailment expires. 6 months left for long recidency application.
Please suggest me what to do. I would request you to reply me with the reference of the UK law please.
Question: Can I work in this situation and what would be the right to work for my wife?

[member]

Under what circumstances you applied for flr(o)?

[sah10406]

Can I work in this situation and what would be the right to work for my wife?

You for sure cannot work. See "An employer’s guide to right to work checks":

https://www.gov.uk/government/uploads/s ... uly_16.pdf

page 27: Impact of a change in circumstances on a Tier 4 points based system student’s right to work > 4. Migrant has stopped studying

Your wife's right to work derives from your student leave and its conditions, so I would advise she does not, but an employer would need to advise her.

[Frontier Mole]

Your FLR(O) application will almost certainly be refused. Students attempting this route to remain get short shrift and your application will be refused with no ROA because you applied if your curtailment period.

Unless you can move onto say a tier 2 visa you have little or no chance of remaining in the UK going forward.

As for right to work that will continue under 3(c) rules until your FLR(O) get decided. The rules in place for your current tier 4 visa will govern that.
Your dependent will be able to work and you will have the right to do 20 hours per week as per your current visa conditions.

Once your FLR(O) is refused you will have zero right to work or remain at that point. No further recourse to appeal and 28 days to leave. I would seriously plan for the refusal outcome.

As I said above - tier 2 - go and find a sponsor and a job. It is the easiest and most productive way of doing it. If you get a role before the FLR decision vary your application to tier 2.

[sah10406]

As for right to work that will continue under 3(c) rules until your FLR(O) get decided. The rules in place for your current tier 4 visa will govern that.

What about the guidance to employers quoted above though? It says they should not be employing someone whose leave has been curtailed under OP's circumstances.