Not sure if I have overstayed my Tier 2 General

[YearsYears]

Hello,

I am a migrant in London with Tier 2 General visa. My visa should expire in 2019 but I was made redundant in November 2016 therefore I would think the visa would be curtailed. However, I have not received any letter from Home Office saying that I should leave, so I continue to stay in London. My concern is that it has been almost 6 months now and I am afraid the letter might be lost or Home Office may have sent it to the wrong address. I have changed the address over the last year and I didn't know I have to send a special letter to Home Office with a new address - but I did register with the police + Tax authorities know my address + my sponsor knows my address as I have been receiving letter from them.

So I am afraid what if Home Office tried to contact me with curtailment but failed to do so? Surely, if they sent the letter to the old address and got it returned they would be able to check the recent address with the sponsor?

I am safe until I get the curtailment letter? Really don't want to get deported and would rather leave myself if required
Thank you!

[CR001]

I suggest you contact HO and find out as if a letter was sent and your 60 days has passed, you are an overstayer.

How are you maintaining yourself if you are not working?

[paradoxical]

Call the homeoffice helpline and give your reference number (BRP number) and they will tell you what they have on the system against your name.
By the way, you should have updated your address with UKVI using the change of circumstances form. Letter of curtailment can take quite some time to be issued based on what I have read.

[YearsYears]

Thank you very much!

Do you think they can tell such information over the phone? I think I have to request it by post officially and then it will take about 40 days to get an answer...

I know I should have informed them about change of address but I was told informing the police would be enough... I know this is my fault but clearly if they try to send a letter and it is returned back they can ask the sponsor for the address? The sponsor has it on file.

My point is, can I claim that until I am informed it is curtailed I am not an overstayer? After all, informing them about a change of address by post means the letter might have been lost and they never confirm the receipt

[CR001]

It is not HO's responsibility to run around and find your new address. It is YOUR responsibility to keep HO informed of where you are.

You can call HO and ask about the curtailment letter, nowhere does it state you have to write to them to ask about this.

How are you maintaining yourself financially??

[YearsYears]

That's right but surely I can defend myself saying I have never received any curtailment letter? Does it go in my favour that I will be reaching out to the proactively?

I am having savings which I can use to maintain myself - is this relevant?

[CR001]

How can you defend yourself if you are the one who did not inform HO about your address change as you were required to do? It is your responsibility, no one else's.

Phone them and ask about the letter.

Yes it is relevant as if you have no valid leave to remain and are renting a property, your landlord is in breach of the requirements with regards to the Right to Rent rules.

[YearsYears]

Thank you - I will call them.

How long does it usually take to issue this curtailment letter? I see there are a lot of people who don't receive it immediately. I'm outside of the U.K. at the moment.

[YearsYears]

By the way, I was told I need to inform the police within 7 days after I change the address. I have informed the police and then amended my records accordingly. Is this not the same database?

[CR001]

If you are outside the UK, then you are unlikely to receive a curtailment letter and your visa will simply just get cancelled.

The Police and HO are two different government departments. Don't assume they all use the same database.

[YearsYears]

Thank you very much!

A friend of mine who lives the next door is checking my mails and he says no letter from HO arrived yet. So you think if I simply arrive at Heathrow the chances are they won't let me in?

UK doesn't stamp on exit so they probably don't know I left the country (and when I did so)...

[CR001]

UK doesn't stamp on exit so they probably don't know I left the country (and when I did so)...

They very likely do know.

You can try return but given that you have not been employed with your visa sponsor since November, expect a rough time.

[GLADYS]

Which nationality of passport are you holding? I think you can enter to U.K if you have valid visa ( tourist, student, business ) or if you are from some commonwealth country you don't need visa or simply need visa on arrival to enter UK but there is limited period of stay. For sure you won't be able to work as you has left the country and long exceeded curtailment period (meaning your work permit is no longer valid and curtailment period is no longer applies). It has been 6months then if that's the case then might as well consider it as grace period of 12 months and try your luck again with fresh work permit application?

Best of luck