change of address - curtailment letter

[confusedandsad]

Hi everyone,

I am a New Zealand citizen working in the UK on a tier 2 visa.

I resigned from my job recently and my last day of employment will be 20 April 2017. I plan to remain in the UK until my curtailment date. To be safe, I am making future plans on the basis that I will only have 60 days from 20 April 2017 to remain in the UK. Effectively, meaning I am planning to leave the UK on 20 June 2017.

Once I leave the UK on 20 June 2017 is there a cooling off period before I can re-enter the UK as a normal NZ citizen tourist? I have no intention of working in the UK.

Could I be refused back into the UK? If so, how long should I wait before coming back as a tourist?

I own a flat here in the UK and my plan is to travel for 1 week from 20 June 2017 and then come back to the UK on a tourist visa and refurbish my house so that it will be suitable for the agent to rent it out.The 60 day period from 20 April 2017 to 20 June 2017 will not be sufficient for me to complete all the works and unpack all my belongings and relocate to the NZ.

Will my situation cause issues at the border once I come back as a tourist? It seems a bit unfair given my situation if I am refused entry. If I am to be refused entry how long do I have to wait before being allowed back into the country to sort out my personal and investment affairs?

[CR001]

Yes, you are likely to face issues.

You should note that a curtailment letter can take a couple of months to be sent to you. The 60 days curtailment starts from the date of the letter not from when you left your employment.

[confusedandsad]

When would I be able visit the UK as a normal NZ citizen tourist again? Is there a specified time following curtailment where you are not specifically permitted to enter the UK.

[confusedandsad]

Is there a way I can determine if I will be allowed back into the country as a tourist?

[confusedandsad]

I called the UK Visa number and they said it is ok for me to return on a tourist visa for 6 months following my curtailment.

[CR001]

I called the UK Visa number and they said it is ok for me to return on a tourist visa for 6 months following my curtailment.

HO helpline is well known for providing incorrect information and take no responsibility for it either.

[confusedandsad]

Dear all,

I am on a tier 2 visa and my last day of employment was 1 April 2017 but I have not yet received my curtailment letter.

My current address is different to the one I provided to the home office at the time of my application as I have moved house. However, I have updated my address to my current address using the online form found here:

https://visa-address-update.service.gov.uk/

I understand that you get 60 days from the moment the home office send the letter of curtailment to your address. However, this assumes you actually receive the letter. What happens in the situation where they send the letter and you don't receive it? I am trying to avoid a situation where a curtailment letter has been sent but not received by me and unaware of this I remain in the UK past my curtailment date. How can I check they have my current address registered? Is the letter sent via registered post?

Should I just leave the UK on 1 June to avoid any troubles?

I don't really want to call them explaining my situation because this may trigger them to send the letter quicker then they may do otherwise

[confusedandsad]

Where can I get correct information or avoid the risk of being turned away?

I still have not received my curtailment letter? Is there a risk that the home office may have sent the letter to me and has been lost in the mail? Do they send it with registered post requiring signatures? If not, I run the risk that I am staying int he UK past my curtailment date completely unaware of it.

Can I contact the curtailment team and confirm if they have set a curtailment date?

[confusedandsad]

Dear all,

I am on a tier 2 visa and my last day of employment was 1 April 2017 but I have not yet received my curtailment letter.

My current address is different to the one I provided to the home office at the time of my application as I have moved house. However, I have updated my address to my current address using the online form found here:

https://visa-address-update.service.gov.uk/

I understand that you get 60 days from the moment the home office send the letter of curtailment to your address. However, this assumes you actually receive the letter. What happens in the situation where they send the letter and you don't receive it? I am trying to avoid a situation where a curtailment letter has been sent but not received by me and unaware of this I remain in the UK past my curtailment date. How can I check they have my current address registered? Is the letter sent via registered post?

Should I just leave the UK on 1 June to avoid any troubles?

I don't really want to call them explaining my situation because this may trigger them to send the letter quicker then they may do otherwise

[confusedandsad]

Hi all,

My 60 days since my last day of work has come up and I still have not received my curtailment letter.

I have read the policy and it clearly states curtailment will be made 60 days from the date of the decision.

Is there anything else I am supposed to do? Any reporting requirements for the employee? The policy clearly states it's the employer's responsibility to inform the home office of the employees last date.

I am planning on moving back to my home country with my British girlfriend. If I was ever to marry her and apply to come back to the UK under a spouse visa could the fact that I stayed beyond 60days from my last day of employment cause issues at the time I apply for the spouse visa even though I never received the curtailment letter?

I am worried that if I ever apply for the spouse visa at the time it could raise issues that I stayed >60 days from the date of my last day of employment. When applying for the passport they do ask for your employment dates and my p45 will show my last date and they will then see I left the UK >60 days. Am I safe as I never received a curtailment letter?

Why is it so hard to do the right thing in this country? Do they purposely try to make it hard for people trying to abide by the law?

[vinny]

Posts merged.

[Djsuccess]

It is the responsibility of the sponsor to inform UKVI that you have left the company. A curtailment letter might not come if your former employer has not informed the UKVI.
From your side, you don't need to wait for curtailment letter, since you left the job and wanted to go back home. I believe that your future application could be easier if you left the country on you own (as soon as possible) than continuing to stay here waiting for the curtailment letter.

waiting for curtailment letter might not be an excuse for over staying because you willingly resigned from your job. While you can argue that you were waiting for curtailment letter before leaving the country (and you might win such an argument), it might just make next visa application a bit complex.

Having said that, I don't think you will have any issues applying for a spousal visa in the future as long as you meet all the requirements (most importantly the minimum earning )and may be the cooling off period is applicable to you as well.

Hi all,

My 60 days since my last day of work has come up and I still have not received my curtailment letter.

I have read the policy and it clearly states curtailment will be made 60 days from the date of the decision.

Is there anything else I am supposed to do? Any reporting requirements for the employee? The policy clearly states it's the employer's responsibility to inform the home office of the employees last date.

I am planning on moving back to my home country with my British girlfriend. If I was ever to marry her and apply to come back to the UK under a spouse visa could the fact that I stayed beyond 60days from my last day of employment cause issues at the time I apply for the spouse visa even though I never received the curtailment letter?

I am worried that if I ever apply for the spouse visa at the time it could raise issues that I stayed >60 days from the date of my last day of employment. When applying for the passport they do ask for your employment dates and my p45 will show my last date and they will then see I left the UK >60 days. Am I safe as I never received a curtailment letter?

Why is it so hard to do the right thing in this country? Do they purposely try to make it hard for people trying to abide by the law?

[CR001]

Having said that, I don't think you will have any issues applying for a spousal visa in the future as long as you meet all the requirements (most importantly the minimum earning )and may be the cooling off period is applicable to you as well.

There is NO cooling off period applicable if the OP wishes to apply for a spouse visa!

The OP also DOES NOT have to leave the UK to apply for a spouse visa, OP can switch within the UK on FLR(M).

[confusedandsad]

My worry is not getting the spouse visa.

Getting the spouse visa on the European route is easy even if you overstay. As I can just apply for it while in the UK even after overstaying. I heard its easy under european law.

My issue is if I overstay, get on the spouse visa, then in 5 years time when I try to apply for the british passport under British law and it gets rejected because I overstayed >60 days even though I did not receive a curtailment letter.

The policy clearly states your curtailment starts as soon as you receive the letter and it is the sponsor's responsibility to report last day.

So if I leave now on the basis i am overstaying (even though I havent reveived the curtailment) arent I just going on what-if's and assumptions?

[confusedandsad]

For all those who have received curtailment letters, do you remember if they were sent with registered post requiring a signature or does the home office send it via regular mail.

[CR001]

You won't be applying for a spouse visa under the European route, you will only under the UK immigration rules route as your girlfriend is British.

A difficult application to make IF you are an overstayed, which you currently are not.

You are over thinking things.

[confusedandsad]

I forgot to mention my girlfriend has a spanish and british passport.

My concern is that in 5 years time when I apply for the British passport they may reject it as they will see my employment history and a gap > 60 days and potentially reject my passport because of this.

Overstaying is not an issue as I can come via the european route now but eventually when Ill want to get the passport overstaying can cause a problem.

Under the european route you can effectively be an illegal immigrant and marry a European and you can stay. Whereas if you went under british law you would get rejected if you overstayed and its much more expensive - bizarre i know. Or am i looking at this the wrong way

Also, does anyone know if the home office send the curtailment letter with registered/signature required postage?

[confusedandsad]

this is a very interesting article I found

Does it have any truth behind it?

https://donmagsino.com/2015/07/24/how-t ... -received/

[confusedandsad]

Appears there is case law on this

https://asadakhan.wordpress.com/2015/02 ... view-case/

[CR001]

If she is British and Spanish, for immigration purposes in the UK she will only be considered British and you cannot use the EU route for the UK.

No ashes regarding citizenship, you are over thinking. Don't confuse immigration rules with nationality laws, they are separate.

You are not yet an overstayer

[confusedandsad]

She has a spanish passport and she has british citizenship currently, she can apply for her passport next year once her one year is completed.

Is it still ok to come on the european route given my siutaion? The cost of the european is c.65 pounds but the british route is so much more expensive. She wont get her uk passport to next year. Given the cost obviously its preferable I go on the european route.

Also, does anyone know if the curtailment letter is sent by the home office via registered post?

[CR001]

It makes no difference. As soon as she gets british citizenship she can no longer sponsor you under the cheaper EU route anyway.

[confusedandsad]

Are you sure about this?

[confusedandsad]

I can't seem to find this anywhere in policy

[CR001]

eea-route-applications/do-dual-eu-uk-ci ... 28292.html