Tier 2 visa Curtailed

ibimalik · Post by **ibimalik** » Thu May 24, 2018 11:18 am

Hello,

I received a letter from Home Office stating that my Tier 2 visa has been curtailed as my company has not renewed their sponsorship licence and I have been give time until 9th July to either leave UK or make another application.

My Question:
Based on my stay in UK my wife has a Tier 2 dependent visa.

1-Would my visa curtailment effect her visa? Shall I consider that her visa has also been curtailed as well even thought she has not received any letter.

2-When I applied for my Tier 2 visa I use to live at different address and when she applied for her Tier 2 Dependent the address was different. Would they send the letter (if they have) to the address which I used for my application or they will always use the address which was on the application for when she applied.

Your assistance in this matter will be highly appreciated.

Post by **CR001** » Thu May 24, 2018 11:21 am

When did you apply for Tier 2??

uk-tier-1-entrepreneur-visas/maintenanc ... l#p1534329

Both visas will be curtailed as she is unable to remain in the UK if you are not on a valid Tier 2 visa. However, you have the option of finding a sponsor and if her visa has not been curtailed, she can continue on her current visa.

Really important that people update HO and their employers with their most recent current addresses, as you are required to do on the relevant form.

ibimalik · Post by **ibimalik** » Thu May 24, 2018 11:46 am

Hello,

Many thanks for your response.

I applied for Tier 2 visa in 2015 and i had it till 2020 (now curtailed).My wife applied in December last year.

As she has not received a curtailment letter, can she still work?

Regards

Post by **CR001** » Thu May 24, 2018 11:48 am

Curious then that you posted in September last year that you held a Tier 1 Entrepreneur visa

She can still work yes.

ibimalik · Post by **ibimalik** » Thu May 24, 2018 11:54 am

many thanks for your response.

I am asking these questions on behalf of someone who is on Tier 2 and had theses issues and he dont have access to this forum at the moment.

Are you saying that she can work until his curtailment date?

Regards

Post by **CR001** » Thu May 24, 2018 11:57 am

I am asking these questions on behalf of someone who is on Tier 2 and had theses issues and he dont have access to this forum at the moment.

Then please state when you start a topic that you are asking on behalf of someone else. They should register and ask their own question as it is their UK future at stake.

Are you saying that she can work until his curtailment date?

Dependent can work as long as they have a valid visa or until the date in a curtailment letter if they receive one.

ibimalik · Post by **ibimalik** » Thu May 24, 2018 12:15 pm

Hi,
( these queries are for me, please advise until I register here)
You advised earlier that both visa will be curtailed, bit confused here when you said that she can work as long as she has a valid visa or until the date in curtailment letter if she has received one. But as I mentioned earlier, I have received a letter and she has not. can you please advise.

Regards

Post by **CR001** » Thu May 24, 2018 12:35 pm

Perhaps check at the other addresses or all recent addresses first.

As long as she has a valid visa (current or curtailed to x date), she is permitted to work.

Important to note that a PBS Dependent is not able to stay in the UK if the main visa holder has left or their visa has expired.

fielddrive · Post by **fielddrive** » Thu May 24, 2018 12:44 pm

Sorry to hear about your woes.

I am of the understanding that a dependant visa is only valid for as long as the main applicant. A curtailment of the main applicant also means derivatories are also curtailed.

But you should be looking at another employer who be willing to sponsor you or face wrapping up your life here. What line of work are you in?

ibimalik · Post by **ibimalik** » Thu May 24, 2018 12:47 pm

thank you.

can i work until my curtailment date or my employment becomes illegal with the expiry of company's sponsor licence which expired in February this year.

Regards

ibimalik · Post by **ibimalik** » Thu May 24, 2018 12:51 pm

fielddrive wrote: ↑
Thu May 24, 2018 12:44 pm
Sorry to hear about your woes.

I am of the understanding that a dependant visa is only valid for as long as the main applicant. A curtailment of the main applicant also means derivatories are also curtailed.

But you should be looking at another employer who be willing to sponsor you or face wrapping up your life here. What line of work are you in?

Thank you, I work in building maintenance company as an engineer.However, company is in process of getting another sponsorship licence.

Regards

fielddrive · Post by **fielddrive** » Thu May 24, 2018 1:06 pm

This is just my opinion: I do not think you can work with them officially as they were found not compatible with the Tier 2 system, which is why your leave was curtailed in the first place.

Are you thinking of working with your employer until such point that their licence is renewed?

Do you know why the licence was revoked in the first place and what the employer are doing to fix the situation?

ibimalik · Post by **ibimalik** » Thu May 24, 2018 1:59 pm

fielddrive wrote: ↑
Thu May 24, 2018 1:06 pm
This is just my opinion: I do not think you can work with them officially as they were found not compatible with the Tier 2 system, which is why your leave was curtailed in the first place.

Are you thinking of working with your employer until such point that their licence is renewed?

Do you know why the licence was revoked in the first place and what the employer are doing to fix the situation?

I am not working at the moment, i am waiting for my company to re register for a sponsorship and i will apply again for tier 2 visa. company is in process of getting their licence again as their licence expired

fielddrive · Post by **fielddrive** » Thu May 24, 2018 2:02 pm

Good luck and keep us posted with the progress!

ibimalik · Post by **ibimalik** » Thu May 24, 2018 2:02 pm

fielddrive wrote: ↑
Thu May 24, 2018 2:02 pm
Good luck and keep us posted with the progress!

will do and thank you

ibimalik · Post by **ibimalik** » Mon Jun 04, 2018 3:47 pm

Hi,

A solicitor is working my case now, he has advertised my job. 28 days period will finish on 14 June and he will then apply for a licence.

My question is can we not apply for a licence before RLMT?
Do we have to wait for 28 days to finish and then apply for a licence?

Regards

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 3:27 pm

Dear Members,

I was on Tier 2 visa and it has been curtailed as company sponsorship licence expired and they forgot to renew it. A solicitor has applied for a new licence last week and we are just waiting for the decision. Because of the curtailment my wife's visa has also been curtailed which means if we get the licence we both have to apply again.

As we both have time till 9th july 2018 to make a new application, my question is, if by any chance we dont get licence on time, can my wife apply for Tier 4 visa and can i become her dependent. I can't apply for Tier 4 as I have already been on it and i just need another year for my ILR. lets say if sge gets Tier 4 visa and I become her dependent, will it break my 10 year continuity?

Please advise.

Kind Regards

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 3:41 pm

Hi CR001,

I have made my own ID now.

Can you please advise on my query.

Kind Regards

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 3:51 pm

Hi CR001,

Yes thats correct, at that time I did not have my ID so he asked the questions on my behalf, on which you advised that i shall make my own ID and ask questions. Now I have made my own ID as I can't be asking him every time I need information. Also the question I asked above is different from the one asked by ibimalik (on my behalf). I hope this is understandable

.

Kind Regards

Post by **CR001** » Wed Jun 20, 2018 3:53 pm

Topics merged to avoid duplicate questions being asked and members who wish to offer advice can see what has already been advised.

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 4:26 pm

Hi CR001,

Thank You,

Can you please advise if I can become a Tier 4 dependent and will it effect my continuity.

Regards

Post by **CR001** » Wed Jun 20, 2018 4:33 pm

Your spouse has to apply for a tier 4 visa outside the UK and to be honest, you don't really have enough time.

You can apply as a dependent but you are running out of time and would need to leave the UK by the end of your curtailment period.

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 9:47 pm

Can anyone please advise.

Regards

Naz_90 · Post by **Naz_90** » Wed Jun 20, 2018 9:48 pm

Thank You CR001

Naz_90 · Post by **Naz_90** » Fri Aug 03, 2018 9:08 am

Hello @CR001,

My company applied for a new sponsorship licence after the old one expired, HO attended last month to carry out their checks and last week they decided to refuse the application of granting licence. In the mean time I have applied for FLR(HO) application to gain more time and sent my wife back home. Now i am trying to bring her back here on Tier 4 (general) visa by getting her admission in the Uni.

My Question: As my Tier 2 leave was curtailed to 9th July 2018 and no I have applied for FLR(HO) application, can I become my wife's dependent if she gets the Tier 4 visa in time by varying the application (applying for Tier 4 Dependent and withdrawing FLR (HO) application)????

I am really desperate and i need some one to help on this matter, as i need only 1 more year to apply for ILR.

Kindest Regards

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