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After receiving curtailment letter, Extension or New Visa ?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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vx7
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After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Wed Oct 17, 2018 6:10 pm

Hello folks,

I am very depressed at the moment and your help will be highly appreciated.

I had resigned from my previous employer and received a curtailment letter today from UKVI. I have an offer from a NEW company and they have applied for a CoS. Now I have the following questions

1. For my next visa should I apply for extension of my current visa or apply for a new one? (Already received the curtailment letter)
2. Will the new minimum salary band (50K and in some cases 60K of annual salary) apply to me or I can get a visa on a 35K salary? (I am applying from within the UK)

Any help in this regard will be highly appreciated :/

Thanks in advance.

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CR001
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by CR001 » Wed Oct 17, 2018 6:25 pm

1. New visa with new sponsor.

2. Why do you think the salary level is 50k to 60k?? Where Exactly does it state this???

What is the SOC foe the new job??
Char (CR001 not Casa)
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vx7
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Wed Oct 17, 2018 6:52 pm

@CR001,

Thanks for the quick reply.

I think my SOC is "2137 Web design and development professionals". On the UKVI website it states that the minimum salary should be £24,000 . But I read in some article online that the cap is being increased. Not too sure if it applies to my SOC. May be you can shed some light on it.

Also, when I try to apply for new Tier 2 Visa online (https://visas-immigration.service.gov.u ... type/tier2), it says, I cannot apply for a new Tier 2 visa from within the UK :(

I have no clue if I can apply for a new visa from within the UK or not :(

Thanks in advance for all the help!

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Re: After receiving curtailment letter, Extension or New Visa ?

Post by CR001 » Wed Oct 17, 2018 7:00 pm

I think my SOC is "2137 Web design and development professionals". On the UKVI website it states that the minimum salary should be £24,000 . But I read in some article online that the cap is being increased. Not too sure if it applies to my SOC. May be you can shed some light on it.
There is no cap of £50k / £60k. You need to earn either £30k or what is stated in the SOC, whichever is HIGHER. Has the new sponsor completed the full and proper RLMT before offering you the job??
Also, when I try to apply for new Tier 2 Visa online (https://visas-immigration.service.gov.u ... type/tier2), it says, I cannot apply for a new Tier 2 visa from within the UK :(
If you change your job

You may need to make a new Tier 2 (General) visa application if:

you want to change your job and your new job is with a different employer
your job changes to a different standard occupation classification (SOC) code, and you’re not in a graduate training programme
you leave a job that’s on the shortage occupation list for a job that isn’t on the list
Char (CR001 not Casa)
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vx7
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Wed Oct 17, 2018 7:04 pm

Yes, they have done a RLMT, whether it was proper or not is something I do not have any idea about. They did apply for a CoS last month and it was rejected :( I do not know the reasons for this. I hope it was not something to do with me.

They have applied for a new CoS which the HR said will take another month to get a decision on :(

I made such a huge mistake of resigning my previous job before getting my Visa for the next job :(

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Re: After receiving curtailment letter, Extension or New Visa ?

Post by CR001 » Wed Oct 17, 2018 7:16 pm

Not sure why they believe a UCoS takes a month to get a decision. If they have UCoS available, it can be issued/assigned almost immediately. Unless they now have to redo the RLMT due to this being the reason the last UCoS was rejected.

Note that you do NOT want a Restricted CoS, as this is ONLY for applying outside the UK and it is restricted CoS that goes into the monthly allocation meetings on the 11th of each month.
I made such a huge mistake of resigning my previous job before getting my Visa for the next job
Yes, it was a mistake. We always advised members not to do this. Getting the CoS is only one step, you still have to apply for the visa and it can still be refused for whatever reason.
Char (CR001 not Casa)
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vx7
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Wed Oct 17, 2018 7:29 pm

The HR mentioned to me that the decision will be taken on 12th next month. So this kind of implies that they are applying for a Restricted CoS. I will cross check with them.

But isn't Unrestricted CoS only applicable for Switching or Extending a Visa?

Sorry for bothering you with so many questions :(

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Re: After receiving curtailment letter, Extension or New Visa ?

Post by CR001 » Wed Oct 17, 2018 7:40 pm

UCoS is for applications within the UK.

Restricted CoS is for applications outside the UK, at the monthly allocation meeting.
Char (CR001 not Casa)
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vx7
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Wed Oct 17, 2018 7:53 pm

Thank you so so much for this. I will reach out to my employer and let them know.

This whole Visa process is so confusing ! And its great we have your support. Thanks a lot again :)

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Re: After receiving curtailment letter, Extension or New Visa ?

Post by CR001 » Wed Oct 17, 2018 7:54 pm

You're welcome. Ask if you have any further queries.

Good luck.
Char (CR001 not Casa)
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Sat Oct 20, 2018 1:10 pm

Hello all :)

I got my UCoS yesterday. And now I need to apply for my Visa.
However, I am confused about how to go about it.

1. According to previous answer given by CR001, I tried to make a new visa application. However, I cannot apply for a new Visa from within the UK. According to the guidelines on Gov.uk one can only Extend or Switch visas within the UK.
https://www.gov.uk/tier-2-general/apply

2. I called up the UKVI and got conflicting answers from 2 customer support personnel. One of them told me I should switch to Tier 2 Visa from my previous Tier 2 Visa since my visa is already curtailed. Another one of them told me that I should choose to extend my visa. However, according to online visa aplication service ( https://www.gov.uk/tier-2-general/switch-to-this-visa and https://www.gov.uk/tier-2-general/extend-your-visa) I am not eligible to either switch or extend. I have no idea how to go about this.

Has any applied for a Tier 2 Visa from within the UK after their visa was curtailed? If so, what did you guys do? New application, Extend or Switch ?

Any help in this regard will be highly appreciated.
Thanks in advance :)

vx7
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Re: After receiving curtailment letter, Extension or New Visa ?

Post by vx7 » Mon Nov 12, 2018 9:59 pm

Hello all,

I am writing this reply to clarify what happened in my case.

1. Even after you have received a curtailment letter, you will still have to apply for Extension of Visa and not a new one. I did the same and got my Visa approved last week :)

2. You cannot apply for a new Tier 2 Visa if you are applying from within the UK.

Hope it helps others who might be in a similar situation :)

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