Tier 2 General candidate on Immigration bail

[satyatellakula]

Hi All,

Could you please help me on the below query.

Currently i am on Tier 2 General Visa, I have entered into the UK on 24-07-2016 and working till to date.

My employer has sent the message/sms to Home Office ( SMS - Sponsorship Management System) of my visa cancellation/withdraw the cos in October 2018 without having any background knowledge that i am still working for them.

Later my employer realised that still am working for the company and they have sent second message/sms to home office stating that withdraw the previous request which was cancellation of visa on October 2018.

I am not aware of these both messages one is cancellation and another one about the withdrawal of cancellation by my employer.

I went to India on 30-Mar-2019 and have finished my vacation returning back to UK on 08-May-2019. In the Airport i got shocked that immigration officers told that my visa has been cancelled by employer. I had a discussions with immigration officers that i worked till March 2019 and paying tax to HMRC and we have been waited 6 hours in airport.

Later immigration officers has been discussed internally and they have been granted Immigration bail to my self, wife and daughter to allow inside of country. we have been told by them that myself and my wife are not suppose to work until Home Office declare the decision on this case. My wife has informed their office about the current situation and they have asked her to resign from the employment. Now we both are job less in the country.

As i understand here Home Office has responded on my employer first request and they have n't read or respond on second request which was withdraw the first request.

Could you please advice us to overcome this issue and reinstate of my current work permit visa. Please let me know if any additional information required to advice us on this.

Thanks in Advance.

Regards
Satya

[Frontier Mole]

When was the second request made and how was it made?

Once a Sponsor withdraws Sponsorship then that is the end of the matter really. Trying to cancel that action is not readily going to happen or worse still once the curtailment action takes place the cancellation is all too late anyway. Once SMS is set to Sponsorship withdrawal then any attempts to use SMS to update it are pointless.

The question is what action did your sponsor take to advise the Home Office of their mistake? The other issue is how can your Sponsor make that type of mistake and it suggests they do not have appropriate systems in place to meet their sponsorship duties.

It will take a fair bit of effort to resolve this issue and I fully expect it to be months to do so too.

[satyatellakula]

Thanks for your reply and completely agree with you.

Second request also made on the same day.

In this case i have not received the any curtailment letter from Home Office about visa cancellation. Due to the same am and my employer not aware of the cancellation of my visa and run the payroll and paid the taxes till April-30-2019.

[Frontier Mole]

If the digital embarkation information showed you were outside the country at the point the curtailment was considered by the Home Office there would be no letter. Looks like you hit the point where when they checked it showed you were not in the UK. Instant curtailment at that point and hence on your return your visa was showing as cancelled.

It will be possible in time to resolve the issue and obviously your Sponsor should be informing the Home Office of their mistake and picking up the costs too.

One a Sponsor hits the no longer sponsoring for whatever reason protocol the SMS system auto updates and the curtailment process begins. Entering notes on the SMS note field thereafter amounts to nothing because once the withdrawal is triggered the COS is no longer examined. There is no need as the information it contains is essentially of no use and is no longer valid.

[satyatellakula]

I was in UK till 29 March 2019 till that time also i have n't received the curtailment letter. I went to India on 29 March 2019 and returned back to 08 May 2019.

Is it possible to cancel the visa without curtailment letter issued. if not how we can context this to home office stating that i have not received the curtailment letter so that could you please issue the curtailment letter.

Please advice me on the same.

[Frontier Mole]

See above - if you are out of the UK when your case is considered and Home Office checks show you have left the UK then there is no letter. The curtailment is instant and there is nothing to appeal against.
I am guessing but I believe this is what happened in your case.

[Frontier Mole]

You will no doubt have been given a date to return to the airport with the expectation that you will depart for your home country.

Usually a period of about of up to 3/4 weeks is allowed to give you and your family the time to sort out your exit in an orderly fashion. Less time if you are single or have no kids.

What is your Sponsor doing about this? They should be dealing with it as without them clarifying things and pushing hard then regardless of what action you do it is meaningless.

Please be aware you are not considered for immigration purposes as being legally in the country at this time. You have been given temporary admission and that does not come with an in country right of appeal. Looking to appeal the curtailment is not actually an option.

The only way forward is for the Home Office to revoke their own curtailment and that can only be achieved through your Sponsors intervention. Hence the question above.