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Visa curtailment - Right to Work

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Good times
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Joined: Mon May 27, 2013 2:21 am

Visa curtailment - Right to Work

Post by Good times » Mon May 27, 2013 2:41 am

I would appreciate any information on the below questions.

Currently on Unmarried partner visa (from tier 5 youth mobility) with a British citizen. Have lived in UK for 3 years. I have no roughly a year left on my visa.

I recently spoke with my employer regarding the possibility of sponsorship as my the relationship between my partner and i was disintegrating. My employer has denied the opportunity to sponsor (too costly) and informed the ukba that my relationship has broken down (last bit was some foreshadowing on their part because it ended breaking down afterwards.)

I intend on informing the UKBA myself in the next business day, however I have a few questions as I'm certain I'll be curtailed.

1. What is the expected turnaround time for a reply from ukba regarding curtailment?
2. Will I be notified of the decision on whether or not to curtail my visa?
3. Should I be curtailed to standard 28 days, at what point do I have to cease working? Is it upon receipt of letter or at the end of what's stated on curtailment letter?
4. Do I have to leave by the curtailment date or do I count as a visitor for a certain period of time?

I appreciate any replies to the above as I'm having significant issues locating the answers.

I have no intentions on wasting everyone's time with an appeal however a summary 28 days to leave after 3 years in country is a disproportionately small amount of time to sort affairs. I'm not intending sound like a whiner but a typical person would have significant commitments after 3 years and 28 days just seems unnecessarily harsh. Something alongs the lines of 60-90 is doable and more fair.

Once again, any help would be appreciated.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon May 27, 2013 3:00 am

See also links in Finished the course early and unaware of 60 day rule.

You should cease working if/when you become an overstayer.
You should leave within 90 days from when you become an overstayer. Else, you will be banned for at least a year.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Good times
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Posts: 2
Joined: Mon May 27, 2013 2:21 am

Post by Good times » Wed May 29, 2013 12:29 am

vinny wrote:See also links in Finished the course early and unaware of 60 day rule.

You should cease working if/when you become an overstayer.
You should leave within 90 days from when you become an overstayer. Else, you will be banned for at least a year.
Thank you very much for the quick reply.
Quite a bit said but with no a lot said.

Your post seemed to indicate there is a chance I may not become an overstayer. Is this referring to.me leaving beforehand or is there a chance I will not be curtailed?

I appreciate that this would be an opinion but any speculation is helpful.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed May 29, 2013 1:16 am

Curtailment is discretionary.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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