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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 899
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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60 day period applies only to 5 years route or 10 years

Customer Question

60 day period applies only to 5 years route or 10 years route as well?
-it is clear that you need to switch to another employer within 60 days of employment termination else continutity is broken. [5 years rule]
-But for 10 years, you will have time until you recieve curtailment letter and the date mentioned in the curtailment letter. [Is it right?]
Submitted: 9 months ago.
Category: Immigration Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  frantzgregory replied 9 months ago.

Hello

Please clarify what 10 year rule?

Customer: replied 9 months ago.
10 year Long residence
Expert:  frantzgregory replied 9 months ago.

OK thank you. But I will need the full history and what the issue is because the long residence option is different.

Customer: replied 9 months ago.
Ok, Thank youI am completing my 10 years in UK in October 2018. [Only few months left]I went to India 3 times so far.(Total holidays - outside UK):
1) 30 days
2) 90 days
3) 40 daysRefusal(only once):
Student visa extension application submitted on 20-05-2011 and was refused on 16-06-2011. Refusal letter from home office was received on 24-09-2011 due to postal delay. Notice of appeal lodged on 5th October 2011 and date of hearing of appeal is on 5th of November 2011. But didn't carry on with appeal and withdrawn appeal and got confirmation on 26-10-2011.
Further application(psw) was submitted on 27-10-2011.Visas:
1) Student visa
2) Student extension (Refusal as mentioned above)
3) PSW
4) TIER1 Entrepreneur (3 years and then switched to Tier 2 General)
5) TIER 2 General (3 Months and then switched to another employer)
6) Tier 2 General (At the moment)Current Situation:
My employment is terminated on 5th of September and completing my 60 days after termination by 4th of this month.My Question:
Is my 10 years continuity breaks if i don't switch to another category(Tier 2 General(new employer)/ tier 4 student/FLR(Fp)) by 4th of this month?I know continuity will break if i go by 5 years ting, because you should not be unemployed for more than 60 days.Is the same rule applies to 10 years long residence as well or i can wait for curtailment letter to switch to different category with out breaking continuity?Note: I understand the difference between continuity and overstay but need clarification
Expert:  frantzgregory replied 9 months ago.

OK. Thank you. During the period of the switch, you do not break continuity. The curtailment rule (60 days) still applies.

Customer: replied 9 months ago.
I understood curtailment rule applies to both 5 years and 10 years route.But my question is with 5 years application, case worker counts the unemployed days after the job termination date not the date mentioned on the curtailment letter.With 10 years application, is case worker counts the unemployed days or lawful stay?Because for long residence, my stay should be lawful whatever visa it is.
Expert:  frantzgregory replied 9 months ago.

The curtailment period is regarded as lawful period if you are switching employers.

Customer: replied 9 months ago.
sorry, i know curtailment period is regarded as lawful periodBut my question is i am still waiting for my curtailment letter and i know that it will take 2 to 3 months for home office to send curtailment letter.Expecting my curtailment letter this month as it's nearly 2 months and then they give another 60 days time.If i switch to another employer or category after i receive my curtailment letter, is it still lawful stay for 10 year continuity?
Expert:  frantzgregory replied 9 months ago.

Some times curtailment letters aren't sent. You should not wait for a curtailment letter.

Expert:  frantzgregory replied 9 months ago.

If you know all the answers why are you asking and wasting my time? I have other users to deal with here.

Customer: replied 9 months ago.
but if i get curtailment letter and extra 60 days time?
Expert:  frantzgregory replied 9 months ago.

No. You don't get he extra time.

Expert:  frantzgregory replied 9 months ago.

It starts from when your employer informs the Home office.

Customer: replied 9 months ago.
but many of my friends received curtailment letter after 2 months and gave 60 days time
Expert:  frantzgregory replied 9 months ago.

Good luck.

Customer: replied 9 months ago.
Sorry, still waiting for proper answerAnyway don't want to waste your time
Expert:  frantzgregory replied 9 months ago.

You clearly know more than an immigration lawyer so I will leave you to it.

Customer: replied 9 months ago.
Hi Can you please opt out of the question ?