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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7768
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Assistant: How can I help? I have a question regarding tier

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Hi
Assistant: Hello. How can I help?
Customer: I have a question regarding tier 2 visa
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am an Indian. Had a tier 2 visa which was curtailed. I have a new job offer from UK and have questions regarding that
Assistant: Have you talked to a lawyer about the tier 2 visa?
Customer: not yet
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No when can I start my next job on a tier 2 visa soonest.
Customer: replied 27 days ago.
Hi there- I am still awaiting a response. Thanks

Hi

Thanks for your question. I will try to help.

Where are you please?

Why was your previous visa curtailed please?

Kind regards,

Tom

Customer: replied 27 days ago.
Hi Tom, I quit my job and moved back to India to be with family. Had bereavements in immediate family.

Hi

Did you move back of your own accord once you lost your job?

Did you tell the home office once you had lost your job?

Did the home office take any action to remove you?

Tom

Customer: replied 27 days ago.
Hi Tom, yes my employer informed home office on 17th of September, 2017. I also informed them and even wrote an email to them. Personally didnt hear anything directly from them. I was expecting a notice of visa curtailment from them but did not hear anything. I moved back on the 2nd of december 2017 of my own accord. Till date have not heard anything from them.

Hi

Thanks for your question. I will try to help.

If both you are your employer told them about you leaving you role then I would normally also expect to hear from them, but they are not particularly reliable or efficient.

The gap between when you left your role to leaving on the 02/12/2017 is fairly substantial and I would be much more confident that you would have to no issues if the gap between you leaving your job and then leaving the UK were around a month.

However, if it is the case that you simply did not hear from them about when you should leave the UK and had to take some time to sort out your affairs in the UK before you left, then you might still be able to argue that you left as soon as you possibly could but you will certainly have to cover this point when you apply for your visa. If you were emotionally strained because of the bereavements then it would not hurt to also state this.

Provided that you left your role for personal reasons and not any illegibility or misconduct and you generally observed the immigration rules whilst in the UK then you still stand a reasonable chance of obtaining a new tier 2 visa provided that you explain the gap between when you left you role and when you left the UK.

Obviously, you will have to find a new job and sponsor but provided you do this you can attempt to apply.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 27 days ago.
Hi Tom, just one more query-is the period from 17th September to 2nd December 2017, justifiable?

Hi,

Well, it's borderline basically.

If you did not receive any notice that your visa had been curtailed and that you should leave the UK then this helps your argument, as does any emotional strain that you were under at the time.

Essentially, it's something that you need to address pro-actively in your new application.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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