Many Tier 2 sponsored workers have concerns regarding the exact steps to be taken should their employment under Tier 2 Sponsorship cease earlier than expected.
In the first instance your UK sponsor is required to notify UK Visas and Immigration (UKVI) that employment has ceased or terminated. This must be reported to UKVI via the Sponsor Management System (SMS) and within a limited specified period as outlined in the Guidance for Sponsors.
The SMS notification triggers the UKVI Curtailments Team to process the curtailment of your Tier 2 Visa – this means reducing the amount of time you can remain in the UK. As soon as this has been processed the Curtailment Team will arrange for you to be contacted, this could be by a third party acting on behalf of the UKVI, and will advise of the date your visa is being curtailed (reduced) to, along with instructions of any immediate action required by you.
The exact date that a visa will be curtailed to cannot be determined with certainty, as this is very much dependant on the reasons for the early termination of the sponsorship and also the amount of time remaining on your current Tier 2 visa, however guidance indicates that this is likely to be “60 days starting from the date the decision to curtail leave is made; or with immediate effect, if the sponsor’s licence was withdrawn and UKVI consider that you were complicit in the actions that resulted in the licence being withdrawn”.
In some circumstances, it is possible for you to apply to UKVI to remain in the UK in an alternative visa category, or even under the Tier 2 Criteria where you have found alternative sponsorship. Migrants (and their dependants) whose sponsorship has been withdrawn should act as quickly as possible to submit an application for Leave to Remain if they intend to stay in the UK.
You must make a successful application to vary your leave and/or your sponsor within the 60 days following curtailment, failure to do so could severely affect any claim to settlement in the UK and may result in you being subject to appropriate enforcement and removal action by UKVI.
Our specialist team at Newland Chase can provide full guidance to sponsors and Tier 2 workers on all aspects of Sponsorship and the Points Based System.
Should you require assistance and advice please contact us.