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26 Jun What are the options if your Tier 2 visa is revoked?

Posted on June 26, 2019 in Working in the UK by
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The Home Office might send you a letter to inform that your right to stay in the UK will be curtailed if you are a Tier 2 (General) migrant.

In which circumstances the Home Office will curtail your leave in the UK?

The Home Office will curtail your leave in the following circumstances:

  • If you fail to start working for your sponsor; or
  • If you cease to be employed by your sponsor.

Please note that the Home Office can also revoke the Tier 2 migrant’s leave with immediate effect if the sponsor’s licence has been withdrawn.

What are your options if your Tier 2 (G) leave has been curtailed?

If a Tier 2 (G) migrant’s leave has been curtailed, he/she normally has 60 days to voluntarily leave the UK, or make an application to remain in the UK, for instance, if the migrant is able to make a further application for leave in a different category or with a different Tier 2 sponsor.

If a Tier 2 holder does not make a successful application to vary his/her leave, they will be expected to leave the UK and will be subject to the appropriate enforcement action when failing to do so.

In addition, a Tier 2 migrant will be notified in writing of the immigration decision to restrict the duration of his/her leave.

In relation to Tier 2 status, if the migrant wishes to continue working in the UK, he/she will need to seek and receive sponsorship from another employer. The migrant has to apply for a job and the latter must meet the requirements for Tier 2 leave, for instance, does the new job meet the appropriate salary requirement? Is the Standard Occupational Classification (SOC) code appropriate? Does the vacancy meet the resident labour market test requirement? Alternatively, the migrant might be eligible to remain in the UK under a different visa scheme in line with the Immigration Rules, for example, if the migrant applies for a leave under Appendix FM.

If you have any questions regarding to your Tier 2 (General) visa, please do not hesitate to contact us.

Contact Our Immigration Team

For expert advice regarding any aspect of the Tier 2 (G) visa application, please contact our immigration team on 0203 384 3075 or contact us here.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.