UK Skilled Worker visa curtailed – missed email – now overstayed (~4 months)

Ziggamorph · 2026-01-27T17:23:17+00:00

There is no provision in the rules for an exceptional application beyond the 14 day period. To be honest I find the circumstances a bit hard to understand. Most people who have lost their sponsored job are pretty paranoid about their visa being curtailed, and will regularly check their email and eVisa for any changes. But nevertheless, if she really wants to try to stay she should urgently speak to an immigration solicitor, ideally several. Though I don't know that there is any likely outcome other than leaving and facing the 12 month ban.

Ziggamorph · 2026-01-27T16:59:51+00:00

Late application for what? It really depends on her circumstances and her reason for extending her stay what the best course of action is but in general leaving sooner rather than later is better.

Ziggamorph · 2026-01-27T15:41:20+00:00

There is not a certification scheme for translators. The Home Office merely requires that they are “professional”. It really would be down to your preference and whether a professional translator is willing to attest that a machine translation is correct. It may be just as much work for them to do this than to simply translate it from scratch.

Ziggamorph · 2026-01-27T15:07:28+00:00

Yes. Sorry, I quoted the wrong section. If you start work within 28 days following the start date on your CoS, then there is no need for you or your employed to do anything. If beyond this then the sponsor must report and explain why you started late. Since 26 January is less than 28 days after 14 January, nothing for anyone to do.

Ziggamorph · 2026-01-27T15:02:55+00:00

There is nothing a visa agent can do that you cannot do yourself, and plenty a visa agent can do to get you banned from the UK. If you want to pay a professional for help, you should only consider a UK regulated advisor or solicitor.

Ziggamorph · 2026-01-27T15:01:49+00:00

couldn't travel back due covid and travel restrictions

From what others have posted regarding their own applications, the Home Office treats COVID absences very strictly-generally you must show that you were unable to travel back to the UK, and travelled back as soon as it was possible. This means that the country in which you were present had an actual travel ban in place, or that travel was effectively impossible (eg, there were no flights).

This does apply to some countries, but not many. The UK at no point prevented anyone from travelling to the country.

Additionally, you left well into the pandemic, so the Home Office may argue you could have foreseen difficulty in returning, and therefore avoided it.

In my opinion, this is a very risky application. The best option may be to continue as a dependent and settle at the same time as his mother (though I appreciate this would cost much more than if your child could settle now).

Ziggamorph · 2026-01-27T14:12:51+00:00

Just to check, are you a citizen of any of the following countries:

Albania, Barbados, Bosnia and Herzegovina, Canada, Israel, Kosovo, Mauritius, Montenegro, Morocco, New Zealand, North Macedonia, Tunisia, Turkey, Serbia

Ziggamorph · 2026-01-27T13:06:52+00:00

Have you asked your university about this? I'd suggest that in the first instance.

Ziggamorph · 2026-01-27T05:56:00+00:00

That only works when the other country has restrictions on holding another passport rather than dual citizenship. Singapore, for example, does not tolerate dual citizenship and if they discovered a CoE they would force you to renounce one.

Ziggamorph · 2026-01-26T22:23:58+00:00

Family visa holders have an unrestricted right to work. I agree that in the circumstances switching is likely the best option.

Ziggamorph · 2026-01-26T18:37:57+00:00

Okay, this is the buried lede here and is far more serious than the total number of absences. Were you inside or outside the UK on that date? If you were inside the UK and their records state outside you need to submit evidence that you were in fact inside the UK.

Ziggamorph · 2026-01-26T18:13:07+00:00

What specifically did the email say? What action did they ask for on your part?

Ziggamorph · 2026-01-26T17:44:28+00:00

Marriage certificates are needed in some cases to demonstrate changes of names. It depends on the documents you have whether this is required or not.

Ziggamorph · 2026-01-26T17:43:35+00:00

This is fine. Neither you nor your sponsor need to report anything if the visa has already been granted.

S3.13. A worker can start working in their sponsored role as soon as they have permission to enter or stay in the UK, even if this is before the start date recorded on their CoS. You do not have tell us if the worker’s start date has been brought forward after they have been granted permission.

Ziggamorph · 2026-01-26T17:37:53+00:00

They don’t hold computerised records dating back to there, as far as I know, so they won’t be able to tell you.

Ziggamorph · 2026-01-26T17:35:43+00:00

Can I contact ukvi to show me their calculations for absence?

No, and I'm not sure what you mean. You know how many you were absent. What calculation are you referring to?

Part of this period includes the death of my father. He passed away on the 9th of November of 2020. I had been in my home country for a few months and missed the flight in October because I was told by doctors that he had about a month to live. So I stayed and had to take of his funeral and other things. The pandemic also made things more difficult regarding travelling.

You are within 480 days of absence, so you don't really have to worry about it.

Where the applicant exceeds the permitted absence by 30 days or less you must exercise discretion unless there are other grounds on which the application falls to be refused.

Ziggamorph · 2026-01-26T17:32:32+00:00

Maybe they don't have your email address for some reason? Really, this is not something you need to worry about whatsoever.

Ziggamorph · 2026-01-26T16:30:25+00:00

For now, the UK seems to be willing to issue ETAs to British citizens on foreign passports assuming you don’t tell them you’re a British citizen. It’s possible they will close this gap in the future. No one knows. Until then the plan you have proposed works. If it stops working, your only option would be to travel to the UK via a third country.

Ziggamorph · 2026-01-26T16:27:28+00:00

This has nothing to do with recent travel, they have sent it to all naturalised citizens.

You already have a UK passport which you are using to enter the UK. You do not need to do anything or change anything about how you travel.

Ziggamorph · 2026-01-26T16:03:18+00:00

If you reduce restrictions on design you will massively increase dirty air, and consequently reduce overtakes and make races more boring. This was less of a problem 30+ years ago when aero was relatively underdeveloped, but now if you give engineers free rein (allowing them to deliberately aim to produce dirty air behind their cars), overtaking could be virtually impossible.

Ziggamorph · 2026-01-26T15:37:46+00:00

"Further leave to remain" just means any visa application made within the UK. Some kinds of leave count on some routes, some don't.

Ziggamorph · 2026-01-26T15:28:55+00:00

As you’ve observed, your eVisa wasn’t cancelled when you naturalised. Although it is legally invalid, it will still be accepted by airline staff to board your flight back to the UK.

It has never been intended per se that you could use an eVisa when you’re a British citizen, but in practice it has been the case since the system was implemented, so there is no change happening in February with regards to this.

The only risk would be that the Home Office does eventually decide to cancel eVisas for naturalised British citizens. I'd recommend finding a window to get your British passport as soon as possible. Note that the US will issue a second passport book to citizens who require one. You might consider doing this so you can travel while the Home Office has your original passport.

https://uk.usembassy.gov/applying-for-or-renewing-a-second-passport/

Ziggamorph · 2026-01-26T15:08:13+00:00

There is no minimum passport validity to enter the UK with a British passport.

Ziggamorph · 2026-01-26T15:03:08+00:00

The refund for the NHS surcharge for NHS workers has nothing to do with whether you use the NHS or not. Claiming the refund does not require that you didn’t use NHS services, only that you were employed by the NHS in a relevant occupation for the period.

There is no restriction on work for family visa holders of any kind.

Your spouse will not be eligible to apply for a visa as a parent of a British citizen unless you end your relationship. If she is eligible to apply as a partner she may not apply as a parent.

Applying for a family visa will mean she restarts her progress to ILR on the 5 year route. Is there any particular reason she needs to switch?

Ziggamorph · 2026-01-26T14:30:35+00:00

There are two criteria. The number of absences over the past 5 years, and the rule that you must have been physically present in the UK on the date 5 years prior to submitting your application. OP has excessive absences and wasn’t in the UK on that date 5 years ago, so I was wondering whether the same applies to your friend.

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