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Topic: Tier 2 Visa termination - Visitor visa travel questions.  (Read 2732 times)

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Tier 2 Visa termination - Visitor visa travel questions.
« on: March 29, 2017, 01:23:19 PM »
Good afternoon!

My US girlfriend's employer is closing down their London department, rendering her with a termination of her Tier 2 visa. Last day of her notice period is in the end of March, so her 60 day limitation will bring her up to the end of May (exact date subject to when the decision to curtail leave is made by UKVI Curtailment Team).

She is applying for grad school which may allow her to get a Tier 4 visa (from September-ish). In the meantime the plan is to travel around the UK, Europe and visit the States.

We have booked tickets to go to a Schengen zone country for a week in mid April. This is obviously during the 60 day curtailment. We have been told by some not to travel during this period.

Questions:
- Would she be able to travel back on her Tier 2 (during 60 day curtailment period) if she proves she has a ticket out of the UK before the end of May?

- Another idea was that if she were to leave (for the holiday in April) she could then return on a Visitor Visa. Is there a way to ensure this status?

- I gather there isn't a way for US passport holders to apply for Visitor Visas as they don't require one. Would one need to travel back into the UK after the curtailment period to be considered a visitor?

Do people have experience with visa runs?

In terms of documentation to assist in proving she is just visiting friends and not seeking employment etc:
- passport
- bank statement showing sufficient funds to support oneself
- flight ticket out of the UK (a couple of weeks later)
--- would it suffice to have a ticket to EU or would it have to be to the US?
- proof of termination of employment (?)
Would she need anything else for reentry into to the UK?

Thank you kindly in advance for any input.


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #1 on: March 29, 2017, 01:55:30 PM »
She is applying for grad school which may allow her to get a Tier 4 visa (from September-ish).

This is reading like she will have to apply for a Tier 4 visa from her home country anyway as she won't have a valid visa? Visitors also can't aplly for visas from within the UK. Have a read
https://www.gov.uk/tier-4-general-visa/apply

Questions:
- Would she be able to travel back on her Tier 2 (during 60 day curtailment period) if she proves she has a ticket out of the UK before the end of May?

The curtailement letter will give her 60 days maximum to leave the UK or make a valid application for another visa during that time. If she leaves the UK during that time as required, then I'm not sure how she can then return on a visa that is curtailed?


- Another idea was that if she were to leave (for the holiday in April) she could then return on a Visitor Visa. Is there a way to ensure this status?

No way to ensure that when she turns up at the border.

- I gather there isn't a way for US passport holders to apply for Visitor Visas as they don't require one.

Yes, she can. The US is one of the countries that the UK allows non-visa travel for visiting and these can ask for entry at the border, but they can still apply for a visitor visa if they wish to.

Or she can take her chance at the border, but she must show strong ties to the US to show she will return home. With a curtailed work visa, a boyfriend in the UK, no job in the US, that might be hard to do.

Do people have experience with visa runs?
In terms of documentation to assist in proving she is just visiting friends and not seeking employment etc:

The thing is that she could seek employment from now to her visa curtailment date, if she doesn't leave the UK. Has she looked to see if she can find another work sponsor? That employer would need to carry out another RLMT.

« Last Edit: March 29, 2017, 01:57:49 PM by Sirius »


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #2 on: March 29, 2017, 02:00:00 PM »
As you've been told, it will be VERY risky for her to travel during the curtailment period.  I personally wouldn't do it. 

She can't re-enter on her Tier 2 as it'll no longer be valid.  And if she lies and pretends it is, well, that could set her up for a deception charge with up to a 10 year ban from the UK.

She could attempt to re-enter as a visitor.  To do so, she would need to prove that she is in fact a tourist and not trying to live in the UK to bridge the gap between visas.  The only way to ensure she would be successful with this route would be to apply for a visa in advance - which she absolutely CAN do.  However, she needs to apply from the USA.

What she will need to be successful in a visitor visa application:
- return flight booked to the US
- proof of a job to return to in the US (letter from employer granting leave and date required back at work)
- proof of a home that she will be maintaining in the US (lease or mortgage)
- sufficient funds in her bank account to support her trip

Those are the main bits.  She may be fine and have no issue at the border, but being that her Tier 2 is no longer valid, she will be open to more scrutiny.

Have you two lived together for a minimum of two years?  Or have you considered marriage?  I know that no one wants to go down that route because of immigration, but sometimes...   ;D

x-posted with Sirius


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #3 on: March 29, 2017, 02:23:00 PM »
My US girlfriend's employer is closing down their London department, rendering her with a termination of her Tier 2 visa.

If this is a Tier 2 ICT visa, then forget what I said about looking for another employer as that is for those who have a curtailed Tier 2 General visa; unless her ICT visa was issued before 6 April 2011(?).


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #4 on: March 29, 2017, 02:54:27 PM »
If this is a Tier 2 ICT visa, then forget what I said about looking for another employer as that is for those who have a curtailed Tier 2 General visa; unless her ICT visa was issued before 6 April 2011(?).

In which case, she'd have ILR... wouldn't she?


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #5 on: March 29, 2017, 06:52:19 PM »
In which case, she'd have ILR... wouldn't she?

No, because the ICT visa no longer led to settlement for applications after 6 April 2010(?)

Then they gave those who put in for application the following year (April to April), the chance to switch to the Tier 2 General in county, but their 5 years to ILR started again (unless they could make the 10 years of legal stay on the ICT).

I'm not sure of the years that all started, 2010 or 2011?

After that there was no switiching from ICT to General as they need a 12 month cooling off period outside the UK.

Plus they kept raising the standard of these work visas over these years and are again next month.



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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #6 on: March 29, 2017, 06:55:28 PM »
No, because the ICT visa no longer led to settlement for applications after 6 April 2010(?)

Then they gave those who put in for application the following year (April to April), the chance to switch to the Tier 2 General in county, but their 5 years to ILR started again (unless they could make the 10 years of legal stay on the ICT).

I'm not sure of the years that all started, 2010 or 2011?

After that there was no switiching from ICT to General as they need a 12 month cooling off period outside the UK.

Plus they kept raising the standard of these work visas over these years and are again next month.

Ah yes, you are right.  It was 2010 not 2011.


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Re: Tier 2 Visa termination - Visitor visa travel questions.
« Reply #7 on: March 29, 2017, 07:11:01 PM »
Ah yes, you are right.  It was 2010 not 2011.

Then it must have been applications between 6 April 2010 and 5 April 2011 that could switch to Tier 2 General without the 12 month cooling off period outside the UK, or they could try to hang on for 10 years of legal stay for ILR if their sponsor agreed. After that, the time limits came in.

We got there in the end ;D


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