Unauthorised Absence T2 General

Hello !
I am on a tier 2 general WP and have been out of UK for a month on vacation. Towards the end of my vacation my passport and visa got damaged and hence had to wait for another month out of UK until i got my duplicate passport. Now i come to know thru employer that my visa is cancelled because of "Unauthorized Absence".

Can someone suggest me how i could obtain/revoke my visa since mine is an unexpected contingency and have the evidence to prove the reason for delay.

Else whats the next best alternative to reach UK.

Thanks in advance.

Your sponsor can terminate your sponsorship for any number of reasons. Wither the reasons are legal I will leave that to the employment gurus.
Essentially if your sponsor has informed UKVI that you have not attended at work and are classed as absent without leave your visa will be curtailed.
If you are out of the country at that point a double issue araises - the one year cooling off period before you can return under tier 2.

So your current position is pretty poor, if you return your visa will show as cancelled and you will be returned home.
You could come back as a student but it is very unlikely you would be deemed a genuine student given your last visa was tier 2 and the history leading to your curtailment.

A visitor visa to enable you to tidy up your affairs might be an option but if you can not show sufficient ties to your home country that will be a struggle.

I am guessing your employer was not that bothered about losing you, or is there some other issues? It would seem harsh to terminate your employment for the stated reason. I think there is more than the story your giving. Another question - anyone who damages their passport normally can get a new one pretty quickly. It is no more than an exchange of documents. So why did it take so long?

Thanks Frontiermole for your candid opinion.
Theres`nt much story between the employer and I than mentioned earlier.

Employer has not terminated my visa. I was asked to send across the details of my vacation and the copies of my damaged passport and visa because he had to submit those details as part of a UKBA audit. Three weeks hence he called up to inform the employer portal is updated with "Unauthorized absence" status against my case.

Mine is a Tier 2 general visa so wondering if cooling off period applies to this category too.

you were right in saying that student option doesn't sound legitimate at this level n experience.

Could u pls elaborate a bit more on visit visa option because there's barely anything I'm able to seek from here with no proper response or points of contact from vfs or dy.high commission.

I can not talk about my employer's interest in my case cos he was the one who qualified me and sponsored my visa. He also suggested that i could re apply again in 3 months time thru the same company again. but i have no written evidence neither from from employer nor vfs or web to back this possibility.

My travel got delayed because although i got my passport back in considerable time my employer asked me to wait until we get an opinion based on the audit submission to apply for duplicate visa stamp.

just want to know your opinion if it would be the employer or the UKBA that must've taken the decision to cancel my visa.

Thanks for your response.

There is one massive assumption being made here - your visa has been curtailed. Until you can verify that information you are just guessing about your position.
If it has been curtailed your are in the cooling off period as it applies to T2 Gen as well.
The information from your company and what you have described is nonsense. If they reported you to UKVI then they should say. A UKVI audit does not matter, all that does is examine the systems and records. UKVI can not single out acT2 employee and curtail the visa. They can sanction the licence holder but not the employees.
Have you a new visa in your new passport or did you have a BRP card visa?
If it was a visa in the passport have you sought to have it replaced in the new passport?

You are right in saying this, an assumption. Would it be possible to know for certain what my status now is?
and No i didn't get the new visa stamp on my passport because my employer suggested i wait until he gets a response from UKBA and he did by saying that my status is Unauthorized Absence which would give a negative result even if i apply.

Thanks

To get a new visa in your passport requires a letter from your Sponsor stating you are still required and still employed.
Ask for that letter, if it is not forthcoming curtailment letter or not it is a moot point.
If you had a BRP card there is no need for a new visa in the new passport. Officially you can still use your old visa and travel with it as long as it is readable and reasonably un damaged.
Do you still have your old passport and visa?

Hi Frontier Mole,
I have received a Curtailment Letter two days back n am posting it for your Feedback. Question is can i travel now to UK and stay until may1st 2015 to sort things out.

PFB...

DECISION AND REASONS
This decision notice is served in compliance with the Immigration (Leave to Enter and Remain) Order 2000 (as amended).

CURTAILMENT OF LEAVE
This decision has been made in line with the Immigration Rules and the Tier 2 policy guidance.

You were granted leave to enter as a Tier 2 (General) Migrant until 09 August 2017 in order to undertake a period of employment with your sponsor (license number ending XXXXXR9J3).

However, the Home Office was informed by your sponsor on 20 November 2014 that you ceased employment with them in the UK.
Home Office records have been checked and there is no evidence that you have made an application to change your sponsor or made a fresh application for entry clearance, leave to enter or leave to remain in the United Kingdom in any capacity.

Therefore, as you have ceased employment as notified by your Tier 2 sponsor your leave is curtailed under paragraph 323A(a)(i)(2) of the Immigration Rules until 01 May 2015.

Before your current leave to enter or remain expires you must either leave the United Kingdom or submit a fresh application for leave to remain.

If you leave the UK your leave to enter or remain will lapse under Article 13(3) of the Immigration (Leave to Enter and Remain) Order 2000 and you may require a visa to enter the UK.

RIGHT OF APPEAL
You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

You are not required to leave the United Kingdom as a result of this decision. You still have leave to enter or remain where your current conditions continue to apply until 01 May 2015. Please ensure that you understand the conditions of your stay.

Although you are not required to leave the UK at this time your leave to enter or remain in the UK is due to expire on 01 May 2015.

You need to make arrangements to plan your departure before your leave expires. If you intend to remain in the UK after this time you should make a further application for leave before your current leave expires. Please see the Home Office website for details of how you can make an application.

Appreciate your insight.

Btw i still have the damaged passport and checked thru immigration officer locally that the Visa encryption is intact and not damaged.

You can return to the UK but be aware that you may have to explain yourself at the airport on arrival.
The law states you can return however if the immigration officer is not convinced about why you are returning he can refuse entry. Different people have had different experiences on their return.
Is your employer going to re employ you on your return? If they have agreed to do that then they should have done the RLMT etc and issued you with an unrestricted COS. That would help you enormously and stop any nonsense at the point of entry.

Hi Frontier Mole,
Thanks for your insight.

i reached the united kingdom with my curtailment letter and had a lot of discussion to do with the immigration officers at POE. They have given me limited time to remain in UK (2weeks) and can now appeal.

the other thing is that the employer has lost the license and i am to look for a new sponsor now.
Thanks

hi Taknev ,


Can I ask what happened with your situation ?

I have had a leave catagorised as unauthorized by my employer ( although it was just 7 days and i am back in the UK )

the employer is thinking of reporting it to UKBA .