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CO Payroll - Tier2 Re-application after refusal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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GMO
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CO Payroll - Tier2 Re-application after refusal

Post by GMO » Wed Nov 16, 2016 9:09 pm

Hi Everyone,

If somebody re-apply Tier2 visa after refusal while their current visa is already expired then they are not allowed to work as they have no valid visa on that time!

My question is by that time they will be in Company Payroll? cause i saw on the forum if that time company pay NI+Tax then UKVI can question then why this employee working while he/she doesn't have any valid visa!

Co can easily add to their employee on payroll later ..but on that particular time while 2nd application is pending ( after refusal of 1st one) then they should be opt out from company payroll or what?

if anybody knows then please reply.

Thanks in advance :)

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GMO
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Re: CO Payroll - Tier2 Re-application after refusal

Post by GMO » Fri Nov 18, 2016 11:29 am

Anyone can help please?

noajthan
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Re: CO Payroll - Tier2 Re-application after refusal

Post by noajthan » Fri Nov 18, 2016 11:37 am

If no valid visa then clearly such a person should not be employed or working and so should not be on any company payroll.
Employers who employ illegal workers now face serious consequences.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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GMO
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Re: CO Payroll - Tier2 Re-application after refusal

Post by GMO » Fri Nov 18, 2016 12:25 pm

noajthan wrote:If no valid visa then clearly such a person should not be employed or working and so should not be on any company payroll.
Employers who employ illegal workers now face serious consequences.
Thanks for the reply. So until the decision been made the emplyee should be opt out from payrol..which means no NI + TAX as well!

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Casa
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Re: CO Payroll - Tier2 Re-application after refusal

Post by Casa » Fri Nov 18, 2016 12:31 pm

Does this question relate to your situation or a friend's?

If you have Section 3C protection you will continue to have valid leave while your application is being considered.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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GMO
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Re: CO Payroll - Tier2 Re-application after refusal

Post by GMO » Fri Nov 18, 2016 12:34 pm

Casa wrote:Does this question relate to your situation or a friend's?

If you have Section 3C protection you will continue to have valid leave while your application is being considered.
Yes it is realated. I made the 2nd application with 14 days of AR period but by this time visa was expired!

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