Tier 1 (G) visa cancelled at Liverpool airport

[xpscapable]

Hi guys,

I'm asking on behalf of my friend. She has (or had now) a Tier 1 (G) visa, however she left the country around July 2010 to live in New York. Early March she came back to visit the UK and landed in Liverpool airport.

The immigration officer there interpret her being not living in UK and not working in UK as a violation of her visa and cancelled her visa! This is not true I believe, I can't find anywhere in UKBA info regarding this issue. I believe the immigration officer in Liverpool rarely dealt with overseas visa holders and misinterpret the rule.

She did eventually be let into the country because: 1) she doesn't need a visa as a tourist in UK and 2) she's married to a British citizen. So technically she can just come here for 3 months.

Although the visa is no longer a concern for her to come in and out from the UK I believe this still a negligence from the immigration officer.

Thoughts? Is my understanding about the situation is correct? That her visa should not have been cancelled?

[rizwan567]

T1G is to come and settle in UK.

If the lady told immigraiton officer at airport that she has come to visit UK on T1G visa then yes, immigration officer is right in curtailing the visa coz she is not using the T1G visa for settling in the UK.

If the lady had said on the airport that she is coming to settle in UK then there is no way that immigration office would have cancelled the visa.

[vinny]

If she wishes to settle in the UK with her British husband, then she may now apply for a spouse visa.

[Tina315]

I don't understand, does immigration officer have a right to cancel a VISA?, Tier G is given based on whether you meet points requirement, and it is issued solely on that. I dont think its possible for an immigration officer to cancel it, maybe she just got a warning or something...I dont understand this.

[rizwan567]

Immigration Officers have the ultimate powers to curtail any (Entry Clearence 'EC') commonly known as visa. If it is not being used for what it was applied for.

Sometimes circumstances of applicants are changed when EC is applied and when applicant arrive land in UK.

[geriatrix]

I don't understand, does immigration officer have a right to cancel a VISA?, Tier G is given based on whether you meet points requirement, and it is issued solely on that. I dont think its possible for an immigration officer to cancel it, maybe she just got a warning or something...I dont understand this.

Immigration rules 321(ii) and 321A(1).

As has been already mentioned, Tier 1 (General) leave is not meant for visiting UK. It is for the purpose of living and working in the UK.

People may get away with excuses but this is one (rare) example of what can happen when an IO figures out what the person is / has been up to!