Refused entry to the UK during a Tier 2 visa switch

[indianajess]

Hi Everyone!

I recently lost my job, and my employer had told me they would inform the UKBA on August 31. I'm in the process of getting a new Tier 2, and my RLMT will be complete on October 8. I visited the USA for a family wedding, and when I returned September 21, I was refused entry because my former employer had curtailed my visa on September 18. The Border control couldn't see my new visa app because the RLMT isn't finished, which is why they sent me back. I lost my 60 days to stay in the country, but my understanding is that I still have the 28 day grace period to get another Tier 2 visa. I still haven't received the curtailment letter in the UK mail.

I've been told conflicting things by UKBA, visa agencies, and lawyers, and wondering if anyone can help!

One person told me that as soon as they say I'm applying from the USA, I have to go back through the allocation system, which doesn't make sense since this is a switch. That would mean waiting until November 5 to request a COS through the allocation system.

Another person said that it could be entered as a transfer still, even though I'm outside the country, as soon as the RLMT is complete on October 8.

Does anyone have any experience with this or know an agency who has?

[physicskate]

Hi Everyone!

I recently lost my job, and my employer had told me they would inform the UKBA on August 31. I'm in the process of getting a new Tier 2, and my RLMT will be complete on October 8. I visited the USA for a family wedding, and when I returned September 21, I was refused entry because my former employer had curtailed my visa on September 18. The Border control couldn't see my new visa app because the RLMT isn't finished, which is why they sent me back. I lost my 60 days to stay in the country, but my understanding is that I still have the 28 day grace period to get another Tier 2 visa. I still haven't received the curtailment letter in the UK mail.

I've been told conflicting things by UKBA, visa agencies, and lawyers, and wondering if anyone can help!

One person told me that as soon as they say I'm applying from the USA, I have to go back through the allocation system, which doesn't make sense since this is a switch. That would mean waiting until November 5 to request a COS through the allocation system.

Another person said that it could be entered as a transfer still, even though I'm outside the country, as soon as the RLMT is complete on October 8.

Does anyone have any experience with this or know an agency who has?

As your visa was curtailed, you are not allowed re-entry during curtailment (that was quit silly to go that wedding actually). I believe you are now subject to a 12 month cooling off period. Entry clearance applications (from outside the country) are not 'transfers' but are subject to RCoS...

Others, please feel free to correct me!

[ff88]

You probably need to wait for 12 months before you can re apply and there are rumours that from april 16 tier 2 will only be applicable to jobs in shortage occupation. You shouldn't have visited usa at such tricky time.

[indianajess]

Well, I called the UKBA twice and they told me if I had paperwork proving that I had secured another job it wouldn't be a problem, which is the only reason I went! I agree it was silly. No one has mentioned a cooling off period though, not the officers at the detention, nor the lawyers, nor my visa agency. I was on a regular tier 2, does anyone know of a link that suggests I do have to go through a cooling off period now?

[vinny]

Were they all aware that you were going to leave the UK during your curtailment period?

245HB(g).

Unfortunately, Immigration applicants cannot rely on telephone calls with Home Office.

[indianajess]

My visa was curtailed on September 18, and I was in the USA from Sept 10-21. So it hadn't been curtailed yet, and my former employer had told me they were informing the UKBA on August 31, which is why the UKBA said over the phone said that it wouldn't be curtailed yet, because they said it typically takes over a month to process a curtailment. They also said that if I had paperwork to show progression toward my new tier 2 application, that it was the discretion of the border control.

It's quite a bad situation with my former employer, so it looks like they made an attempt to make sure I was refused entry, and that it's likely retailiation (ACAS and lawyers had already been involved for wrongful termination)

Does anyone know of a law office that helps with this type of thing? I've already spoken to one about overturning the decision to remove me from the country.

[iworker]

your old employer can not have any say in influencing the ukvi officer at the border.
in my honest opinion, this decision can not be over turned, and that any solicitors who are committing anything to you are just out to make money. Any appeal etc will take such a long time, that your 1 year cooling off time will be over before you know it. but then again, this is all in my honest opinion.

[Petaltop]

my former employer had told me they were informing the UKBA on August 31,

It's quite a bad situation with my former employer, so it looks like they made an attempt to make sure I was refused entry, and that it's likely retailiation (ACAS and lawyers had already been involved for wrongful termination)

It's the other way around, UKVI tells them what to do. Their sponsorship licence requires them to tell UKVI when they cease to sponsor someone. They have no influence over UKVI.

Does anyone know of a law office that helps with this type of thing? I've already spoken to one about overturning the decision to remove me from the country.

You didn't have a valid visa to enter the UK and that is why you were refused entry when you arrived at ther border? You knew your visa sponsorship had been withdrawn before you left the UK and you also knew this when you tried to enter again.

[indianajess]

I've had two law offices tell me differently, and I think you might be scaring people unnecessarily.

I never would have left the country had two different people at the UKBA tell me that it would take over a month for the curtailment to come, and that if I had proof of future employment that it wouldn't be a problem.

I guess the lesson for future people is to not leave--I hope I get to come back sooner rather than later, though!

[indianajess]

I wanted to update anyone who is also having curtailment issues. You may have a case if you were not served a curtailment letter.

The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002. There is no statutory instrument under the 1971 Act dealing with the means of giving notice for the purposes of section 4(1) of a decision under that Act, which is not an immigration decision. Accordingly, the Immigration Officer has to be able to prove that notice of such a decision was communicated to the person concerned, in order for it to be effective and the Secretary of State cannot rely upon deemed postal service, Syed (curtailment of leave – notice) [2013] UKUT 00144 IAC) R v Appeal Committee of County of London Quarter Sessions, Ex parte Rossi [1956] 1 All E.R.

[indianajess]

Another update: I've been offered a settlement through judicial review, now I'm just waiting for Jan 4 when everyone gets back to verify my return to apply for my new Tier 2. But, it took about a month to apply for the admin review, another month to get an answer, a few weeks to submit the JR, and after they incorrectly struck down the case saying we were missing paperwork that we proved we had submitted, the whole process will have taken nearly four months.

It looks like there is a happy ending to my story, but I just wish the UKBA had told me not to leave the country instead of implying that having proof that you have a new sponsor will get you back into the country, because it will not!