Tier 2 visa status- Company opening branch outside UK

[ms2016]

I am currently on Tier 2 general visa - sponsored by my employer based in UK. At present I'm working from India (at client side) for a project.
Soon my company is opening a new branch in India and will transfer me to the Indian branch with a new Indian employment contract.
1. Will my visa get cancelled?
2. How and in what scenarios can I still keep my visa valid so that I could return back to UK.
3. Will my visa still stay valid if the company continue to pay me the same salary but in Indian account? And if yes then will I need to re-apply?

Would really appreciate if anybody could help.

[ms2016]

Request a response on this query. It is an urgent situation for me.

Thanks in advance.

[CR001]

1. Your employer will have to inform HO that you are no longer working for the sponsor in the UK. Highly likely your visa will be curtailed/cancelled.

2. If you continue working in the UK. That is after all the purpose of the Tier 2 General visa.

3. No, because you are not working for your sponsor in the UK but for the same/sister company in India with a new Indian contract and pay in India. Yes you will need to reapply and your clock for ILR (if this is the ultimate goal) will be reset to zero. Your absence, if substantial, will also break continuity.

You cannot use Tier 2 G like a Tier 1 G.

[ms2016]

I want to know if it will fall under TUPE protection.

I am on Tier 2 general visa(valid till Sep -2016) - sponsored my by UK employer.

But currently, I'm working from outside UK(work related) as working at client side in India for a project.
Now, my UK Employer has decided to open another branch India and would want to transfer me to an Indian employment contract.

- Can my case be considered under TUPE protection ? and if yes, will my current visa still remain valid ?

Request assistance on an urgent basis so that I could communicate my issue to the company ASAP.

Thanks in advance!

[ms2016]

Will a TUPE transfer and work permit hold valid - when employee is transferred to an overseas branch(Indian) of UK employer!

[CR001]

Please read my responses I have already provided.

TUPE is applicable if you are IN the UK. It does not apply to you if you leave the UK and work in another country (presuming India is your home country).

[Wanderer]

Will a TUPE transfer and work permit hold valid - when employee is transferred to an overseas branch(Indian) of UK employer!

TUPE has absolutely nothing to do with UKVI, Home Office or immigration rules.

[CR001]

Will a TUPE transfer and work permit hold valid - when employee is transferred to an overseas branch(Indian) of UK employer!

TUPE has absolutely nothing to do with UKVI, Home Office or immigration rules.

Although in certain cases/instances, it does as a visa can continue, but it depends on the circumstances I suppose and there is likely a convoluted HO process to follow.

[ms2016]

Please read my responses I have already provided.

TUPE is applicable if you are IN the UK. It does not apply to you if you leave the UK and work in another country (presuming India is your home country).

Yes, I'm working in India but for official reasons. I'm still employed by my UK employer and under UK payroll.
If TUPE can help me secure my current visa I can plan to visit UK and apply from UK. Will this help in my situation?

[CR001]

It will not apply to you if you are working in India.

[ms2016]

Hello All,

My Tier 2 general visa (granted for 3yrs) expired on 6th Sep 2016.
Have been working with my UK employer until last month but remotely. Have left UK in DEC 2013 and only visited UK for 2 weeks in 2015.
As I have been outside UK for more than 180 days my count for ILR has been reset anyways.

Now that my visa has expired and I want to come back to UK.

1. Can I apply for fresh Tier 2 visa with a new UK employer?
2. If I can apply then will I be able to get visa for 6yrs?

And will this make me eligible to apply for ILR after 5yrs?

Appreciate your help.

[Frontier Mole]

You are subject to the one year cooling off period from the date you last left the UK. So if that has passed you can apply for a tier 2 visa once you get a company to sponsor you again.

Max visa length is 5 years. Can be extended to 6.

Will you qualify for ILR yes based on current rules BUT the rules are getting tougher every year. 5 years time, who knows what the requirements will be.

[noajthan]

Posts merged.