Tier 2 - G Refusal of Entry Clearance. **Urgent**

[gautam7roy]

Dear All,

I am in a big trouble and need urgent help and suggestion from you guys.

I had a Tier 2 General Visa for 5 years valid from 16/12/2014 to 30/12/2019 and entered UK on 1st Jan 2015.
I worked there for an year and then I left from UK on 05/12/2015. I came to India for wedding and am still in India.

But now due to some clashes with my original sponsor, he cancelled my Visa on 5/02/2016. I was okay with that and decided not to go with his Visa any further. As I had a contract job in UK, a new sponsor said that he will sponsor me. All the documentation were done by the solicitor of the new company.

But on 9th March 2016 I received a 'Refusal of Entry Clearance' letter from Visa office under rule 245HB(g), which states the cooling period thing(Note that I also applied for my spouse as dependent). This was missed by my new sponsor and his solicitor!

And now it seems that I can't apply for a Visa for next 12 months. I have the below questions and if someone can help me out, it would great:

-Can I go to UK now as my Visa may not have been curtailed? I have not received any letter from HO. My friend checked my flat. I read somewhere that we have 60 days of time.
-If I go to UK and at the border they don't allow me in stating my Visa is invalid, can this impact my future entries?
-Can I request my original sponsor to take me back in their company. Can they re-activate my cancelled COS? How easy is that?
-Can I myself call home office and check the status of my Visa, is this advisable?
-Can I go for administrative review by telling them I wasn't aware of this rule? I know, this is silly question!

I know I should have taken this risk from within Uk, but now that I have made a mistake. Please help as I am about to loose my contract job in London.

Thanks.
Roy.

[Wanderer]

Contracting on a T2 visa is not allowed.

[gautam7roy]

Thanks Wanderer.

What are the available options left then?

[gautam7roy]

Hi Manci,

Could you please advise me?

Regards,
Roy

[iworker]

all options that you have asked are not possible. They dont issue a curtailment letter if they know you are already out of country. You cant go back, you cant have a visa reinstated, nor the cos.

your only and i stress only options is, wait for 1 year cooling off time and then apply again. When you do apply again after a year, they will need to give u restricted cos, rlmt done. your previous time in uk will not count in towards any route of ilr.

[gautam7roy]

Thanks iworker.

Thats all I wanted to know. I will wait for one year now.

Just a last question; when does cooling period start? On the day I left UK - 5th Dec 2015 or the day my sponsor cancelled my Visa - 5th Feb 2016? So can I re-apply after 5th Dec 2016 or 5th Feb 2017?

And are there any chances of cooling period rule getting changed on coming 6th April?

Regards,
Roy.

[CR001]

Just a last question; when does cooling period start? On the day I left UK - 5th Dec 2015 or the day my sponsor cancelled my Visa - 5th Feb 2016? So can I re-apply after 5th Dec 2016 or 5th Feb 2017? It starts from the date you left the UK

And are there any chances of cooling period rule getting changed on coming 6th April? No.

[gautam7roy]

Dear Manci, All Gurus,

I had a Tier 2 General Visa for 5 years valid from 2014 to 2019 .I worked there for an year and then I left from UK on Dec 2015. But due to some clashes with my original sponsor, he cancelled my Visa on 5th Feb 2016.

Yesterday, I have spoken to my original sponsor again and he is ready to hire me back!!!

However he is not sure if he can re-activate the same COS for me.

They have yet not received any letter from HO regarding the cancellation of my Visa.
But they don't see any button on SMS system to re-activate the same COS for me.

Can I myself call home office or email them and check the status of my Visa, is this advisable?

Please help urgently

Thanks.

[gautam7roy]

Dear All,

Can someone please help me urgently? Just wanted to know, I am in India and can I go back to UK now?

I have received an email from HO that states the below:

We have curtailed your immigration leave.

Your leave to enter has been curtailed so that it now expires on 05 June 2016.

[iworker]

asking the same question a few days later will not change the answers on the forum.. unless you want to lie to yourself and want to somehow hear he words that u will allowed to enter back in the uk..


http://www.immigrationboards.com/uk-tie ... l#p1328009

[CR001]

asking the same question a few days later will not change the answers on the forum.. unless you want to lie to yourself and want to somehow hear he words that u will allowed to enter back in the uk..


http://www.immigrationboards.com/uk-tie ... l#p1328009

Topics now merged, thanks iworker.

[gautam7roy]

Thanks iWorker,

I have received the email from HO today, so posted the question.

On reading the question, I thought I have time to enter the UK till 05th June?

CURTAILMENT OF LEAVE

We have curtailed your immigration leave.

Your leave to enter has been curtailed so that it now expires on 05 June 2016.

[CR001]

You risk being refused entry. Other members have reported being refused entry while in the curtailment period.

[Frontier Mole]

Once out of the country while curtailed the chances of returning and gaining entry are next to nil. Given you left the UK in December 2015 what excuse can you give for your return...
Saying to rejoin your Sponsor is a no no

[gautam7roy]

Thanks for your suggestion everyone

I have made up my mind not to return to UK for an year as I don't want to breach any immigration rule.

But here's my last question on this post. Yesterday I had a discussion with my lawyer in UK and he sent me below email:

Dear XYZ,

The leave you had is valid until 5th June 2016, so technically you can travel with it. However, at the entry to the UK, the entry clearance office might not or might ask questions.

You have to come up with good reason for your return. We can have a call to discuss this.

Regards,
PQR

If I take this risk and they refuse my entry at Border, then would that be a big problem for getting UK visa in future too?

[CR001]

It shouldn't be a problem for future applications, but you will have a big cross and 'refused entry' in your passport, which any other country you wish to go to for either work or holiday will see.

As you have no job etc, what is the purpose of returning for such a short period?

What 'good reason' do you think you can provide as you will certainly be asked questions as your curtailment will flag up on the screen.