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Travel to UK (as visitor) before VISA start date

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

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ledhead214
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Travel to UK (as visitor) before VISA start date

Post by ledhead214 » Mon Nov 04, 2019 1:26 pm

Hi all,

My fiance has been accepted for a Tier 2 visa.

Her passport now has the vignette/visa sticker which permits her to enter the UK from a date at the end of December this year.

We have plans for her to visit the UK (I'm British) for a couple of weekends here and there before this date. She's currently an Australian National, but a Resident of the Netherlands, so she has no problem entering as a visitor (she's afforded the same right to travel as other Europeans).

However, we had a piece of advice that has said she shouldn't enter the UK at all until her permitted visa start date as it may run the risk of 'over-writing' the Tier 2 visa (which would then be subject to the 12 month cooling off period which of course would be the worst possible scenario)!

Providing she has clear travel plans to LEAVE the UK again one she enters on a visitor visa, will her entering the UK as a visitor before visa start date cause issues with her Tier 2 visa?

To be clear, she'll leave the UK and re-enter twice before the visa start date, and also leave and then re-enter (for the final time) after her visa has started.

Many thanks,

Keith

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CR001
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Re: Travel to UK (as visitor) before VISA start date

Post by CR001 » Mon Nov 04, 2019 1:46 pm

Getting stamped in as a visitor can cancel her tier 2. She cannot hold two categories of UK visas at the same time.
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ledhead214
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Re: Travel to UK (as visitor) before VISA start date

Post by ledhead214 » Mon Nov 04, 2019 3:02 pm

Thanks CR001. Is this still the case even if she doesn't effectively 'hold' the Tier 2 Visa until end of December, and a visitors visa would close before then? The visas wouldn't overlap at all.

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Re: Travel to UK (as visitor) before VISA start date

Post by CR001 » Mon Nov 04, 2019 3:13 pm

ledhead214 wrote:
Mon Nov 04, 2019 3:02 pm
Thanks CR001. Is this still the case even if she doesn't effectively 'hold' the Tier 2 Visa until end of December, and a visitors visa would close before then? The visas wouldn't overlap at all.
If the visa has been approved and she has the visa vignette in her passport, then she already has a tier 2 visa. The date of validity on the visa would be in line with the certificate of sponsorship and job start date.
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ledhead214
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Re: Travel to UK (as visitor) before VISA start date

Post by ledhead214 » Mon Nov 04, 2019 3:15 pm

Ok, thanks for the clarification, appreciate it.

ledhead214
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Re: Travel to UK (as visitor) before VISA start date

Post by ledhead214 » Tue Nov 05, 2019 3:54 pm

As she's Australian, she's from a visa-free country. Does this mean she doesn't actually receive a Visa when she enters (as a visitor); instead she's just permitted access? Does this change the potential conflict?

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Re: Travel to UK (as visitor) before VISA start date

Post by CR001 » Tue Nov 05, 2019 3:56 pm

ledhead214 wrote:
Tue Nov 05, 2019 3:54 pm
As she's Australian, she's from a visa-free country. Does this mean she doesn't actually receive a Visa when she enters (as a visitor); instead she's just permitted access? Does this change the potential conflict?
Entering as a visa free national is still stamped in as a 6 months visitor visa on arrival with no work or recourse to public funds permitted.

As a visa national, she does not require a pre-approved visitor visa, but that does not means she can just enter the UK at will. She will still be entering as a visitor and noted as such on arrival.
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chooky39
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Re: Travel to UK (as visitor) before VISA start date

Post by chooky39 » Wed Nov 06, 2019 10:24 am

Will the same issue occur if she flies to the UK as part of a transit process? For example, she needs to fly to LHR clear passport control and re-check in on another airline to then depart to Australia. Could this also interfere with Tier 2 visa? Thanks

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Re: Travel to UK (as visitor) before VISA start date

Post by CR001 » Wed Nov 06, 2019 10:55 am

chooky39 wrote:
Wed Nov 06, 2019 10:24 am
Will the same issue occur if she flies to the UK as part of a transit process? For example, she needs to fly to LHR clear passport control and re-check in on another airline to then depart to Australia. Could this also interfere with Tier 2 visa? Thanks
Clearing immigration/passport control will result in being 'admitted to the UK' as a visitor if the tier 2 visa starts at a later date.
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