Is existing Work Permit valid if the person has left UK

[sajsuresh]

Hi,
One of my team member has a WP, entry cleared(valid till Dec-09) and he was in UK till Sep-08 and has gone back to India.
We need him to travel back to UK and our Compay immigration team says that they should apply for a new Tier 2 Visa and his WP visa is not valid as he has left UK is this true?
He needs to travel for the same client and project.Please advise.
Thanks
Saj Suresh

[vinny]

Where a person returns from a short term absence abroad within a period for which he was previously given leave, again, refusal can only be considered under Paragraph 321A of HC 395, but reference should also be made to the continuing leave section here.

[Frontier Mole]

If he ceased to be an employee on his return to India, then the WP is no longer valid. If he was on an agency / contractor basis with your company then the WP is dead the minute he returned. The exception is for tier 1 visa holders.

It does not matter if it same project he is returning to as it is not continuous employment therefore the WP died as soon as continous employment ceased after 26th November.

Another point to note - you can not bring him into the UK on a tier 2 unless the Resident Labour Market Test has been completed. So you are talking weeks to months for that to be done. Then he will have to apply for leave to enter on top of that with all the new restrictions.

It is a safe bet that you will not get him back into the UK - legally - for some months.

[sajsuresh]

Vinny & Frontier, Thanks for your reply.

My collegue is a permemanent employee of our Company, he was sent here on Secondment, once this project got over he went back to our company in India.
Is the Secondment considered as a new job?Should he be applying Tier 2 only.
Thanks
Saj Suresh

[Frontier Mole]

If he is a permanent employee of the company that is a whole different position. If that was the basis of his extant WP then that is fine.

Your company has UK & Indian bases then he can go between each without the need to renew his WP to a tier 2 until such times as the WP is due to expire.
Even if he was without a WP it would be a tier 2 inter company transfer (ICT) so you can ignore the things I said in my previous post re - RLMT etc. That assumes your PBS licence covers ICT.

Book his flight now I say

[Frontier Mole]

PS to cover your butt get your HR team to talk to the UKBA Sponsor Manager for their area. You never know they might even talk to me

[PaperPusher]

The exception to FMs comments would be if the employer had obtained a "Multiple Entry" work permit - this will be on the work permit itself, don't look at the visa. The ME permits are only valid for 2 years, and are for people who would not be in continuous employment in the UK.

Otherwise, they should apply again,

[sajsuresh]

Thank you very much Frontier for all your guidance.paperpusher thanks.

[The Station Agent]

We had it confirmed in writing by UKBA before the work permit system ceased that all work permits where someone was granted entry clearance would be valid for the full duration and that the holder can leave and re-enter as many times as they like as long as the immigration officer is satisfied on their return that they are still working for the same company.

[c1mth0g]

Is there an equivalent of a multiple-entry work permit under the new point-based tier schemes?

I am wondering if Tier 2 (ICT) can be used for someone who will only spend a few weeks a year working in the UK branch of a foreign company. In particular, there is no way the salary for a few weeks is going to meet the point requirements unless they allow some kind of pro-rating?