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Coming back to UK after 19 months (Valid WP)

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

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xeshu
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Posts: 5
Joined: Wed May 26, 2010 7:55 pm

Coming back to UK after 19 months (Valid WP)

Post by xeshu » Wed May 26, 2010 8:03 pm

Hi guys,

I came across this forum today and am really glad their is a place like this where people are helping each other based on their experiences. :) I would be glad if someone could help me here too. :)

I received my 5 year work permit (sponsored by my company) in May 2007. I worked in UK till Oct 2008, after which I relocated to Pakistan (my home country) on a foreign assignment + personal reasons (still working for the same company). Now I am going to return back to UK in July.

Although my work permit is valid till May 2012, what worries me is that I have been out of UK for about 19 months. Do you think theres a possibility that I would be denied entry on arrival?

P.S I am returning to work to the same company back in UK. I don't think this should cause a problem, I meant people go on foreign assignments all the time. I just hope I don't have to re-apply for the work permit on this new Tier-2 thingi (not aware of that, plus more money and time which I do not have).

I would really appreciate any help in the right direction.

Many thanks

Zeeshan

xeshu
Newly Registered
Posts: 5
Joined: Wed May 26, 2010 7:55 pm

Post by xeshu » Tue Jun 01, 2010 8:59 am

Does any body have any clue to my visa issue? All I need to know is that if i have a valid work permit and I leave the country and come back in after nearly 1 and a half years time (while still being employed by the same work permit sponsored company), will I be denied entry?

Please people I need to be back by July for work on a project. I would really really appreciate any help.

Thank you

Zeeshan

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Re: Coming back to UK after 19 months (Valid WP)

Post by Markie » Tue Jun 01, 2010 12:31 pm

the first question you need to ask your company is... did your company cancelled that WP when you transferred to Pakistan? if yes then company and yourself need to apply under Tier-2.
xeshu wrote:Hi guys,

I came across this forum today and am really glad their is a place like this where people are helping each other based on their experiences. :) I would be glad if someone could help me here too. :)

I received my 5 year work permit (sponsored by my company) in May 2007. I worked in UK till Oct 2008, after which I relocated to Pakistan (my home country) on a foreign assignment + personal reasons (still working for the same company). Now I am going to return back to UK in July.

Although my work permit is valid till May 2012, what worries me is that I have been out of UK for about 19 months. Do you think theres a possibility that I would be denied entry on arrival?

P.S I am returning to work to the same company back in UK. I don't think this should cause a problem, I meant people go on foreign assignments all the time. I just hope I don't have to re-apply for the work permit on this new Tier-2 thingi (not aware of that, plus more money and time which I do not have).

I would really appreciate any help in the right direction.

Many thanks

Zeeshan

xeshu
Newly Registered
Posts: 5
Joined: Wed May 26, 2010 7:55 pm

Post by xeshu » Tue Jun 01, 2010 12:41 pm

Thank you Markie for the reply.

No my company did not cancel my work permit because I was expected to return and now the time has come. However with the changing laws and so much ambiguity, I just need to be sure. Because I don't want to go UK just to end up getting sent back.

I have been paying national insurance all through these 18 months and am a full time employee of the UK company.

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Post by Markie » Wed Jun 02, 2010 1:15 pm

in that case then you are in continuous employment with the Uk company. it is just that you were a temporary foreign assignment based on my reckoning.
xeshu wrote:Thank you Markie for the reply.

No my company did not cancel my work permit because I was expected to return and now the time has come. However with the changing laws and so much ambiguity, I just need to be sure. Because I don't want to go UK just to end up getting sent back.

I have been paying national insurance all through these 18 months and am a full time employee of the UK company.

xeshu
Newly Registered
Posts: 5
Joined: Wed May 26, 2010 7:55 pm

Post by xeshu » Wed Jun 09, 2010 7:00 am

Okay this is what I have found out from different people (consultants and lawyers):

Apparently no such law or clause exists that specifically and clearly identifies my situation (re-entering UK after a long period (18 months) on a valid work permit while being full time employed in the UK). Different people seem to give different answers.

Some have suggested that since my work permit is not a Multiple entry work permit there fore I cannot enter. But most are of the view that if I produce the necessary documentation, I should not have a problem. From what it seems the actually point of authority is the Immigration officer (IO) who is siting on the desk on arrival. If I can satisfy him, then only can I enter.

However I am surprised at this system. I have asked so many lawyers and consultants and none of them know anything for sure. They all say it depends on the IO. This to me is rather absurd since the IO does not act on his own authority. He acts on the laws that state the case. In my case it either means that my case is so unique that no such law exists, or that most consultants and lawyers are useless (or rather greedy in giving out any such free advice).

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Post by Markie » Thu Jun 10, 2010 12:44 pm

Since you WP is valid up to 2012 you can enter multiple times...not a worry .
xeshu wrote: Some have suggested that since my work permit is not a Multiple entry work permit there fore I cannot enter. any such free advice).

xeshu
Newly Registered
Posts: 5
Joined: Wed May 26, 2010 7:55 pm

Post by xeshu » Thu Jun 10, 2010 8:01 pm

Many thanks Markie :)

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