Old work permit:overseas assignment for 18 months

zib · Post by **zib** » Tue Feb 01, 2011 2:03 pm

Hi all,
I am still on the old WP which was issued in Jan 2008 and valid until 2013.

In 2009 I was assigned to work abroad in Asia for 18 months. Now I am returning to the UK by end of Feb 2011.

I am still working with the same company but in 2009 they decided to send me for a long term assignment due to the recession and no project in the UK.

Do I still need to get a fresh entry clearance or can I enter using my WP which is still valid?

BTW I am on the shortage occupation and my company is not in the UKBA CoS list.

Many thanks for your kind advise on this matter.

Post by **geriatrix** » Tue Feb 01, 2011 8:41 pm

You need to check with your employer if they issued a NPEE (notice of premature end of employment) to UKBA or requested cancellation of your visa in any other manner during your absence from UK. If they did, your visa would have been cancelled by UKBA.

If not, then you should be able to enter UK on your existing visa.

regards

zib · Post by **zib** » Wed Feb 02, 2011 2:03 am

sushdmehta wrote:You need to check with your employer if they issued a NPEE (notice of premature end of employment) to UKBA or requested cancellation of your visa in any other manner during your absence from UK. If they did, your visa would have been cancelled by UKBA.

If not, then you should be able to enter UK on your existing visa.

regards

Thanks sushdmeta,
No, they did not cancel my WP at all as I was working with them technically but doing overseas projects which at the time we more profitable and cost-effective. Now they want me back in the UK as the projects are starting to come in from the UK.

On another matter is that I am also planning to bring my wife which I married during my stint abroad. She had a tier 2 dependant visa which I applied when I wanted to leave the present company for another one in the UK last year but decided not to due to personal reasons.

I know that Tier 2 visa is not valid for me but since we are returning using my old WP issued by my current should I apply another dependant visa for her? Can she enter using her Tier 2 visa wich is still valid until 2013 but for an employment which I didn't take up.

Thanks

Post by **geriatrix** » Wed Feb 02, 2011 4:40 pm

zib wrote:She had a tier 2 dependant visa which I applied when I wanted to leave the present company for another one in the UK last year but decided not to due to personal reasons.

Critical piece of information you missed mentioning in your opening post! If you were issued a Tier 2 visa after you were issued a WP visa, then your WP is no longer valid - irrespective of whether you took up the (Tier 2 sponsored) job or not!

And because you never joined the employer who sponsored your Tier 2 CoS, the employer would have informed UKBA, and the CoS and the Tier 2 visa would have been cancelled.

regards

zib · Post by **zib** » Thu Feb 03, 2011 3:16 am

sushdmehta wrote:Critical piece of information you missed mentioning in your opening post! If you were issued a Tier 2 visa after you were issued a WP visa, then your WP is no longer valid - irrespective of whether you took up the (Tier 2 sponsored) job or not!

And because you never joined the employer who sponsored your Tier 2 CoS, the employer would have informed UKBA, and the CoS and the Tier 2 visa would have been cancelled.

Oh dear!
But why would UKBA cancel my WP as my current co did not do so as I am still being employed by them.

The WP was issued in 2008 before the new Tier 2 PBS system came ito force.

Post by **vinny** » Thu Feb 03, 2011 3:55 am

How can your wife have a Tier 2 dependant visa if you are a work permit holder?

Post by **geriatrix** » Thu Feb 03, 2011 3:58 am

Basic rule of the thumb - A new visa always supersedes the old visa.

In your case, if you applied for a Tier 2 leave to enter / remain and were granted then the Tier 2 leave to enter / remain invalidated your WP leave to enter / remain. And because you did not join the Tier 2 sponsor, the sponsor would have informed UKBA (as is required) that you either did not take up the offer / did not join and that they were withdrawing the sponsorship - which would have led to a cancellation of Tier 2 leave to remain soon after.

Questions - did you apply for WP leave (2008) from within UK or overseas? And Tier 2 leave?

regards

zib · Post by **zib** » Thu Feb 03, 2011 4:16 am

vinny wrote:How can your wife have a Tier 2 dependant visa if you are a work permit holder?

I applied for a Tier 2 visa for company B as I was thinking to leave Company A while working on a project for company A but I decided not to take it up due to other reasons.

While applying for the Tier 2 for company B I also applied for Tier 2 PBS for my wife. My job is under UKBA shortage occupation.

All these while my WP with company A is still valid. Now company A wants me to return back to the UK for a project due to start March 2011.

There is no clear rules on this and also there no mention elsewhere that my WP will be cancelled once I applied for a Tier 2 visa with another employer. As I understand it UKBA will not cancel the WP as this will leave my current company without a legal employee while they know nothing about my intention to leave them.

Please shed more light into this.

many thanks for all your input.

Post by **geriatrix** » Thu Feb 03, 2011 4:40 am

See also Can I have more than one visa?

regards

Post by **geriatrix** » Thu Feb 03, 2011 4:50 am

zib wrote:As I understand it UKBA will not cancel the WP as this will leave my current company without a legal employee while they know nothing about my intention to leave them.

Why? It is your fault, and not UKBA's, that you did not inform your (current) employer that you had received a CoS from another potential employer and had applied for (and were granted) Tier 2 leave but decided not to take the new employment.

Unfortunately, your employer may be in trouble today - not a Tier 2 sponsor and without an employee with a valid visa - because of your ignorance!

regards

zib · Post by **zib** » Thu Feb 03, 2011 8:00 am

sushdmehta wrote:
zib wrote:As I understand it UKBA will not cancel the WP as this will leave my current company without a legal employee while they know nothing about my intention to leave them.
Why? It is your fault, and not UKBA's, that you did not inform your (current) employer that you had received a CoS from another potential employer and had applied for (and were granted) Tier 2 leave but decided not to take the new employment.

Unfortunately, your employer may be in trouble today - not a Tier 2 sponsor and without an employee with a valid visa - because of your ignorance!

regards

I didn't want to inform my current employer because I don't to have bad relationship of create mistrust as I was still undecided on that particular move.

And the WP is stll no cancelled when I handed my passport to VAFS in Singapore.

Post by **geriatrix** » Thu Feb 03, 2011 5:23 pm

UKBA doesn't follow the practice of stamping visas issued in the past with "cancelled" or something similar, when a new visa is issued. So please do not assume that your visa is still valid just because it has not been stamped as "cancelled" or because it has an expiry date that is yet to pass.

You may wish to contact UKBA / nearest British High Commission for further clarification on the issue.

regards

zib · Post by **zib** » Fri Feb 04, 2011 3:12 am

sushdmehta wrote: Questions - did you apply for WP leave (2008) from within UK or overseas? And Tier 2 leave?

regards

WP 2008 applied within the UK

Tier 2 2010 applied overseas.

Please advise.

I am terribly scared to inform my current employer that I was trying to leave. This will be disastrous for my current job and the mistrust that will be created.

Thanks.

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Old work permit:overseas assignment for 18 months

Old work permit:overseas assignment for 18 months