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Unique Tier 2 Situation- Guidance Needed ( US Citizen)

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

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Anaxarete
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Joined: Tue Sep 13, 2011 5:46 pm

Unique Tier 2 Situation- Guidance Needed ( US Citizen)

Post by Anaxarete » Tue Sep 13, 2011 6:00 pm

I am a United States citizen and will be (tentatively) applying for my visa from outside of the UK. My current employer is a medium-sized enterprise who has just opened a subsidiary branch in London. They have offered me a role in account/project management, sales, and consulting at the new office, and I have accepted. There's a few caveats to this:

- I could need to apply for a Tier 2 visa. It does not legally qualify as an intra-company transfer- however, I would need to have a certified sponsor. My company contact went to look at the application; though, and found that we do not quite fit the requirements yet (but probably will in time).
-It's possible to apply for an entrepreneurial visa as well, but I would need to demonstrate that I have access to an enormous amount of funds that I don't think I really do- the funds may be there but my access is limited.
-Here's what I'm wondering: my company would like to have me over there by mid-late October. With some EU countries I know that you can stay up to around 90 days without a visa. Would it be feasible for me to go over with my valid U.S passport and get started while my company gets its licensed sponsorship together and then apply for a tier 2 visa from within the UK?

This is urgent...please help, thank you!

Lucapooka
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Location: Brasil

Post by Lucapooka » Tue Sep 13, 2011 6:57 pm

You can't visit the UK and work. Even if your salary is paid by the USA in the USA. You can set up the business ready for your transfer, but not work in the business. It's a grey area as to exactly what you can and how they would even get to find out, but here are the general guidelines:

Business Activities

Greenie
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United Kingdom

Post by Greenie » Tue Sep 13, 2011 7:04 pm

You also can't switch from leave as a visitor to tier 2 from within the UK.

Anaxarete
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Joined: Tue Sep 13, 2011 5:46 pm

Post by Anaxarete » Tue Sep 13, 2011 7:13 pm

Thank you for the prompt replies. In that case, I couldn't really qualify as a business visitor given that I have intention to stay in the UK long term. What I might be able to do, however, since I intend to be back in the U.S for the Christmas season, is go over as a business visitor in October/November, get my ends set up as a business visitor, and return to the U.S while my visa is being processed...does this sound feasible? Please let me know, thanks!

The Station Agent
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United Kingdom

Post by The Station Agent » Tue Sep 20, 2011 10:49 am

It sounds feasible but you may have trouble convincing an immigration officer you weren't going to stay and work. Maybe carry some sort of proof and make sure you have some people they could call to confirm the situation.

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