Lived 5 years with Tier 2, left, now want to go back

[TommyD]

I lived in the UK for 5 years with Tier 2 visa, started up my own company on the 4th year ( I didn't know that this was against my visa - Yes, I was stupid ).

Just before applying for renewal I've been informed by my lawyer that I shouldn't have started my own company in UK with Tier 2 visa.

So I didn't apply for renewal in fear of a potential ban, instead I just left. Since I didn't apply I never became illegal (as far as Home Office is aware), heck even I didn't know until 2-3 months before the renewal time.

Now I'm trying to go back, what are my options?

- My wife lived with me during this time. Since I don't have any illegal situation right now, can my wife apply for indefinite leave to remain in UK? As far as they are aware I just finished my 5 years work in UK, left for a long holiday and now I'm back.
- Can I apply as an entrepreneur visa?
- Can my company sponsor me?
- You think I stand any chance if I just explain them this whole thing was an honest mistake and I want to acquire a new visa so I can run my company in UK?


I appreciate your help. I had to leave my life, friends, my business, my business partners in the UK, a country that I honestly loved living in. I'm still paying my taxes, my company is in the UK, still active and making money.


Thanks,

[arsenal49]

as soon as you admit that you broke the immig. law, you will be refused visa straight away.

unfortunately, this wont go away. your chances of being found out is relatively lower than someone who would be applying from, say, uk.

unfortunately, for all new apps, you will be stating the 'lie' in your app that you never broke immigration laws. the penalty, if found out, is an instant ban of 10 years for deception.

there will always be a sword hanging on your head even if you are granted visa, in which ever category, this time around.

maybe applying as a spouse is one area you could further research into.

tier-based visa , i think, is a huge risk given your situation.

just my 2 cents...

[geriatrix]

There are lots of facts missing in your post for anyone to suggest you appropriately.

1. Did you stop working for your sponsor before you became self-employed or before you left UK?
2. What is the legal structure of the business? If a limited company then are you a controlling stakeholder (what percentage)?
3. Was your wife in UK as a Tier 2 dependant?
4. When did you leave? When was your Tier 2 leave due to expire?

[TommyD]

1. Did you stop working for your sponsor before you became self-employed or before you left UK?

Yes, I'm missing at least 6 months of P60s

2. What is the legal structure of the business? If a limited company then are you a controlling stakeholder (what percentage)?

I own 60% of the business, it's a limited company.

3. Was your wife in UK as a Tier 2 dependant?

Yes

4. When did you leave? When was your Tier 2 leave due to expire?

I left 1 month before it expires.

[geriatrix]

I own 60% of the business, it's a limited company.

Then your company cannot sponsor you. You cannot have more than 10% shareholding in the company that is your sponsor.

3. Was your wife in UK as a Tier 2 dependant?

Yes

Dependants cannot apply for settlement in their own right.

4. When did you leave? When was your Tier 2 leave due to expire?

I left 1 month before it expires.

Dates, for both.

And also, on what date did you stop working for your employer / sponsor?

[TommyD]

Stopped working: 01/01/2011
Renewal was due: 01/05/2011
Left UK: 01/04/2011

[geriatrix]

Based on that, I believe all questions have been answered.