uncancelling a cancelled tier 1 general

[shussain81]

Hey guys. Been a lurker for a long time and just want to thank everyone for their contributions - I have used advice on here a few times.

My friend flew in on Saturday from Dubai on a Tier 1 Gen visa. He had a PEO appointment to renew it on Thursday. He was detained for further questioning at Gatwick and was told he should have applied for a visit visa if he didnt want to come work. He said he tried to argue that if he applied for a visit visa, then he couldnt renew his Tier 1, but they were having none of it and his visa was cancelled. He was given no right to appeal and was sent back to Dubai. His visa expires at the end of the month - before they cancelled it - is there anything he can do to have it uncancelled?

[zabiela]

Very interesting, did he mention he's here just to get his visa renewed in the first place?

Besides, i think this basically addresses queries on whether a person can just come here to extend his/her T1 without an intention to use it for the purpose it is meant for.. (saw quite a few of posts questioning on this lately)..

[Mela]

Can you please post more details about the case, the timeframes when your friend applied for Tier 1 visa, did he ever reside/work in the UK within since that time( i guess not)?

[Lucapooka]

Besides, i think this basically addresses queries on whether a person can just come here to extend his/her T1 without an intention to use it for the purpose it is meant for.. (saw quite a few of posts questioning on this lately)..

If he had said he was back in the UK with the intention to work as Tier 1 migrant, he would have had no problems at all! The person under discussion apparently made no mention of this and that he merely wished to extend his leave. He even suggested himself that it was only a visit with that purpose with no intention to stay and work. It's a big difference and he made a huge mistake that the UKBA jumped on, effectively taking no mercy in applying the immigration rules in a very direct way.

[Mela]

Tier 1 visa is meant for people to be able to look for a job in the UK freely and work anywher they like. there is no provision in a law to curtail the visa just because person doent work, immigrant can always say he lloks for job. similiar rules applies to the immigration officers at the border they cant simply refuse the enytry if the person currently doesnt work in the UK, however the border officer may refuse it but must give grounds to it. for exmaple if bvorder officer is ensured your friend is not eligiable to apply for extension there is apossibility he may enter uk at the end of the visa, cant extend and ovestay...or if the fraud or deception is detected in any way...please right what are the grounds for refusal

[Mela]

Besides, i think this basically addresses queries on whether a person can just come here to extend his/her T1 without an intention to use it for the purpose it is meant for.. (saw quite a few of posts questioning on this lately)..

If he had said he was back in the UK with the intention to work as Tier 1 migrant, he would have had no problems at all! The person under discussion apparently made no mention of this and that he merely wished to extend his leave. He even suggested himself that it was only a visit with that purpose with no intention to stay and work. It's a big difference and he made a huge mistake that the UKBA jumped on, effectively taking no mercy in applying the immigration rules in a very direct way.

Interesting point but i beleive thy still cant refuse him based on this fact merely. refsusal of the entry into the country when immigrant has a valid visa happens rarely.

Also, if for example Im given a Tier 1 visa and sit for 2 years on a couch and pick my nose instead of working my visa cant be curtailed why then someon who is crossing the border is in the different position?

[Lucapooka]

We are commenting on hearsay from a third party who was not present during the event so are, by definition, wasting out time with this discussion. However, if the guy said he was making a visit to renew his Tier 1 (and used the word visit) then he was committing the immigration equivalent of suicide.

[mulderpf]

Do you know on what basis his visa was cancelled? I'm guessing paragraph 320(5), but would like to get confirmation.

As for "uncancelling" it, I don't think that's possible. Your friend would have to re-apply from outside the UK, except that, of course Tier 1 (General) is closed for applications from outside the UK and only available for applicants to renew from inside the UK.

I can't say that this surprises me much - the UK is trying whatever they can to get net immigration down and this way is perfectly legal. In fact, if you follow the letter of the law, this was the right decision to make actually.

The point of extending your stay in the UK is to extend your stay, not to extend a visa you may choose to use one day when you feel like it.

[shussain81]

thanks. I dont know what rule they used. He just said they wrote cancelled on his visa and he should apply for a visit visa if he wanted to visit.

He didnt say he was here for a visit. He said he was here to look for job opportunities. He only mentioned the extension appointment when they asked him if he knew his visa was up for renewal. They asked him all kinds of questions about where he intended to find a job if he had any interviews booked and what he was doing in Dubai.

Is there any way that they can reverse the decision to cancel from Dubai? Anyone else???

He successfully used his visa twice before to come to look for a job so we dont understand why they took this decision now.

[Lucapooka]

I have to repeat that you are not the person under discussion and have very limited information about what happened and what decisions were made and on what basis. I don't know what you can expect from this forum based on that scenario?

[cs95tdg]

I dont know what rule they used.

Why don't you ask your friend and post it here. Better yet, ask your friend to make the post directly, so that nothing is missed.