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Tier 2 Visa (General) Revoked - need advice on how to procee

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

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nick_c
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Joined: Mon Sep 02, 2013 2:21 pm

Tier 2 Visa (General) Revoked - need advice on how to procee

Post by nick_c » Mon Sep 02, 2013 2:31 pm

Any help is much appreciated! Heres the situation:

I have been sponsored on a Tier 2 visa since 18 June 2011. However last year (7 August 2012) I resigned from my company and was going to leave. About a week before I was due to leave my company got a big new project and asked me to stay, so I said yes.

We had already advised immigration of my resignation so that meant we had to advise them of the un-resignation, which we did.

I have just received a letter today stating that "since you have ceased to be employed by <company> in the UK, you have ceased to meet the requirements of the immigration rules under which your leave was granted. Having considered the exercise of her discretion, the Secretary of State has therefore decided, under paragraph 323A(a)(i)(2) of the immigration rules, to restrict the limit on the duration of your leave to enter in the UK as a Tier 2 migrant so as to expire on 27 October 2013"

It then goes on to state that under section 82 of the National Immigration and Asylum Act 2002 I have no right to appeal the decision.

What do I do?
I have been employed and working for the same company the whole time, do they think I have been overstaying the last year?
Is there any viable avenue by which we can appeal, or at least ask them to see reason?

On the flip side, if I cant appeal and I have to leave, how soon after the 27th Oct must I leave? I have a flight booked home for a holiday on the 3rd Dec, can I stay the extra month and still get that flight, or do I need to be out of the country by the 27th?


Any and all help is much appreciated!!

Thanks!

nick_c
Newly Registered
Posts: 3
Joined: Mon Sep 02, 2013 2:21 pm

Post by nick_c » Tue Sep 03, 2013 9:45 am

Noone have any advice for me? Oh no!!

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Sep 03, 2013 9:59 am

Inform them again, in-writing, that you have not cease to work for the company as previously advised by your un-resignation correspondence. Enclose a copy of your previous un-resignation correspondence and your company's confirmation of the details. Send by registered post. Keep a copy of all correspondence.

See how they respond.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nick_c
Newly Registered
Posts: 3
Joined: Mon Sep 02, 2013 2:21 pm

Post by nick_c » Tue Sep 03, 2013 10:06 am

Seems logical, that is pretty much what we have done. Thankfully my HR team is incredibly efficient about keeping copies of everything, so we sent an email with all evidence to support my case.

I guess my next question is how responsive are they usually to cases like this? Or are they pretty black and white? Or, is this a bit of a weird case and theres no way to know?

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