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New tier 2 visa - multiple entries to the UK

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

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mi_kond
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New tier 2 visa - multiple entries to the UK

Post by mi_kond » Mon May 09, 2016 4:01 pm

Hello,

I have recently been granted a Tier 2 visa and now, within less than one month I have to come to the UK and collect my BRP. The issue is that I after I collect my BRP I will need to come back to my home country for a couple of weeks and have another short trip and then I will come to the UK again.

So I plan to come to the UK twice. My employer has no problems with that, but he suggested that I check immigration law in terms of any restrictions to leave the UK upon my first arrival, he also said I might need a letter with his permission for me to do that. I didn't find any information on that issue on gov.uk, so I wanted to check up here. Thanks!

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Re: New tier 2 visa - multiple entries to the UK

Post by CR001 » Mon May 09, 2016 4:04 pm

There are no restrictions as long as you obviously start your job as specified and enter the UK with a valid visa.
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mi_kond
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Re: New tier 2 visa - multiple entries to the UK

Post by mi_kond » Mon May 09, 2016 4:11 pm

CR001 wrote:There are no restrictions as long as you obviously start your job as specified and enter the UK with a valid visa.
Thank you for your reply! What could be an evidence of me starting my job? And who can ask for that?

Do I get it right, that after I collect my BRP, it will be the document I will use to enter the UK instead of visa vignette that I have now in my passport?

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Re: New tier 2 visa - multiple entries to the UK

Post by CR001 » Mon May 09, 2016 4:55 pm

mi_kond wrote:Do I get it right, that after I collect my BRP, it will be the document I will use to enter the UK instead of visa vignette that I have now in my passport?
Correct yes.
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mi_kond
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BRP delayed - need to leave the UK

Post by mi_kond » Mon May 16, 2016 1:54 pm

Hello,

I have arrived at the UK today to collect my BRP, that should have been available since May 3. But the lady at the post office said they don't have it still. She said some people have been waiting for their BRPs since April. I was shocked to hear that. Next week I should leave the UK for a couple of weeks and then come back. But by the time I come back my visa vignette will have already expired.

I have sent a message through https://www.biometric-residence-permit. ... tion/where but I will have to wait for 5 working days for their reply.

What should I do? Can I use my expired visa with an immigration stamp to re-enter the UK? :?:

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Re: BRP delayed - need to leave the UK

Post by moonlight55 » Mon May 16, 2016 3:04 pm

No, you cannot. You will need a BRP or a valid visa to re-enter.

mi_kond
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Re: BRP delayed - need to leave the UK

Post by mi_kond » Mon May 16, 2016 4:22 pm

moonlight55 wrote:No, you cannot. You will need a BRP or a valid visa to re-enter.
but staying in the country without BRP and with expired visa is also illegal, is not it?
What should I do if my visa expiration date is closer and closer and I don't have BRP? Even if I didn't have to make a trip outside the UK.

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Re: BRP delayed - need to leave the UK

Post by Casa » Mon May 16, 2016 5:07 pm

Surely if you are awaiting collection of the BRP your visa extension has been approved. :idea:
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mi_kond
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Re: BRP delayed - need to leave the UK

Post by mi_kond » Mon May 16, 2016 5:27 pm

Casa wrote:Surely if you are awaiting collection of the BRP your visa extension has been approved. :idea:
I am sorry, could you elaborate on this point? Should I apply for visa extension while I am awaiting my BRP delivery? Or if it is 'automatically' extended, why cannot I use it to travel abroad?

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Re: BRP delayed - need to leave the UK

Post by Casa » Mon May 16, 2016 5:52 pm

Explain clearly under what circumstances you are awaiting a BRP? Did you submit a visa application? If so, was this approved?
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Re: BRP delayed - need to leave the UK

Post by mi_kond » Mon May 16, 2016 6:01 pm

Casa wrote:Explain clearly under what circumstances you are awaiting a BRP? Did you submit a visa application? If so, was this approved?
I have made an application for Tier 2 visa from outside of the UK. It was approved and I was given a 30 days visa to enter the UK and collect my BRP. The BRP should have been delivered to the post office on May 3 according to the email I have received. I arrived on May 15 and went to the post office today. They said my BRP has not yet arrived. My visa will expire on May 26, on the same day I will have to travel outside of the UK and come back in a couple of weeks.

My plan was to collect my BRP today. But now I don't understand how I can travel outside the UK or even how I can stay here after May 26 if I don't receive my BRP by that day.

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Re: BRP delayed - need to leave the UK

Post by Casa » Mon May 16, 2016 6:21 pm

See this link for reporting online a missing BRP if you applied outside of the UK.
https://www.gov.uk/biometric-residence-permits/collect

If you can’t collect your BRP
Tell the Home Office if you can’t collect your BRP for any reason, eg you went to collect it from the Post Office and it wasn’t there.
You’ll be contacted by the Home Office within 5 days and told what to do next.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: BRP delayed - need to leave the UK

Post by CR001 » Mon May 16, 2016 9:05 pm

mi_kond wrote:but staying in the country without BRP and with expired visa is also illegal, is not it?
You are not 'illegal'. You have been granted a visa for x years, you just don't have the BRP card. Perspective.
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mi_kond
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Leaving the UK under Tier 2 visa

Post by mi_kond » Fri May 27, 2016 1:01 am

Hello,
I have recently checked the requirements to the Tier 2 visa holders as well as the requirements for settlement application and I have two questions:

1. The settlement requirements say that I «cannot have had more than 180 days absence from the United Kingdom during each 12 months of the five year period.» and «Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom».

My visa start date is April 26, I received my passport with visa back on May 4, I entered the UK on May 15 and my work start date is May 19. Which date is considered as «the date entry clearance is granted» in my case?

2. As far I understand, according to the ‘Curtailing leave’ section, my Tier 2 visa can be cancelled if I have more than 4 weeks of unpaid absence from work in total during each 12 months. In my situation when do the 4 weeks of unpaid absence start to count? Is this from work start date which is May 19 or some other date? E.g. the visa start date?

After I entered the UK I have to leave the country on May 26 for personal reasons and come back on June 13, so I am trying to figure out how this absence may affect my right to stay and work.

Thank you.

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Re: Leaving the UK under Tier 2 visa

Post by CR001 » Fri May 27, 2016 8:52 am

1. Date entry clearance granted = visa start date.

2. Should not be an issue.
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