Premature lapse of Tier 2 visa

[tkays]

Hi all

I am avid follower of this forum over the past years but this is the first time I am posting.

A relative of mine encountered difficulties re-entering the UK therefore any opinions/advice are very much appreciated.

The situation is like this. My relative has approximately 2-3 months left on his Tier 2 visa; he was previously on a Tier 4 student visa. He recently made an application to extend his Tier 2 visa with support from his current employer. Unfortunately he did not quite meet the latest minimum salary requirement and got his application refused with 14 days to appeal/apply for an administrative review. He decided not to appeal and was under the impression that there is still time to submit a new, valid application before his current Tier 2 visa expires.

So, my relative went off on a holiday outside the UK for a few days. When he wanted to re-enter the UK he was detained; the reason he was given is that his current/existing Tier 2 visa has been cancelled or made void when he left the UK a week earlier. My relative told me that his current visa being cancelled seem to have some connection to the fact that his application has been refused and no appeal has been lodged. He is given temporary leave to enter the UK but a flight has been booked to fly him back to his home country.

Is there somewhere in the rules which states that if an application to extend the leave to remain has been refused (with no appeal lodged) then the valid leave the remain would be made void prematurely once he leaves the UK on a holiday; even if the current leave to remain is only supposed to be due to expire later in another 2-3 months?

Let me know if you require more information. Thank you.

[CR001]

A refused application does not invalidate an existing visa that is still valid. Is he still employed by his sponsor? Is it a genuine sponsor, i.e. not an umbrella company?

Unless there is more to this story of course.

[tkays]

A refused application does not invalidate an existing visa that is still valid. Is he still employed by his sponsor? Is it a genuine sponsor, i.e. not an umbrella company?

Unless there is more to this story of course.

Many thanks for your reply CR001.

As far I know he is still directly employed by his sponsor, not through an umbrella company. The company is a relatively small company in the UK and my relative told me that they have an allocation of one CoS per year.

As you said there is perhaps more to this story that I may not be aware. My relative was detained over the weekend so he will notifying the company of his circumstances tomorrow; hopefully more light would be shed. I'll post an update here if I get anymore information.

Feel free to interrogate/ask questions which may be of help.

Thanks for your time.