ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 General - Employer is transferring me overseas

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
VeraSap
Newly Registered
Posts: 1
Joined: Wed Oct 03, 2018 11:03 am
Russia

Tier 2 General - Employer is transferring me overseas

Post by VeraSap » Wed Oct 03, 2018 11:12 am

Hi,

I am currently in the UK on Tier 2 General visa and my employer-sponsor is transferring me to the overseas office for 2 years. My Tier 2 is still valid till Jan-2020, hence I was wondering if there is any way to "pause" it and not loose the year of it being valid?

I need to fly overseas in November 2018 and will finish my assignment in Nov-2020. Is there any option to freeze my current Tier 2 and re-activate it when I am transferred back to the UK?

I will really appreciate any help on this. Thank you very much!

User avatar
CR001
Moderator
Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 General - Employer is transferring me overseas

Post by CR001 » Wed Oct 03, 2018 11:34 am

Unfortunately no, you cannot 'freeze' your visa.

Once you leave the UK and cease employment in the UK, your sponsor is required to inform HO and your visa should be cancelled/curtailed. If your employer does not inform HO, bear in mind that you could be refused entry at any point if you return to the UK as you are no longer abiding by your visa conditions of working in the UK for your sponsor. You also cannot hold Tier 2 continuously for more than 6 years.

If you have dependents in the UK as Tier 2 dependents, they would not be able to remain in the UK if you are no longer here.

Being absent with no economic activity in the UK also makes you ineligible for ILR on your current tier 2 route.

To return to the UK, you would have to start the whole visa process again, including RLMT if non shortage and waiting for a Restricted CoS to apply for a new entry clearance visa from home country. Your 5 years clock towards ILR will restart from zero.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 General - Employer is transferring me overseas

Post by vinny » Wed Oct 03, 2018 1:29 pm

Strange that a Tier 2 employer doesn't know that a Tier 2 (General) employee should work in the UK?
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.

fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 2:03 pm
United Kingdom

Re: Tier 2 General - Employer is transferring me overseas

Post by fielddrive » Wed Oct 03, 2018 11:48 pm

IMO any STA's up to 2 years should not in theory interfere with your Tier 2 visa if certain conditions are met such as staying economically active in the UK (salary paid to your UK bank account) and connections stay. However, you are venturing into discretion territory where you are relying on a HO caseworker to decide if you have or have not broken your residence (keep flying back to the UK on regular intervals?)

Note that HO has exceptional circumstances allowances for which the threshold is generally very high but one of these is where your employer is making you go overseas for a short period (of up to 2 years).

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 General - Employer is transferring me overseas

Post by vinny » Thu Oct 04, 2018 3:20 am

Employment outside of the UK wrote:If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.
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.

Locked