UK Tier 2 Visa Problem

[Sydneytune]

Hi,
Please help me with my UK visa problem, I was issued ICT Tier2 Long Term Visa in 2010 sponsored by my previous employer, it is valid till 28th Dec 2012. I left that organization on 30th Dec 2011 and returned to my home country. I joined a new company in Feb'12, they issued me CoS under Skill Transfer category. UKBA has refused my Entry Clearance as I have a valid visa sponsored by previous employer. I will be eligible to get long term visa in Feb'13 (after completing 12 months with current employer) and for which 12 months cooling-off period will not be applicable. Is there any way I can get Visa before completing 12 months with current employer. Please help..I am expecting someone (like Manci) will help me out. I have to urgently travel to the UK.

Thanks.

[manci]

I was issued ICT Tier2 Long Term Visa in 2010 sponsored by my previous employer, it is valid till 28th Dec 2012. I left that organization on 30th Dec 2011 and returned to my home country. I joined a new company in Feb'12, they issued me CoS under Skill Transfer category. UKBA has refused my Entry Clearance as I have a valid visa sponsored by previous employer. I will be eligible to get long term visa in Feb'13 (after completing 12 months with current employer) and for which 12 months cooling-off period will not be applicable. Is there any way I can get Visa before completing 12 months with current employer. Please help.. I have to urgently travel to the UK.

Unfortunately you have been caught between two rules. In the Tier 2 ICT Skills Transfer category one doesn't need to have been employed previously by the sponsor organisation but the cooling-off period applies. In the Tier 2 ICT Long Term Staff category the cooling-off period wouldn't apply to you because your previous leve was under the rules before April 2011, on the other hand you have to be employed for 12 months by your sponsor organisation.

When you left your previous employment in December 2011 your sponsor should have reported this to UKBA. Had they done so your visa would have been curtailed to 60 days+ their decision time, i.e. to around March 2012. However, this wouldn't have helped in the present situation, merely the reason for refusal would have been non-compliance with the cooling-off rule rather than the fact that you still have a current visa.

[Sydneytune]

[quote="manci"][quote="Sydneytune"] I was issued ICT Tier2 Long Term Visa in 2010 sponsored by my previous employer, it is valid till 28th Dec 2012. I left that organization on 30th Dec 2011 and returned to my home country. I joined a new company in Feb'12, they issued me CoS under Skill Transfer category. UKBA has refused my Entry Clearance as I have a valid visa sponsored by previous employer. I will be eligible to get long term visa in Feb'13 (after completing 12 months with current employer) and for which 12 months cooling-off period will not be applicable. Is there any way I can get Visa before completing 12 months with current employer. Please help.. I have to urgently travel to the UK.[/quote]
Unfortunately you have been caught between two rules. In the Tier 2 ICT Skills Transfer category one doesn't need to have been employed previously by the sponsor organisation but the cooling-off period applies. In the Tier 2 ICT Long Term Staff category the cooling-off period wouldn't apply to you because your previous leve was under the rules before April 2011, on the other hand you have to be employed for 12 months by your sponsor organisation.

When you left your previous employment in December 2011 your sponsor should have reported this to UKBA. Had they done so your visa would have been curtailed to 60 days+ their decision time, i.e. to around March 2012. However, this wouldn't have helped in the present situation, merely the reason for refusal would have been non-compliance with the cooling-off rule rather than the fact that you still have a current visa.[/quote]

Thanks a lot Manci..are you saying I will have to wait till Feb'13 and can not travel before that on any category except Business visa?

[manci]

It would be February 2013 as T2 ICT Long Term Staff.

If you are eligible under the rules you could obtain a visit visa. I'm not sure though if they would be able to cancel your present work visa in your home country - ask the UK diplomatic post. If they say that your work visa must be cancelled before a visit visa is issued, and they cannot do it, send an email to SponsorshipPBSenquiries@ukba.gsi.gov.uk explaining the situation about the termination of your previous employment.

BTW - is it possible that UKBA sent you a letter after you finished work about curtailing the work visa but you haven't received it because you left the UK by then? It might be worth asking your previous employer if they reported your departure to UKBA.

[Sydneytune]

Thanks a lot Manci..I really appreciate your effort. I travelled on Business Visa 1 month back and immigration officer informed me that my previous employer had not informed UKBA about my resignation. He told me he would get it updated but I will also write to my previous employer and will ask them to formally inform UKBA. I hope there will not be any problem when I travel in Feb 2013. Thanks a lot for your help.