Business Visit Visa Refusal Implications

[tier2_2016]

We wanted to bring a consultant from India for a month on business trip into UK. He was planned to work with our customer to gather information so as to start offshore project. This consultant's firm is our partner and we provided partnership agreement along with his Visa application. However, his Visa was refused today and the letter states that he can't work with us as a consultant on business visit. We did clearly specify that he is coming here for a very specific activity and for a specific duration.

We are in two minds on whether reapplying business visitor visa with additional documents to prove that he is not here as an external consultant but he is part of our organization (as a partner) is a good idea. We eventually want to bring him on Tier2. Our Tier2 sponsorship approval is currently expected in 2 weeks. We are now concerned about whether visit visa refusal will have any effect on Tier2 sponsorship application.

Once we get sponsorship approval (fingers crossed), if we provide CoS to this consultant for Tier2 General, will the earlier Visa refusal have any adverse effect? We don't want to spoil his chances if that's the case. He might as well come through a different employer. Please advise.

[CR001]

Visit visa refusal should have no impact/effect on a Tier 2 application.

[tier2_2016]

Thanks CR001. We want to see if it is worth reapplying visitor visa in the light of below refusal notes. As a background, the person planning to visit UK is a partner of UK Company X. He is a Director of a company based in India. He was supposed to visit Company Y which is a partner of Company X. Company Y was trying to outsource some of its projects to India and hence he was supposed to participate in few meetings with them during his 30 days of visit.

Refusal letter states:

"Your and Company X's letter states that you will be meeting a Company X's customer (we should have mentioned partner), Company Y, and may be expected to travel with them for various meetings. The visitor guidance states that intra-company activities should be of a short duration, linked to specific project and not involve the visitor directly working with or for clients. It appears from teh information you have provided that you are employed by Company X as a consultant and are receiving payment from them.

This goes beyond the permitted activities for a business visitor which in this context would be limited to gathering information for your own company, not consulting on behalf of a UK based company. Therefore the activity envisaged by Company X would be employment contrary to Immigration rules. Therefore your application is refused under Appendix V 4.2 (d)."

If we clearly explain in our next application that the planned activity is not a consulting engagement - we don't pay consultant any fees except for compensating for the time he spent in the UK (which is less than the salary the consultant draws). We haven't employed the consultant so far and he will not be paid in the UK.

[noajthan]

It's not about payment its about the scope of work, ahem, 'activity'.

This is the problem area:

...in this context would be limited to gathering information for your own company

and its unclear how you can now backtrack to put the genie back in the bottle.

If sponsoring this person on T2 how will RLMT be addressed? (as s/he is clearly pre-selected).

[tier2_2016]

We had already posted ads on jobcenterplus and other leading portal as per guidelines. We haven't received suitable respones. We did hightlight it in our sponsorship application. By the time our sponsorship application was filed, we ran ads for full 28 day period. So, we can genuinely claim that we couldn't find suitable resources.

Even though visitor visa activities would be completely different from tier2 ones, I guess it will be difficult to justify case worker/IO of the same. Thanks for your response.

[Wanderer]

We had already posted ads on jobcenterplus and other leading portal as per guidelines. We haven't received suitable respones. We did hightlight it in our sponsorship application. By the time our sponsorship application was filed, we ran ads for full 28 day period. So, we can genuinely claim that we couldn't find suitable resources.

Even though visitor visa activities would be completely different from tier2 ones, I guess it will be difficult to justify case worker/IO of the same. Thanks for your response.

I think UKVI will be preparing their 'PRE-SELECTED, DENIED' stamp for this one.....

[tier2_2016]

Wanderer, thanks for your reply. You got us concerned. We ran the ads for full 28 days and have valid documents to prove that we did interview candidates and found them not to be suitable. We applied for license after the Job ads. We honestly believe that is what Tier2 guidance suggests. Find suitable candidates within UK before looking out outside.

Are you suggesting that our Tier2 sponsorship license itself will not be approved. Or the Tier2 Visa of the prospective Indian consultant wouldn't be approved. Please advise.

[Wanderer]

Wanderer, thanks for your reply. You got us concerned. We ran the ads for full 28 days and have valid documents to prove that we did interview candidates and found them not to be suitable. We applied for license after the Job ads. We honestly believe that is what Tier2 guidance suggests. Find suitable candidates within UK before looking out outside.

Are you suggesting that our Tier2 sponsorship license itself will not be approved. Or the Tier2 Visa of the prospective Indian consultant wouldn't be approved. Please advise.

I'm the site pessimist, bear that in mind!!

It's just I look at from UKVI perspective;

1. Denied Business visa for person A for visit to Company 1

2. Company 1 applies for T2 sponsors licence.

3. Performs RLMT before getting sponsors licence.

4. Considers (and interviews) several applicants but none suitable.

5. Company 1 offers role to Person A seemingly without interview.

I'd wait for Frontier Mole on this one to respond, he's the expert but I suspect he may well see things like I do, because there is no way of getting away from the fact Person A is pre-selected, you have to admit.

[tier2_2016]

Better to be pessimistic to plan for the worse, but are you suggesting that our Tier2 sponsorship license itself is in doubt, or once we get license, consultant's Visa is in doubt. If its the latter, we may not go for Tier2 for him immediately. I am praying and hoping that Tier2 sponsorship license will not be affected. Please let us know.

By the way, we applied for Business Visa after the sponsorship license was applied for not before.

[noajthan]

I'm the site pessimist, bear that in mind!!

Honorary Devil's Advocate perhaps.

[Wanderer]

I'm the site pessimist, bear that in mind!!

Honorary Devil's Advocate perhaps.

Might shoot for 'Curmudgeon' as I enter my Victor Meldrew years.......

[tier2_2016]

Better to be pessimistic to plan for the worse, but are you suggesting that our Tier2 sponsorship license itself is in doubt, or once we get license, consultant's Visa is in doubt. If its the latter, we may not go for Tier2 for him immediately. I am praying and hoping that Tier2 sponsorship license will not be affected. Please let us know.

By the way, we applied for Business Visa after the sponsorship license was applied for not before.

Just making sure my original question is not lost Optimistic responses are welcome.