Skilled Worker Visa and emergency travel

[Vikram4147]

Hi,

I have applied for Skilled worker visa while switching jobs. I am currently switching from old employer who already sponsored Skilled Worker Visa to new employer who sponsored their Skilled Worker Visa. (Skilled Worker Visa's switching). I have applied the Skilled Worker Visa application from inside UK.

Due to emergency, I need to fly India. My Skilled Worker Visa application is still under processing.

What are the steps to follow to enter the country(UK) back from India after successful Skilled Worker Visa application?

Any suggestions will be greatly appreciated.

Thanks in advance.

[Vikram4147]

Note:

Here emergency refers to medical emergency.My father got heart attack and I had travelled to India.

Please help me.

[secret.simon]

Be aware that if you leave the UK while an immigration application is in progress, the application is automatically considered withdrawn.

You may have to resubmit the application from scratch from abroad.

[vinny]

Agree.

[Jajko007]

I am just wondering if anyone has experienced this (where they traveled during a pending application and HO informed that it is now withdrawn)

[Vikram4147]

Thanks for your responses.

Do I also need to inform the company who sponsored me new Skilled Worker Visa about my situation?

[Vikram4147]

The main reason for asking about whether to inform the company who sponsored me new Skilled Worker Visa about my situation (flying back to India on medical emergency) is that, I am concerned if my Skilled Worker Visa application is withdrawn due to flying back to India , do I need to reapply for Skilled Worker Visa from India with CoS(Certificate of Sponsorship) issued initially? or do I need to request the company(employer) for new CoS(Certificate of Sponsorship) for reapplication of Skilled Worker Visa from India?

Please help me.

[vinny]

Using the CoS in an immigration application

…

S6.4. When a CoS you have assigned has been used to support an application, it will show in your SMS account as ‘used’. This means it cannot be used again in another application. The only exception is where the CoS has been assigned to and used by a worker to enter the UK under the Creative Worker visa concession. These workers can use the same CoS each time they re-enter the UK under this concession, provided the CoS is still valid and they continue to qualify for entry under the concession.

S6.5. If a worker’s application is refused and they wish to re-apply, you must assign a new CoS to them before they can make a new application.

S6.6. If the worker’s application is rejected or withdrawn (but not refused), the CoS will still show in your SMS account as ‘assigned’. It can be used again to support a further application by the same individual, provided it has not expired (see next paragraph).

S6.7. Once you have assigned a CoS, the worker must use it in an application for entry clearance or permission no later than 3 months after the date you assigned it. If the worker does not use the CoS within this 3-month period to make an application, it will expire and will show as ‘expired’ in your SMS account. If the worker still wishes to make an application, you will need to assign them a new CoS.

[Vikram4147]

Thanks for your responses. It really helps.

[Vikram4147]

Hi,

My current BRP with my old employer is still valid until 2024.

I have not heard any update yet on my new Skilled Worker visa application from home office.

The new company has asked me to come UK and will issue a new CoS for re-application from within UK using priority service.

1) Can I enter UK from India on my current BRP (old employer) as it is valid until 2024?

General query:

2) What is the name of correspondence letter from home office issued to visa migrants if the employer has withdrawn the CoS during his/her course of employment ,which states the period of stay for additional 60 days after which he/she is not entitled to stay legally inside UK.

[vinny]

1) if you are still working for your old employer, then yes. Else,

Worker does not start work or ceases their employment

9.27.1. A person’s entry clearance or permission on the Skilled Worker, Intra-Company, Global Business Mobility, Representative of an Overseas Business, Scale-up Worker (subject to paragraph 9.33.1.), T2 Minister of Religion, International Sportsperson or Temporary Worker routes, may be cancelled if:

• (a) they do not start working for their sponsor; or
• (b) they or their sponsor confirm that their employment, volunteering, training or job shadowing has ceased or will cease before the end date recorded on the Certificate of Sponsorship; or
• (c) the start date for the job, as recorded in the Certificate of Sponsorship, is delayed by more than 28 days; or
• (d) they cease to work for their sponsor.

may prevent you from entering.