Out of country application for tier 2 visa

[Helen123]

Hi Everyone,

I’m sorry if this is a silly question! A colleague of mine was on a short term contract and on a tier 5 visa for the last year. Her contract has been extended and so she needs to apply for a tier 2 visa. When lockdown happened she travelled back to the US where she is from and so has submitted her application and booked her biometrics appointment in the US. The company is telling her to return to the UK under her tier 5 visa after submitting her biometrics and wait the outcome of her tier 2 visa here in the UK. This doesn’t sound right to me though, won’t she have to leave and re-enter the UK when her tier 2 visa is accepted and she receives her biometrics cars? Additionally if she is working between when her tier 5 expires and her tier 2 starts would she be working illegally? Additionally will her biometrics card be sent to her UK address or her US address?
Sorry if this is a bit complicated especially with the whole Covid situation!

[CR001]

The company is telling her to return to the UK under her tier 5 visa after submitting her biometrics and wait the outcome of her tier 2 visa here in the UK. This doesn’t sound right to me though, won’t she have to leave and re-enter the UK when her tier 2 visa is accepted and she receives her biometrics cars?

Did she not submit her passport for her tier 2 application?? If she used the 'keep my passport' service, she will be instructed to submit her passport for the visa vignette to be place in the passport. She then has to travel to the UK on the Tier 2 visa vignette as her Tier 5 will be cancelled when her tier 2 is approved. In order to collect her BRP card at the nominated Post Office, she has to attend with her passport and entry stamp she will get on her tier 2 general visa.

Additionally if she is working between when her tier 5 expires and her tier 2 starts would she be working illegally?

Her tier 5 will be cancelled when the tier 2 is granted.

Additionally will her biometrics card be sent to her UK address or her US address?

Her biometric card is not 'sent' to her. She has to collect it at the Post office within 10 days of arriving in the UK on a tier 2 visa.

[Helen123]

Thank you so much for your response! It was different when I had to do this for the first time!

She said they haven’t asked for her passport and didn’t ask for it when she did her tier 5 either. If she has to have the vignette put in her passport and enter on it, does that mean she cannot enter on her tier 5 and then leave and re-enter on her tier 2?

So, on the vignette in her passport it says the visa is valid from 24/09/19 - 24/10/19. The CoS from the employer has her working dates from 01 Oct 19 to 27 June 2020. Is this a typo or error from UKVI? Would she still be able to enter the UK on this visa?

[Helen123]

Sorry! As it turns out she did send her passport in for her tier 5 after her biometrics were taken but they haven’t asked her to send her passport in yet for her tier 2.

[CR001]

She said they haven’t asked for her passport and didn’t ask for it when she did her tier 5 either. If she has to have the vignette put in her passport and enter on it, does that mean she cannot enter on her tier 5 and then leave and re-enter on her tier 2?

She will be contacted to submit her passport once a decision is made. She needs to be in the US to submit her passport for visa stamping. She must enter the UK on her new Tie 2 visa to effectively 'activate' it and have it stamped on arrival. Note also that she could be refused entry to the UK on her Tier 5 as the IO at the airport will see she has a pending Tier 2 visa in process.

So, on the vignette in her passport it says the visa is valid from 24/09/19 - 24/10/19. The CoS from the employer has her working dates from 01 Oct 19 to 27 June 2020. Is this a typo or error from UKVI? Would she still be able to enter the UK on this visa?

It depends what the length of her CoS was for and what her letter she got with her visa, presumably this is the tier 5 you are query. What date does her tier 5 expire?

[Helen123]

I am doing such a bad job of explaining it all!

I’ll let her know that she will have to be in the US to submit her passport.

Her BRP says it expires on the 11/07/20 so I’m not sure how the company expect her to re-enter on this visa and wait for her tier 2 application to be decided while working and earning income.

[CR001]

Her BRP says it expires on the 11/07/20 so I’m not sure how the company expect her to re-enter on this visa and wait for her tier 2 application to be decided while working and earning income.

Then unfortunately, she is not able to return to the UK on her Tier 5 visa to work as it is no longer valid.

The company might be confusing the rules for applications within the UK, where Section 3C protection (existing visa conditions continue while awaiting a visa application outcome) kicks in. But this does not apply to applications made outside the UK.

She also cannot, and must absolutely not, try to enter the UK as a visitor to work.

[Helen123]

This is exactly what I thought too! Thank you so much for your help. My company has had plenty of time to organize this visa, she’s been in the US for 4 months so I don’t see why they are trying to get her to enter on an expired visa. It’s so irresponsible

[CR001]

trying to get her to enter on an expired visa. It’s so irresponsible

Agree, incredibly irresponsible and detrimental to your friend.