Entry at UK border Tier1 holder

[ganeshnad]

I travelled to UK nov 2010 on tier 1 visa, but could not secure a job during that one month visit.
While coming back to India after that visit the immigration officer advised me to come with a job contract when I visit the next time to UK else I would be sent back.
I am planning to travel to UK in Jan 2011. Can UK border agency reject somebody's entry with a tier 1 visa just for not having a job contract?

I am aware that Tier 1 visa need no job offer. But could not understand why he gave such an advice.

Thanks

[t1s2010]

This is indeed surprising.
This guy may be 'pro-government'.

I think, you can go and argue on the spot itself.
Border agency guy can not apply rules as per their choice.

[wf]

Where was the IO who gave you this advice?

There are normally no or only cursory checks on exit from the UK.

[geriatrix]

Just make sure that you do not develop a habit of making short trips (visits) to the UK on Tier 1 (General) leave to enter / remain. If you do, you may be refused entry when noticed by IO.


regards

[chinagef]

Just make sure that you do not develop a habit of making short trips (visits) to the UK on Tier 1 (General) leave to enter / remain. If you do, you may be refused entry when noticed by IO.


regards

Indeed - one of the requirements of holding a tier 1 (general) visa is to have the intention of that of a tier 1 (general) migrant. As the category is a work-related visa, the IO expects you to be working in the UK.

I have dealt with in the past, a case where the IO revoked a tier 1 (general) visa as they were not satisfied they would continue to fulfill the role of a tier 1 migrant, and hence they submitted that the migrant should have applied and entered under a different category, e.g. a visitor or otherwise.

[dandm]

Just make sure that you do not develop a habit of making short trips (visits) to the UK on Tier 1 (General) leave to enter / remain. If you do, you may be refused entry when noticed by IO.


regards

Why is this? Job hunting requires going back and forth, and we do not want to settle in the UK until there is a job.

[geriatrix]

Entry to UK is dictated by specified immigration rules and the stated purpose for which leave to enter / remain was granted. Inability (or ability) to find a job is not an immigration issue.

Tier 1 (General) leave to enter / remain is to live and work in the UK, not for making visits to the UK repeatedly. For that purpose (visits), one must apply for visitor visa. If a pattern of visits to UK with no intention to live and work in the UK is noticed by IO, entry may be refused.

IO is not concerned with whether or not you can or cannot secure a job without making visits to the UK. His concern is whether you are seeking entry to the UK for the purpose for which the leave to enter / remain was granted to the traveller. In the context of Tier 1 (General), that purpose is to live and work in the UK.


regards

[aliq09]

I travelled to UK nov 2010 on tier 1 visa, but could not secure a job during that one month visit.
While coming back to India after that visit the immigration officer advised me to come with a job contract when I visit the next time to UK else I would be sent back.
I am planning to travel to UK in Jan 2011. Can UK border agency reject somebody's entry with a tier 1 visa just for not having a job contract?

I am aware that Tier 1 visa need no job offer. But could not understand why he gave such an advice.

Thanks

Hi ,

My questions are when your TIER1 stamped , when you travel and when you came back . According to your statement its just a month so kindly be careful with your next visit and try to be as honest as possible . They will ask you a simple question : " where do you work " ? if you are lucky , they will not ask any thing Best of luck!!!!!!!!

Ali

[dandm]

Entry to UK is dictated by specified immigration rules and the stated purpose for which leave to enter / remain was granted. Inability (or ability) to find a job is not an immigration issue.

Tier 1 (General) leave to enter / remain is to live and work in the UK, not for making visits to the UK repeatedly. For that purpose (visits), one must apply for visitor visa. If a pattern of visits to UK with no intention to live and work in the UK is noticed by IO, entry may be refused.

IO is not concerned with whether or not you can or cannot secure a job without making visits to the UK. His concern is whether you are seeking entry to the UK for the purpose for which the leave to enter / remain was granted to the traveller. In the context of Tier 1 (General), that purpose is to live and work in the UK.


regards

But we do not require a visa for visiting as we are Australian nationals. Without the Tier 1 visa we would normally be able to come and go, and have been doing so previously as we currently live in the Netherlands.

I understand the point you are making, but really I'm sure that given the recent press they ought to be happy we do not want to formally settle until we have gainful employment. This will happen, it's just a matter of securing the visa first, as that was the much harder task.

[kenfrapin]

But we do not require a visa for visiting as we are Australian nationals. Without the Tier 1 visa we would normally be able to come and go, and have been doing so previously as we currently live in the Netherlands.

I understand the point you are making, but really I'm sure that given the recent press they ought to be happy we do not want to formally settle until we have gainful employment. This will happen, it's just a matter of securing the visa first, as that was the much harder task.

In case of absolute law and right or wrong, you can state every word of the above argument if ever faced by such tough questions posed by IO trying to cause problems.

Since you are an Australian and can travel freely without visas, your Tier 1 visa is there so you can get a job and start work at once. This is what you can also tell the IO. By law, there is no way the IO can prove you are using the Tier 1 to just visit the UK and in your specific case, you dont even need a Tier 1 to enter the UK.

Just do the logical thing and stand your ground and make noise with relevant facts if faced with such IO personnel. You are free to come to the UK as many times as you want as you dont need a visa and the Tier 1 is only there to help you get a job in the UK and not used as a visiting visa.

KP

[t1s2010]

You are free to call it 'speculation'..

But given the recent trends, T1(G) scrapping, news coverage and government's handling of issue CAN/WILL encourage IO to restrict you on a second visit itself.

In essence, IO/UKBA will try to be 'firm with the rules' and will love to object on T1(G) visa by any possible means.

I mean, IO will be happy to create problems for visa holder.
Long back, I read article where HSMP Forum had objected 'for harassment cases' at Heathrow point of entry and raised the issue formally with UK government/UKBA.
I guess, MODs must be knowing that issue better.
Why can't same be repeated this time WITH complete backing of Mr Green and Mrs May?

[kenfrapin]

No need to call it speculation because I believe you. IOs do make problems if they find 'objectionable' characters or persons who really arent sure why they are here on a Tier 1.

For a person with common sense coming with a Tier 1 to hunt for jobs and travel to and fro anywhere whilst doing this, there will never be a problem. The issue crops up, again, when suspect Tier 1 holders are asked questions and they either stare blankly at the IO or dont have a decent answer to give. So, if one does not fall into such a category, then no IO will ever make any problem. They ask questions, you provide answers and they wish you a safe journey, thats it

Finally, as they are cutting back on Tier visas and want to reduce population influx, they will not touch those who ALREADY have visas issued earlier. If you have a visa to come to the UK to find work and live, then thats that and no English man wil cause a problem as long as you are within the limits of your visa and are actually doing something to make use of your visa.

KP

[ganeshnad]

Thanx everybody for their quick responses.

Here are some answers raised by some of the members.

1. I got my visa stamped on 09 aug 10
2. I went to london on 07 nov 10
3. My real intention was to find a job in UK and work and live in there.
4. In the current economic scenario anybody can imagine how difficult to is to get a job for a new entrant into UK(this is as per my experience during my stay in UK) , that too in IT in a single visit to UK.
5. My base country is India with my relatives are staying here and I don't understant why I should not come back to India until I get a job.
6. I did not wanted to do some unskilled work there, doing which is against the idea of Tier 1, until I get a job that matches my skills .

Please let me know if these answers make some sense.

[geriatrix]

Just make sure that you do not develop a habit of making short trips (visits) to the UK on Tier 1 (General) leave to enter / remain. If you do, you may be refused entry when noticed by IO.


regards

An example of what can happen. Not suggesting that it will ... but just that it can and people should be aware of the risk.