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can my employer send me on tier1 general(hsmp) to uk?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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PRadeep Itnal
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can my employer send me on tier1 general(hsmp) to uk?

Post by PRadeep Itnal » Fri Feb 17, 2012 1:15 pm

hi guys,
i hold a tier1 general visa(hsmp) , i am currently employed in india, my employer has an urgent requirement at a client place in uk, can i travel on my tier1 visa? Or employer has to get me, tier2 or inter office transfer visa? or if there are any necessary documents needed to travel ? Or is it allowed in first place? Pls let me know. Thanks in advance.

QuickSam
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Post by QuickSam » Fri Feb 17, 2012 1:18 pm

It depends on:

1) If your visa is still valid
2) your employer is ready to send you on your existing visa

PRadeep Itnal
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Post by PRadeep Itnal » Fri Feb 17, 2012 1:31 pm

ya my visa has validity till june 2013, so its not problem. Seniors pls let me knoe, if there gonna b any issues? Pls

QuickSam
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Post by QuickSam » Fri Feb 17, 2012 1:39 pm

If your visa is valid, you can travel to UK without any restriction. You don't need any additional document.

The only point is, whether your employer is willing to take the risk? To send you to UK on Tier as you can leave and join another org in UK.

In case they apply for a Tier 2 for yourself, your Tier 1 would be cancelled the moment you get Tier 2 approval by UKBA. So tread carefully

MB243
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Re: can my employer send me on tier1 general(hsmp) to uk?

Post by MB243 » Fri Feb 17, 2012 1:48 pm

PRadeep Itnal wrote:hi guys,
i hold a tier1 general visa(hsmp) , i am currently employed in india, my employer has an urgent requirement at a client place in uk, can i travel on my tier1 visa? Or employer has to get me, tier2 or inter office transfer visa? or if there are any necessary documents needed to travel ? Or is it allowed in first place? Pls let me know. Thanks in advance.
Probably not. as soon as the immigration officer at the port of entry finds out that you are on an assignment & not really looking to live & work in UK, your T1 LTR will be curtailed right at the port of entry.

T1 is given on the premise that you will live & work in UK. If you use it for anything else, it will be revoked unless you can prove that you have given up your current job outside UK, are actively looking for work in UK, have interviews lined up & have a place to live in UK

sts96508
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Re: can my employer send me on tier1 general(hsmp) to uk?

Post by sts96508 » Fri Feb 17, 2012 2:17 pm

PRadeep Itnal wrote:hi guys,
i hold a tier1 general visa(hsmp) , i am currently employed in india, my employer has an urgent requirement at a client place in uk, can i travel on my tier1 visa? Or employer has to get me, tier2 or inter office transfer visa? or if there are any necessary documents needed to travel ? Or is it allowed in first place? Pls let me know. Thanks in advance.
don't do it. your T1 visa will be in danger if UK BA/immigration get to know of this. your employer should get proper visit/ICT visa

QuickSam
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Post by QuickSam » Fri Feb 17, 2012 2:51 pm

Any new Tier 2 / ICT stamping would make the Tier 1 invalid anyway.
Give me more Karma (+)

sts96508
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Post by sts96508 » Fri Feb 17, 2012 3:06 pm

QuickSam wrote:Any new Tier 2 / ICT stamping would make the Tier 1 invalid anyway.
Why is that ?

I am a T1 holder, and when staying out of the UK, I have visited UK for a month via visit visa to attend training, meetings at the UK location of my overseas employer.

I declared at the immigration counter that my purpose for visit was to attend meetings etc and so I am not using the T1, and everything went well, the visit visa was stamped, T1 left unmolested.

QuickSam
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Post by QuickSam » Fri Feb 17, 2012 3:16 pm

I am not sure how Tier 1 and visit visa work together. General consensus is that the most recent visa stamping is the one that's considered valid.

***I think that's the way Tier 1 and Tier 2 work together. Maybe this is for the group seniors to provide an answer for.
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poornachander
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Post by poornachander » Fri Feb 17, 2012 3:38 pm

Its Simple.

1. Resign in India Branch (technically).
2, At the immigration Just tell them that you are coming for Job search.
3. You can join in ur company's UK branch OR client.

actually 1&3 are for your satisfaction. Just tell them that ur coming for Job Search-simple. See people can do job search by being in another job too (:-))

Until unless ur visa is valid, you can come to UK for job search.

goldfish
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Post by goldfish » Fri Feb 17, 2012 5:34 pm

sts96508 wrote:the visit visa was stamped, T1 left unmolested.
Yes but if he's been stamped with a visit visa, is the T1 still valid?

geriatrix
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Post by geriatrix » Fri Feb 17, 2012 6:05 pm

goldfish wrote:Yes but if he's been stamped with a visit visa, is the T1 still valid?
No, unless UKBA has changed their policy recently.
Life isn't fair, but you can be!

ban.s
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Post by ban.s » Fri Feb 17, 2012 7:13 pm

*as far as I know*, one can't hold two visas of same category simultaneously.

T1 and T2 are both immigrant work category visas - so the second visa will supersede the first one.

However, business and tourist visas are non immigrant visit visas - so a visit visa shouldn't invalidate an existing T1 or T2.
Infact, if one has T1, then, there is no need for a visit visa to come to this country. However, if there is a long gap between the visa approval and arrival, then immigration officer may ask the applicant to prove that maintenance conditions are still valid.

For a T2 holder, s/he may leave the country on completion of the assignment and come back separately on a visit visa for person travel purpose and then later again on official purpose using T2 (assuming it would remain valid.)

mantasingh
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Post by mantasingh » Fri Feb 17, 2012 10:52 pm

I don't see any issue here.
I am employed with an Indian company and is in UK for an assignment on my own Tier 1 Visa with that company.

I arrived 7 months late to UK after my Visa stamping. At immigration, lady asked me for the delay and I stated that my company didn't have a good assignment for me in the last 6-7 months. Now I got one and I am here.
She smiled and let me in.

Don't understand what's the fuss around here or do I need to be careful of something?

aosun007
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Post by aosun007 » Sat Feb 18, 2012 12:01 am

My understanding is that as long as the Tier 1 general visa is valid,there wont be any problem for you when you want to enter UK.There is no restriction on it,i dont see any reason why you should make application for Tier 2.Tier 1 is better than tier 2.
UKBA did not place any time limit for the holder to enter UK

mantasingh
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Post by mantasingh » Sat Feb 18, 2012 8:39 am

Agree with you aosun007.
UKBA has no role whatever you do with your VISA.
They granted it to you to work for any one and that means even if you are coming to UK to work for some client of your non UK company.

sts96508
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Post by sts96508 » Sat Feb 18, 2012 9:03 am

ban.s wrote:Infact, if one has T1, then, there is no need for a visit visa to come to this country.
There are posts in this forum which speak about T1 being cancelled if the holder declares at the immigration counter that he/she is entering the country to visit friends on the T1 visa.

PRadeep Itnal
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Post by PRadeep Itnal » Tue Feb 21, 2012 8:02 am

Thanks for all your feedback guys, I resigned from my current company will be looking out fresh in UK.

goldfish
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Post by goldfish » Tue Feb 21, 2012 9:26 am

If you have a Tier 1 and haven't entered the UK since it was issued, it remains valid even if you don't come to the UK for several (or many) months. You might have some questions at immigration, but the visa is valid provided you are coming here to live and work.

The more recent posts seem to be ignoring the fact that in this case, after getting his T1 Pradeep entered the UK and was issued a *visitor* visa. As far as I am aware, you cannot hold two types of visa simultaneously. And according to sushdmehta, who is an expert :), the visitor visa invalidates the Tier 1.

It would be good advice for Pradeep to check carefully whether his T1 is still valid, and to keep the forum updated if he attempts to enter the UK with it.

sts96508
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Location: uk

Post by sts96508 » Tue Feb 21, 2012 9:41 am

goldfish wrote:If you have a Tier 1 and haven't entered the UK since it was issued, it remains valid even if you don't come to the UK for several (or many) months. You might have some questions at immigration, but the visa is valid provided you are coming here to live and work.

The more recent posts seem to be ignoring the fact that in this case, after getting his T1 Pradeep entered the UK and was issued a *visitor* visa. As far as I am aware, you cannot hold two types of visa simultaneously. And according to sushdmehta, who is an expert :), the visitor visa invalidates the Tier 1.

It would be good advice for Pradeep to check carefully whether his T1 is still valid, and to keep the forum updated if he attempts to enter the UK with it.
I can only speak about my experience:

I entered UK on a visit(business) visa in May-2010 while still having a valid T1 visa.
Lady at immigration counter told me its the right thing to do - not using T1 for business visit.
My visit visa was stamped. I stayed in UK for a month. Went back to home country.
Visited UK in Sep-2010 for couple of weeks on T1 for job hunt. Went back without landing a job.
Finally got a job and entered UK again in May-2011 and have been here since.

If I had entered UK in May-2010 on my T1 visa the lady at the counter would have been well within
her rights to cancel my T1 visa on the spot. You will find posts about such cancellations in this forum.
Not that every such case is dealt with by T1 cancellation, discretion/ignorance among immigration
officials is rampant.

ScopeD
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Post by ScopeD » Tue Feb 21, 2012 10:01 am

sts96508 wrote:
ban.s wrote:Infact, if one has T1, then, there is no need for a visit visa to come to this country.
There are posts in this forum which speak about T1 being cancelled if the holder declares at the immigration counter that he/she is entering the country to visit friends on the T1 visa.
I think that is because a tier 1 visa is given on the understanding that one will live and work in the uk. When one uses this for a general visit to the UK, then the visa has not been used for its intended purpose, but for a different purpose for which there is a relevant category (visitor's visa). Think of a situation where one has a visitor's visa, and when they are asked at immigration for the purpose of their visit, they declare that they are here to look for a job... The immigration officer will not let that individual into the country because they are no longer using their visit visa for its intended purpose (which is to visit). I think this is to ensure that people use the correct visa every time they come to the UK (as in sts96508's case).

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