Holidaying on Tier 1 Visa

rnvv · Post by **rnvv** » Thu Jun 25, 2009 11:25 am

Hi - I plan on visiting the UK for a couple of weeks on holiday in July. My tier 1 visa is valid from april 2009 to april 2012. Any idea if I'd face any issues at immigration? I dont intend moving to the UK till late this year or potentially next year even... so in other words, I am treating the visa on this occasion as a multiple entry tourist visa.

thanks very much.

palxxx · Post by **palxxx** » Thu Jun 25, 2009 10:29 pm

rnvv wrote:Hi - I plan on visiting the UK for a couple of weeks on holiday in July. My tier 1 visa is valid from april 2009 to april 2012. Any idea if I'd face any issues at immigration? I dont intend moving to the UK till late this year or potentially next year even... so in other words, I am treating the visa on this occasion as a multiple entry tourist visa.

thanks very much.

Tier1 Visa gives you the right to come to and live in UK even if you don't have a job. You might not be coming here to stay for long this time, but I recommend you not to mention you as a tourist - tourist visa is different kind of visa and after all you are not a tourist, so why to confuse the immigration officer - you can live in this country if you really wish to.

Just make it simple. Come here, get your visa stamped and if you want return back after couple of weeks, you always can. Tier 1 is a multiple entry visa.

I would be eager to see what push_hsmp advise you on this.

Post by **push** » Thu Jun 25, 2009 11:51 pm

Agree. However, one should not do anything in contravention of the stated purpose of VISA. Tier-1 is for coming to UK and settling down as an economically active resident. At the same time nothing stops you from lying to the immigration officer - I leave judgement over the morality & legality (its not only the act but also the intention which counts) of the issue entirely to you.

If one goes by the book (rules+underlying spirit), what you intend to do should not be seen as any different from coming here on a tourist VISA and start working full time.

mvent00 · Post by **mvent00** » Thu Jun 25, 2009 11:59 pm

Does this mean if you have a Tier 1 visa and you intend to enter UK as a visitor then you should apply for a tourist visa?

push_hsmp wrote:
If one goes by the book (rules+underlying spirit), what you intend to do should not be seen as any different from coming here on a tourist VISA and start working full time.

bani · Post by **bani** » Fri Jun 26, 2009 2:40 am

You can always tell the immigration officer that you are coming on a first trip to check out places to work and live. I don't think there's anything wrong with using the Tier 1 visa to move to the UK "gradually" or in a few trips. In fact, this may be the wiser approach for a lot of people. After all, you do intend to settle here so telling the IO this isn't exactly a lie.

But I wouldn't tell the IO that you are just visiting as a tourist. That is not the intention of the Tier 1 visa. He/she might think you will just use it as a long term multiple entry tourist visa (and will never settle here), not a good idea.

palxxx · Post by **palxxx** » Fri Jun 26, 2009 2:11 pm

I didn't meant to say to lie to IO. Sorry, if I am unserstood that way.

As Bani says there is no wrong using the Tier 1 visa to move to the UK "gradually" or in a few trips.

In fact, this may be wiser as you may appear for some interviews - look for job - see the response - look for the place to live - understand basic ground rules - social responsibilities etc.

But, if you think you will never come here to settle down, then I would suggest you to apply for tourist visa to stay inline to the actual purpose.

Thanks,
Palxxx
Lets sail together.

tech · Post by **tech** » Sat Jun 27, 2009 5:36 am

The word "settle" means you have legal right to stay in the UK which Tier 1 general doesn't give you or any visa which has got expiry date for that matter. Only citizenship and ILR does that.

Tier 1 General gives access to UK job maket without any restrictions.
You can try and see whether it works out. 5 years is long time and rules can change anytime. It is good to plan for ILR from the day 1,but it is lot more important to plan for your Tier 1 extension at this point.

For e.g.If the rule changes and ask to prove your economic activity for all 3 years in your field of expetise, then you will be ready to handle the situation.

Post by **push** » Sat Jun 27, 2009 11:23 am

tech wrote:The word "settle" means you have legal right to stay in the UK which Tier 1 general doesn't give you or any visa which has got expiry date for that matter. Only citizenship and ILR does that.

Objective of Tier-1 (G) is ultimate settlement (leading to settlement) as opposed to non-settlement VISA categories like visitor/student/tourist/transit etc.

Post by **push** » Sat Jun 27, 2009 11:28 am

See this:

Form SET(O)
Form SET(O) is for many other types of settlement applications. You can use form SET(O) if you are:

a work permit holder;
in employment not requiring a work permit;
a business person;
an innovator;
an investor;
a highly skilled migrant;
a bereaved partner;
a representative of an overseas newspaper, news agency or broadcasting organisation;
a private servant in a diplomatic household;
an overseas government employee;
a minister of religion, missionary or member of a religious order;
an airport-based operational staff of an overseas-owned airline;
a person with United Kingdom ancestry;
a writer, composer or artist;
a person with long residence in the United Kingdom;
a former member of HM Forces; or
a person who is in the United Kingdom for other purposes or reasons not covered by other application forms (this does not include asylum).

jessica_halida · Post by **jessica_halida** » Tue Apr 19, 2011 2:12 pm

I know this is kind of an old thread but I thought I need to hear several expert advise on this again.

My situation : I am on Tier 1 (General) valid until 2013 with my 4 year old son as my dependant. My husband is on Tier 1(PSW) valid until 2012. After he graduated february 2010, he work for the university for 6 month. However, he decide to go for consulting job then after. He got a job in London, however he got transfered to their headquarter in SEA (south east asia). He signed his employment contract in SEA and paid in local currency. However, they agree on an arrangement that every 3 month my husband could return to UK on upaid leave to visit us.

Question : my husband visited us twice with his Tier1 PSW visa. On his 3rd visit Dec 2011 - he plans to look for job back in UK. Is this possible? Or should I apply for a dependant visa for him?
I will be eligible for ILR in early 2012, I try to avoid applying dependant visa for him since he would have to switch to spouse visa when I get my ILR. Am I right?

bani · Post by **bani** » Tue Apr 19, 2011 10:37 pm

jessica_halida wrote: Question : my husband visited us twice with his Tier1 PSW visa. On his 3rd visit Dec 2011 - he plans to look for job back in UK. Is this possible? Or should I apply for a dependant visa for him?
I will be eligible for ILR in early 2012, I try to avoid applying dependant visa for him since he would have to switch to spouse visa when I get my ILR. Am I right?

Yes this is possible. But it is risky, he may be questioned on why he isn't using his Tier 1 PSW that he's had since 2010. If he is to do this, I suggest he book some interviews already and have all the paperwork with him.

There is one case of someone who was deported and Tier 1 cancelled because she had Tier 1 but was only visiting her boyfriend in the UK for 2 weeks (even though she was planning to move to the UK in a few months). I think immigration overreacted and an appeal was made but I'm not sure if the Tier 1 was eventually reinstated.

jessica_halida · Post by **jessica_halida** » Wed Apr 20, 2011 2:01 pm

Thanks Bani,

That what I am scared off. On the other hand, my husband still pays council tax in UK, even still have a mortgage here.
I have a friend who on similar situation as him, except that his job contract was actually in UK, but his work place is in Dubai. He came back home(UK) every 3 month and the officer does not seems to question him when he answered he is on "business trip".

nionlight · Post by **nionlight** » Wed Apr 20, 2011 4:30 pm

Bottom line is no matter how many times you hear, or read "Honesty is the best policy" in reality it isn't always. Honesty in an dishonest systems is just digging your own grave. Uk immigration policy is a dishonest piece of crap.
if you tell the immigration office, you are coming to visit uk, there is a chance you wont be able to enter in the UK. Just mention, this is you first trip, no need to mention about visiting or anything that sort.

jessica_halida · Post by **jessica_halida** » Tue Apr 26, 2011 1:01 am

Thanks everyone for your input.
My husband made it safely to UK yet again. The immigration officer seems to be satisfied when he showed him he is working on management consulting industry (and yes his company has office in both UK and Indonesia) and never ask what his intention of coming. Probably I am just being over paranoid!

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