# Tier 2 Visa Denial?



## ExpatPumpkin (May 30, 2010)

Any common reasons why a Tier 2 work visa would be denied? We got emails today saying our passports and documents were being returned... An explanation and appeal options will be enclosed, but we won't receive everything until Wednesday. 

In the meanwhile, we're absolutely shocked. My husband's more than qualified on the points system (75 with 50 needed) and we're being sponsored as an intra-company transfer. What gives?


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## Joppa (Sep 7, 2009)

ExpatPumpkin said:


> Any common reasons why a Tier 2 work visa would be denied? We got emails today saying our passports and documents were being returned... An explanation and appeal options will be enclosed, but we won't receive everything until Wednesday.
> 
> In the meanwhile, we're absolutely shocked. My husband's more than qualified on the points system (75 with 50 needed) and we're being sponsored as an intra-company transfer. What gives?


Hard to tell without knowing all the details. You just have to wait for information from the consulate. In any event, ask your company to back any appeal or re-submission. Maybe there was a technical error or omission in the documents submitted, or in the details entered on the application form. They can be very fussy about these things. For example, if they ask you to submit bank statement covering the past three months, but you only produce for the last 2 1/2 months, they can reject your application. One of the areas of contention in an intra-company transfer is your status and experience as an employee. If they consider you to be not senior or experienced enough and therefore not indispensable, despite the fact your company has said you are needed for their operation in UK, you can be turned down. So wait for their reason and plan your next move.


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## ExpatPumpkin (May 30, 2010)

Thanks for your response. I'm sure it must be a mistake or that something's missing from the application... But as you can imagine we're pretty anxious - especially since we have to wait until Wednesday for the explanation. It's only Monday evening here.


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## US-UK (May 11, 2010)

Interesting? Would you care sharing any details? IE what does he do? I'm in the early process of my own visa application. I too meet the points necessary for a Tier 2 intra-company transfer, though not as much as him. I'm in IT and essentially pretty senior. It will be interesting to find out what my end result will be.


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## Little G (May 3, 2009)

Wait and see what they say. I'm sure they'll send a four page letter detailing the reasons for the denial. The government has recently imposed a temporary cap on T2 ICT applications so it may have something to do with that. Though, they wouldn't have been able to issue your certificate of sponsorship if they were affected by the cap.

g


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## ExpatPumpkin (May 30, 2010)

Okay, so we got our stuff back... They stated that some of our supporting documents weren't acceptable because they weren't in English:

- 12 months of payslips: Even though we attached a letter in English explaining what the payslips were, they evidently want each individual page translated. The payslips are basically numbers, but okay... And it's 24 pages.

- My husband's MBA transcript: This was actually in English, but because it's from a Spanish university, it had a few words in Spanish at the top of the page. So they decided it wasn't in English.

Because the documents weren't acceptable, he couldn't be awarded points for them. Hence the refusal 

The obvious solution would be to translate these documents and return them, but they won't accept additional info. 

So I guess we have to start over. And they kept all the acceptable translations (our marriage certificate, etc.), so now we have to get those translated again to enclose in our new application!

*QUESTION: Do we need a new Certificate of Sponsorship, or can we apply again with the current one?*


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## lahin (Jun 16, 2012)

Hi I am in a tricky situation. any help on this will be much appreciated:

situation: I have a Cos and have decided to take my husband and kid as dependents..along with me to UK under Tier 2 intra company transfer. As per the rules, the dependent (if working) should produce a resignation letter or letter stating absence on loss of pay for a duration of his stay. 

My husband is unable to quit as his company is not encouraging it nor are they ready to give him a letter of absence / no objection letter. Instead they have agreed that he could work from home. 

In such a situation I am unable to produce the relevant documents. If I state that my dependent (husband) is not working and proceed with visa processing, will I be in trouble? Do they verify the documents thoroughly?

Any advise on this will be helpful. its urgent.

Thanks


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## AnAmericanInScotland (Feb 8, 2012)

lahin said:


> Hi I am in a tricky situation. any help on this will be much appreciated:
> 
> situation: I have a Cos and have decided to take my husband and kid as dependents..along with me to UK under Tier 2 intra company transfer. As per the rules, the dependent (if working) should produce a resignation letter or letter stating absence on loss of pay for a duration of his stay.
> 
> ...


I think the key thing here is-will your husband be permitted to work whilst in the UK with you. Check the relevant UKBA site pages regarding family members in that immigration category to find out.

If yes that under that immigration category he will be permitted to work, then I'd think all you need to submit is a formal letter from his employer regarding his continued employment through telecommuting. Make sure you note that you both understand his earned income whilst in the UK may be taxable in both countries per whatever tax laws apply.


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## lahin (Jun 16, 2012)

thank you for the reply. 

Below are the list of duments am suppose to produce for my husband...I am unable to produce the below documents. Instead can I just say he is not working?

_If traveling along with dependants the below documents are required :-

Original Passport(for all applicants)
2 Photos with 80% face coverage ((Preferable to be taken at VFS location)
2 DD's ( for Visa fees + Passport courier charge)
Maintenance Letter for each dependant (ted by the Authorised signatory)
Marriage Certificate in Original + Copy.
Visa form online
If the Spouse is working in any Organization , a relieving letter (in case of resignation) or leave letter on the Company's Letter Head.
CoS copy ( Mail) - for each dependant
Birth Certificate in Original for the Child + Copy
No objection letter to be provided by Principal Applicant if the child is travelling with the 1 parent.
Thumb Impression of the Child is required on the Visa Application Form with Father/Mother’s Signature besides the Child's Thumb Impressions
If the Child is School going Kid, a letter from the School authorities stating that a leave is granted has to be enclosed._


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## AnAmericanInScotland (Feb 8, 2012)

Saying that he isn't working when he is violates the Immigration Rules. The UKBA really doesn't like that. Why would you not be comfortable about sending along a letter from his current employer stating the conditions of telecommuting?

If he is allowed to work whilst in the UK with you, why not tell the UKBA about the job and understanding that you must pay all applicable taxes? 

I don't know the exact penalties but I would think deportation would be one if deception is discovered-you really do not want to say he is not working if he really is. 

If you can't supply the documents without a really good explanation that the UKBA accepts, your application will very likely be refused.


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## lahin (Jun 16, 2012)

Hi, Thank you for the response.
Are you able to please list the documents that is required for dependents traveling to UK. Now in my case the primary applicant (myself) going to uk through Tier 2 intra company transfer.

Any relevant links will also be helpful. I have googled but unable to get the exact set of documents :-(


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## AnAmericanInScotland (Feb 8, 2012)

lahin said:


> Hi, Thank you for the response.
> Are you able to please list the documents that is required for dependents traveling to UK. Now in my case the primary applicant (myself) going to uk through Tier 2 intra company transfer.
> 
> Any relevant links will also be helpful. I have googled but unable to get the exact set of documents :-(


You should only be using the UKBA site for any real information:

UK Border Agency | Tier 2 (General)

UK Border Agency | Bringing your family

Please note the links on the second link I've posted-all the information you need is there, including documents required, and on the left side navigation bar, you will see a link to information regarding permission for your husband to work.

Which btw he can do. So the letter from his current employer saying he can work from home in the UK (commonly known as telecommuting) would need to be included.

ETA: remember to bookmark those links


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