Returning to the UK on a visitor's visa shortly after a Tier 2 work visa
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Can I (a US citizen) leave and then return to the UK and stay as a tourist for several weeks shortly after a Tier 2 work visa expires? I, a US citizen with no other citizenships, had a job in the UK which ended on June 30, and my Tier 2 work visa expires on July 14. If I leave the https://en.wikipedia.org/wiki/Common_Travel_Area for a few days, by heading to Poland, and come back on July 18, would I be able to stay in the UK as a visitor for 1-2 months? Confounding factor: While I would not be working in the UK, I am applying for academic jobs in the UK and the Republic of Ireland -- one reason I would like to stay until early August or so is so that I could attend interviews relatively easily without having to resort to transatlanic flights or Skype. (I realize that if I were to be offered a job, I would need to exit the country to apply for a new Tier 2 visa.) Calling the UK Visa folks cost me money, and all they did was email me a link to their website again anyway. Might calling the US Embassy in London be a better gamble? (The US Consulate in Belfast didn't seem to think they were up to the task of advising me on this.)
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Answer:
As a recipient of a working visa, you're going to face additional scrutiny if you leave with an expiring visa and try to return under the Visa Waiver Programme a few days later. You technically wouldn't be doing anything wrong, but the 'Schengen/CTA Reset' trip is something that UKBA will look for and could easily refuse you entry for attempting. It's less likely if you're not trying to chain together a bunch of VWP stays, but it's still a risk. I'd ask this question over at http://talk.uk-yankee.com/, where you might get more detailed answers.
dhens at Ask.Metafilter.Com Visit the source
Other answers
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421842/Tier_2_Guidance_04_2015.pdf are the complete rules for Tier 2 visas. Section 73 seems pretty clear that there is always a one year cooling off period except in some very specific circumstances.
MsMolly
The third answer http://bma.org.uk/practical-support-at-work/immigration/guide-to-uk-immigration/common-problems-and-how-to-avoid-them seems to speak to your scenario and indicates that the problem is not leaving and coming back for vacation, but that there is a one year cooling off period between Tier 2 visas.
MsMolly
MsMolly: Yeah, I had seen that. When I called the UK visa people today though they said that that wouldn't be a problem (?!?) Thanks for the link, HappyDave
dhens
MsMolly: Thanks. Ugh. The odd part is I have actually had some interviews with UK universities in the meantime for jobs that would start in September 2015. Perhaps they didn't know. Follow-up: Can anyone recommend an immigration solicitor in Belfast?
dhens
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