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I'm from Pakistan. My fiancée visa for the UK was rejected last year, and the engagement was broken off. Now, I want to apply for a Tier 2 visa because of an intra-company transfer.

I've been doing the job here in Pakistan for the last two years, working in a well-known designer shop. It has 3 or 4 branches in the UK. They want me to work for them in the UK and are going to sponsor me.

What should I do? Can I apply for a work permit or an intra-company transfer visa after these two rejection stamps for the fiancée visa? The rejections happened a year ago.

I don't know whether I can get the Tier 2 visa after the fiancée visa rejection.

migrated from travel.stackexchange.com Oct 21 '16 at 14:09

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  • it's unbelievable YOU would apply. the company will do it for you using THEIR legal representation. your question would be like asking "how do I do the accounting for the company i work for??" you could no more do it than fly through the air - you have nothing to worry about, your company will do everything for you, using their solicitors. – Fattie Oct 21 '16 at 14:18
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    @JoeBlow the company will use their legal team to produce the CoS, but but beyond the CoS all the responsibility falls on the applicant. – StrongBad Oct 21 '16 at 17:12
  • @StrongBad as far as the UK is concerned, responsibility may fall on the applicant, but if the company is serious about wanting to get their employee to their office in the UK, they will provide legal advice and other support services to ensure that her application is as strong as it possibly can be, and pay for any expenses she may incur in the process. – phoog Oct 21 '16 at 19:26
  • @phoog maybe. At my previous job (faculty at a university so tier 2 general not intra-company) there was no help (or money) beyond the CoS. – StrongBad Oct 21 '16 at 19:29
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    @phoog depends what you mean. Universities pay on a fixed salary scale. Since I had to pay visa and legal fees, I essentially made less than my colleagues. This is getting off-topic. Lets continue it in Expatriates Chat. – StrongBad Oct 21 '16 at 20:02
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You have been refused for a fiance visa, we don't know why. You now want to apply for a Tier 2 Inter-company Transfer (T2 ICT). And your question is...

What should I do?

A T2 ICT is laid out such that you are actually a minor player. The host company does all of the heavy lifting by getting their license and then by issuing a Certificate of Sponsorship (COS). This makes them stakeholders in the outcome because a refusal will get logged against their license and make it more difficult to renew it. Moreover they will have to find a replacement for the work you would be doing.

Your immediate role is to get the refusal letter for your fiance visa and send it to the host company so that they make an informed judgement before issuing the COS. Not doing this would be unprofessional and likely get them upset.

If they decide to proceed with the COS, then it's down to you to make the application and follow through on it.

Normally UKVI eschews issuing a temporary visa when the applicant has previously failed on a settlement visa because they can suspect a secondary agenda (i.e., settlement) make appear once you arrive in the UK. But if the host company knows about it and they are willing to proceed, you do not have a lot to lose except a refusal on the PBS side to accompany your refusal on the family formation side. We don't know enough about your personal circumstances to help you make that decision.

So the best practices advice is to send your refusal letter and if they still want to proceed, then ask them to instruct a solicitor on your behalf.

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