Immigration status while switching from T1(G) to T2(G)

[cherrypie]

Hi All,

I am currently in the UK on a Tier 1 visa which expires in Feb 2017.
My employee is about the start the process to apply for a sponsorship licence so that they can sponsor me and I could switch from a Tier 1 (G) visa to a Tier 2 (G) visa.

Has anyone been through this process already?
I am trying to figure out what my immigration status will be at the following times:
1) when my employer makes their application for a sponsorship licence
2) when employer applies for CoS
3) when I make my tier 2 (G) application

I have found in the guidance that I am allowed to stay in the country while I make my application but I do not know if I will be able to work in that time.

I have also not been able to find any information to say if my Tier 1 visa will be valid throughout the process. Or if my Tier 1 visa remains valid if the Tier 2 application is unsuccessful.

Please could you point me towards the guidance regarding this.

Many thanks,
N

[CR001]

Hi All,

I am currently in the UK on a Tier 1 visa which expires in Feb 2017.
My employee is about the start the process to apply for a sponsorship licence so that they can sponsor me and I could switch from a Tier 1 (G) visa to a Tier 2 (G) visa.

Has anyone been through this process already?
I am trying to figure out what my immigration status will be at the following times:
1) when my employer makes their application for a sponsorship licence Tier 1 General
2) when employer applies for CoS Tier 1 General
3) when I make my tier 2 (G) application Tier 1 General until and if Tier 2 General is approved/issued

I have found in the guidance that I am allowed to stay in the country while I make my application but I do not know if I will be able to work in that time. You can work, why do you think you can't? You have a valid visa.

I have also not been able to find any information to say if my Tier 1 visa will be valid throughout the process. Or if my Tier 1 visa remains valid if the Tier 2 application is unsuccessful. Tier 1 G remains valid if your Tier 2 G is refused.

Please could you point me towards the guidance regarding this.

Many thanks,
N

Why are you switching? How long have you been on Tier 1 General?

[cherrypie]

Hi CR,

Thank you for replying to my post. Please could you point me to the guidance which states this?Have you been through the process already?
I will fall 8 months short of ILR when my tier 1 visa expires so I need to switch to remain here.

Cheers,
N

[CR001]

It is common sense and logical that your existing visa conditions continue until such time as your new other category visa is granted.

An employer applying for a sponsorship license or CoS has no bearing on your existing visa. It is their processes and separate to your status. Also, submitting an application makes do difference on your current visa. Only an approval of another visa will cancel your existing visa as you cannot hold two visas at the same time.

Your employer has to make sure that they follow the full and proper RLMT process though as if they don't, you will be refused a Tier 2 General visa, especially if HO thinks you have been pre-selected for the position.

[cherrypie]

Thanks CR,

Yes, it all seemed straight forward initially, but then my company started to speaking to immigration lawyers who have throughly confused us.

We think the following applies to me:
1) No RLMT because my job is on the shortage occupation list
2) And my CoS will be unrestricted because I am switching from Tier1

I have actually been preselected for the job though because I have been working for this company since 2012. My job is a specialist job where I have been developing new technologies so we can prove a suitable UK candidate cannot come in and take over from me. As a company we have been trying to expand and have not been able to find suitable employees to work under me. So we think we have a good case.

However, we want to be extra careful presenting the case and make sure we have all our ducks in a row.

Thank you for all your help.

Cheers,
N

[CR001]

If your SOC and job is definitely on the shortage occupation list, I can't see a problem.

Your existing visa is not affected at all until the new visa is approved.

[cherrypie]

Hi All,

I just thought I would update my post to help anyone who may find themselves in a similar position to myself, switching from T1 to T2 visa.

My current T1 leave expires in Feb 2017 and I will be 8 months short to qualify for ILR.

My company applied for a sponsor licence for 1 one unrestricted CoS allocation on July 8th, 2016. All information about me was declared at the sponsor application stage. We did not have to complete the RLMT as my job is a shortage occupation. Sponsor licence was approved on July 28th, 2016 with one 1 CoS available.

Company assigned the CoS to me on Oct 13th, 2016 using the SMS system. The process was automatic and the CoS was generated after payment was made.

I applied for T2 visa using online form on Oct 13th, 2016. Both NHS surcharge and visa application fee were debited from card on the same date and supporting documents posted to Home Office yesterday, Oct 15th, 2016. I will post on the Tier 2 forum to update my progress.

I hope this may help any of you in a similar situation.

Cheers,
N

[VanessaSONG]

Hi Cherry,

May I ask why your company assign your COS in Oct while you got your sponsor licence end of July?

I ask this as I am worrying that will it takes too long to assign an unstricted CoS after sponsor licence granted.

My visa will expires Feb 2017 and my company is going to submit the sponsor licence application by post today.

I am worrying about the time .

V

Hi All,

I just thought I would update my post to help anyone who may find themselves in a similar position to myself, switching from T1 to T2 visa.

My current T1 leave expires in Feb 2017 and I will be 8 months short to qualify for ILR.

My company applied for a sponsor licence for 1 one unrestricted CoS allocation on July 8th, 2016. All information about me was declared at the sponsor application stage. We did not have to complete the RLMT as my job is a shortage occupation. Sponsor licence was approved on July 28th, 2016 with one 1 CoS available.

Company assigned the CoS to me on Oct 13th, 2016 using the SMS system. The process was automatic and the CoS was generated after payment was made.

I applied for T2 visa using online form on Oct 13th, 2016. Both NHS surcharge and visa application fee were debited from card on the same date and supporting documents posted to Home Office yesterday, Oct 15th, 2016. I will post on the Tier 2 forum to update my progress.

I hope this may help any of you in a similar situation.

Cheers,
N