Tier 2 Switching While awaiting Tribunal Hearing

[joe55]

Dear Friends,

I am in pathetic situation now. And running up an down solicitor office since from December. So I thought its time to ask some one experienced in here for an opinion.
Long Story Short

I came to this country 2005 been in this country did my studies until 2011 applied for PSW upon expiring got an offer from a Tier 2 company mean while applied for ILR on 10 year basis, but got rejected and appealed against this decision due to the time spent outside uk was more than 180 days. While waiting for appeal Sponsor informed UKVI change of status. Haven't receive any curtailment letter. Waiting for Tribunal Date.it's a long wait and still have a initial Tier 2 valid for another 2 months. Been offered a job by another Tier 2 Employer who is waiting for there Licence to come through offering a job with better package than my previous employer.

My questions are

1 . Can I switch to a different Tier 2 sponsor while I waiting for a hearing date ?

2 . After seeing the time frame for Tier 2 Licence application, I am pretty sure this will take some time, Will my employer will be able to sponsor me or not ?

3. If my current Tier 2 expire then I won't be able to switch into any other category , is that right ?

4. If the employer's Tier 2 licence not come on time and Curtailment (60 days) has passed. Will I be able to switch into FLR(o) and then apply for Tier 2 .

5. Let's say everything go well and I got the Tier 2 With my new employer. Will I be able to continue my Immigration appeal ?


Dear Friends , I know It's a long list but this all are the doubts I got after visiting 2-3 solicitors in the past 2-3 months. I am tired of spending all the money and need to set my mind and make a decision before I start that's why I am giving you guys a bit of hard time.

Really sorry friends

Thanks for taking time to got through my topic

[geriatrix]

You cannot make a new application while an appeal is outstanding. If you wish to make a new immigration application, you must first withdraw the appeal.

[joe55]

Thanks Geriatrix . So that's the answer for question 5 . So how about if I withdraw my application and put a fresh application for Tier 2. Or I apply for a curtailment letter as my current Tier 2 visa for 2 more months and before that 60 days I apply for new tier 2 visa.

[geriatrix]

The only way you can make a new application:

1. Find a new employer who is ready to sponsor you and provide you with the a uCoS.
2. When you are ready with all documentary evidences and necessary supporting material to make a new Tier 2 application with a uCoS from the new sponsor, withdraw your appeal.
3. Make a new application ASAP after receiving confirmation of withdrawal (and definitely within 28 days of withdrawing the appeal).

[joe55]

Thanks Geriatrix. So are you saying don't need to wait for curtailment letter or the date of my current visa expires. As soon as my sponsor ready to issue my COS just cancel my appeal and apply for Tier 2 within 28 days ? Is that right ?