Questions About Switching From Tier 1 to Tier 2 - HARD to find answers.

[Tizzle_Wicks]

Hi All,

I am a past Tier-1 (GE) holder. Unfortunately, the homeoffice has deemed my £700K earnings as "assets" and has discounted everything I have done the last 3 years.

By no fault of anyone, I have been trying to apply for Tier 2 via my own SMS and been rejected because I applied for rCoS and CoS wrongly which caused the RLMT to expire (just 3 days).

Now that I have re-read the whole documents, I found out that there is a clause that Tier-1 GE holder don't have to carry out a RLMT. My question is, how we go about doing that and is there window for Tier-1 GE holders to apply after their last leave expired (assuming mine expired June 2018)?

I have read everything online and there are not step to step guidance to it at all.

I've been in this turmoil for almost a year now, spent thousands of pounds in legal fees whist trying to keep the company afloat. Still no one can give me a definite answer and HO staff is just as useless as they come.

Please advice.

[CR001]

So you have not left the UK to make a new Tier 1 Ent application outside the UK as you were advised in your lengthy other topic.

uk-tier-1-entrepreneur-visas/tier-1-cur ... l#p1623355

Your visa did not expire in June. Your visa was curtailed to October 2017 and your application and AR has been refused, which means you are an overstayer for many months now if you are still in the UK.

Are you trying to sponsor yourself through your own company??

Note that you are no longer a Tier 1 Graduate Ent visa holder. Your 'window' to apply within the UK has passed a long time ago. What exactly have you been doing since your AR refusal in April??

[marcnath]

Hi All,

I am a past Tier-1 (GE) holder. Unfortunately, the homeoffice has deemed my £700K earnings as "assets" and has discounted everything I have done the last 3 years.

By no fault of anyone, I have been trying to apply for Tier 2 via my own SMS and been rejected because I applied for rCoS and CoS wrongly which caused the RLMT to expire (just 3 days).

Now that I have re-read the whole documents, I found out that there is a clause that Tier-1 GE holder don't have to carry out a RLMT. My question is, how we go about doing that and is there window for Tier-1 GE holders to apply after their last leave expired (assuming mine expired June 2018)?

I have read everything online and there are not step to step guidance to it at all.

I've been in this turmoil for almost a year now, spent thousands of pounds in legal fees whist trying to keep the company afloat. Still no one can give me a definite answer and HO staff is just as useless as they come.

Please advice.

As @CR001 pointed out, you are an overstayer now and can no longer switch your visa. When was your Tier 2 rejected ?

[Tizzle_Wicks]

So you have not left the UK to make a new Tier 1 Ent application outside the UK as you were advised in your lengthy other topic.

uk-tier-1-entrepreneur-visas/tier-1-cur ... l#p1623355

Your visa did not expire in June. Your visa was curtailed to October 2017 and your application and AR has been refused, which means you are an overstayer for many months now if you are still in the UK.

Are you trying to sponsor yourself through your own company??

Note that you are no longer a Tier 1 Graduate Ent visa holder. Your 'window' to apply within the UK has passed a long time ago. What exactly have you been doing since your AR refusal in April??

Yes I have left since my last Administrative Review

[Tizzle_Wicks]

Hi All,

I am a past Tier-1 (GE) holder. Unfortunately, the homeoffice has deemed my £700K earnings as "assets" and has discounted everything I have done the last 3 years.

By no fault of anyone, I have been trying to apply for Tier 2 via my own SMS and been rejected because I applied for rCoS and CoS wrongly which caused the RLMT to expire (just 3 days).

Now that I have re-read the whole documents, I found out that there is a clause that Tier-1 GE holder don't have to carry out a RLMT. My question is, how we go about doing that and is there window for Tier-1 GE holders to apply after their last leave expired (assuming mine expired June 2018)?

I have read everything online and there are not step to step guidance to it at all.

I've been in this turmoil for almost a year now, spent thousands of pounds in legal fees whist trying to keep the company afloat. Still no one can give me a definite answer and HO staff is just as useless as they come.

Please advice.

As @CR001 pointed out, you are an overstayer now and can no longer switch your visa. When was your Tier 2 rejected ?

I have left, and tier 2 was rejected on the 18/12 even though we scored 31 points - I assumed the RLMT was valid for 6 months AFTER the 28 days, not during.

[marcnath]

Ok. There is no window for not requiring RMLT. That is only applicable to those switching.

[CR001]

By no fault of anyone, I have been trying to apply for Tier 2 via my own SMS and been rejected because I applied for rCoS and CoS wrongly which caused the RLMT to expire (just 3 days).

Are you trying to sponsor yourself through your own company??

Useful if you answer this question and also state what date it was that you left the UK??

[Tizzle_Wicks]

Yes, we left in September within 14 days of our final administrative review.

Is there nothing at all that can be done at this point?