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can I apply for Tier-1 from within the UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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orphean
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Joined: Wed Aug 26, 2009 4:29 pm

can I apply for Tier-1 from within the UK

Post by orphean » Wed Aug 26, 2009 4:33 pm

Hi,

I have two choices.

My wife is currently in the UK on a student visa (MBA). I can go and work for my company on a student-dependent visa.

I can also apply for a Tier-1 visa.

However, can I go on a dependent visa and then apply for a tier-1 from within the UK (while I am on a student dependent visa), or will I have to come out of the country to apply?

pkumar
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Posts: 430
Joined: Sun May 31, 2009 10:56 pm

Post by pkumar » Wed Aug 26, 2009 6:39 pm

Dependent cannot switch from within country. they have to go to there home country.

ChetanOjha
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Re: can I apply for Tier-1 from within the UK

Post by ChetanOjha » Wed Aug 26, 2009 7:36 pm

orphean wrote:Hi,

I have two choices.

My wife is currently in the UK on a student visa (MBA). I can go and work for my company on a student-dependent visa.

I can also apply for a Tier-1 visa.

However, can I go on a dependent visa and then apply for a tier-1 from within the UK (while I am on a student dependent visa), or will I have to come out of the country to apply?
You cannot switch from dependent to Tier-1(main applicant) from within country. To do so, you would need to go back to your home country and make a fresh application.

rohitktm
Member
Posts: 119
Joined: Mon Jul 27, 2009 10:05 am

Post by rohitktm » Thu Aug 27, 2009 7:16 pm

I have the same situation. Yes you have to go back to your home country and apply for Tier 1 from there. Can't do from UK itself.

sunandoghosh
Newbie
Posts: 30
Joined: Sat Mar 03, 2007 3:52 pm

Post by sunandoghosh » Mon Aug 31, 2009 5:55 pm

Hi Friends,

I am in UK from last few weeks on Tier 2 Intra Company Transfer Visa which is valid for 6 months.

Can i apply got Tier 1 General Visa from within UK if I meet all criteria.

Or do i need to go back to India and then apply.

Pls guide.
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Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.

ChetanOjha
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Joined: Thu Dec 28, 2006 12:49 am
Location: London
United Kingdom

Post by ChetanOjha » Mon Aug 31, 2009 8:10 pm

sunandoghosh wrote:Hi Friends,

I am in UK from last few weeks on Tier 2 Intra Company Transfer Visa which is valid for 6 months.

Can i apply got Tier 1 General Visa from within UK if I meet all criteria.

Or do i need to go back to India and then apply.

Pls guide.
-------------------------------------------------------------------------------
Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.
Yes you can apply from within country for Tier-1.

sunandoghosh
Newbie
Posts: 30
Joined: Sat Mar 03, 2007 3:52 pm

Post by sunandoghosh » Tue Sep 01, 2009 8:49 pm

chetanojha wrote:
sunandoghosh wrote:Hi Friends,

I am in UK from last few weeks on Tier 2 Intra Company Transfer Visa which is valid for 6 months.

Can i apply got Tier 1 General Visa from within UK if I meet all criteria.

Or do i need to go back to India and then apply.

Pls guide.
-------------------------------------------------------------------------------
Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.
Thanks. One more q pls -

Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.

Yes you can apply from within country for Tier-1.

sunandoghosh
Newbie
Posts: 30
Joined: Sat Mar 03, 2007 3:52 pm

Post by sunandoghosh » Tue Sep 01, 2009 8:50 pm

Thanks one more q pls ---

Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.

push
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Location: London
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Post by push » Tue Sep 01, 2009 9:44 pm

sunandoghosh wrote:Thanks one more q pls ---

Also once I get say Tier 1 visa (here assuming that I could have applied from within) then can i still continue working for time being on tier 2 intra company without disclosing my employer of tier 1.
Tier-1 will override the existing VISA. Your employer might be doing n number of things like not paying NI based on the assumption that you are on Tier-2. If you switch to TIER-1 this could create an inadvertent non-compliance with certain statutory obligations. It is advisable thatyou disclose change in your VISA status to your employer.
regards,
push
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sunandoghosh
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Post by sunandoghosh » Wed Sep 02, 2009 2:47 am

Hi...Thnx for ur reply.

If what u say is technically correct from an immigration UK law perspective then as u very well said - inadvertent non - complaince may arise.

So another question as a follow on to this would be -

What are the advantages / disadvantages of applying / switching from Tier 2 Inta comp visa to Tier 1 General Migrant Category from within UK as VS. from India.

One or two things that come to my mind is - If i switch here in Uk - then no entry clearance would be required.

Another would be that from within UK funds requirment is only pounds 800 here whereas its 2800 from India.

But what exactly from a practical perspective are the relative merits demerits in terms of strength of application in getting not getting a visa.

Appreciate your insight.

pkumar
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Joined: Sun May 31, 2009 10:56 pm

Post by pkumar » Wed Sep 02, 2009 6:03 pm

If all your paperwork (paystubs and bank statements) is from india then there might be delay.

push
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Location: London
United Kingdom

Post by push » Wed Sep 02, 2009 10:12 pm

sunandoghosh wrote:One or two things that come to my mind is - If i switch here in Uk - then no entry clearance would be required.
Switching as an in country applicant and Entry Clearance are not different at all from the procedural perspective
sunandoghosh wrote:But what exactly from a practical perspective are the relative merits demerits in terms of strength of application in getting not getting a visa.
Where you apply from should not add strength to/ weakens one's application at all.
regards,
push
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push
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Post by push » Wed Sep 02, 2009 10:14 pm

Why cant you simply switch into Tier-1 and inform your employer that you are on a different VISA category?
regards,
push
Important: Please read this Disclaimer

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