Switching Tier 1 from a valid Tier 2 Intra Company Transfer

[dreamtier1]

Apologies if this question has been raised and answered, as I was not able to find the same in the forum.. I am a valid Tier 2 (Intra Company Transfer) holder till 2011. However I like to switch to Tier 1 (General) and plan to apply from India shortly.. However I have a doubt whether I need to inform my present employer (from whom I have a valid visa now) before I apply and get any form of letters to show their non objection ? For the reasons which are obvious , I dont want to reveal my Tier 1 general plans to my present employer till I get awarded Tier 1(Gen)- and to resign and move if I get my visa after informing them, so any form of letter from them on this will be difficult (Can get there letter for Salary proof or other required )

What will happen to my Tier 2 (logically I assume this wil get cancelled), if I get awarded Tier 1 Gen and when the present emplyer should been informed (if the above raised question has a NO as the answer)

Any help is much appreciated

[hsmp12345]

Welcome to the forum mate,

Yes, your Tier2 visa will stand cancelled once you have your Tier1 stamped on your visa. You would not need any no-objection from your employer. Though, it may not be required to let your employer be aware of your tier1 application processing, it is still advisable to keep them updated. Ths is because, as part of application you would need to provide contact from your company who can verify your details (employment, earnings etc.) if home office/BHC do give a verification call during application processing.

There's a high risk that your employer might not cooperate with Home office/BHC if they are not aware of your application which in turn may affect outcome of your application. Additionally, your employer might not take your Tier1 application in right spirit (I completely understand that it's very difficult to convince any employer when you are applying for Tier1).

Cheers,

[tvn_ramesh]

Apologies if this question has been raised and answered, as I was not able to find the same in the forum.. I am a valid Tier 2 (Intra Company Transfer) holder till 2011. However I like to switch to Tier 1 (General) and plan to apply from India shortly.. However I have a doubt whether I need to inform my present employer (from whom I have a valid visa now) before I apply and get any form of letters to show their non objection ? For the reasons which are obvious , I dont want to reveal my Tier 1 general plans to my present employer till I get awarded Tier 1(Gen)- and to resign and move if I get my visa after informing them, so any form of letter from them on this will be difficult (Can get there letter for Salary proof or other required )

What will happen to my Tier 2 (logically I assume this wil get cancelled), if I get awarded Tier 1 Gen and when the present emplyer should been informed (if the above raised question has a NO as the answer)

Any help is much appreciated

Agree with hsmp12345...

why do u want to apply from india? if are in UK now its better and easy for the HO and CW to verify the documents within in UK as u r currently on Tier2..

When you provide contact details of ur company contact person its not mandatory to give the details of CEO or MD of ur company you can give the contact details of ur next reporting Manager who understands ur situation and can confirm details if HO calls to verify..

yes Tier2 gets overridden by Tier1(G) once approved.. Goodluck

[dreamtier1]

Apologies if this question has been raised and answered, as I was not able to find the same in the forum.. I am a valid Tier 2 (Intra Company Transfer) holder till 2011. However I like to switch to Tier 1 (General) and plan to apply from India shortly.. However I have a doubt whether I need to inform my present employer (from whom I have a valid visa now) before I apply and get any form of letters to show their non objection ? For the reasons which are obvious , I dont want to reveal my Tier 1 general plans to my present employer till I get awarded Tier 1(Gen)- and to resign and move if I get my visa after informing them, so any form of letter from them on this will be difficult (Can get there letter for Salary proof or other required )

What will happen to my Tier 2 (logically I assume this wil get cancelled), if I get awarded Tier 1 Gen and when the present emplyer should been informed (if the above raised question has a NO as the answer)

Any help is much appreciated

Agree with hsmp12345...

why do u want to apply from india? if are in UK now its better and easy for the HO and CW to verify the documents within in UK as u r currently on Tier2..

When you provide contact details of ur company contact person its not mandatory to give the details of CEO or MD of ur company you can give the contact details of ur next reporting Manager who understands ur situation and can confirm details if HO calls to verify..

yes Tier2 gets overridden by Tier1(G) once approved.. Goodluck

Thanks hsmp12345 and tvn_ramesh for the answers and needless to say answers and suggestions are spot on as always.Let me take this opportunity to thank you all for your your time and effort in guiding and supporting novices like me..Much appreciated

Currently I am in London for a short trip and expected to be around till end of the year.. I have started maintaining the maintanence fund now only (for me and my wife) which will complete 3 months in Feb ,thus applying from India ..Does there any disadvantge applying from India ?

To be frank , it is pretty difficult to let my immediate manager / team to know about my plans till the visa get stamped as they wont appreciate this move , especially the company spend money and effort for my Tier 2. Thus my question on a case of non objection letter, which I am sure they wont give ..It is a relief to know that it is not needed.. For a contact in company I believe I can provide the details of my HR, as I believe the confirmation HO seeks is on my employment and pay slip , which are genuine anyway and I am not using anything fake .. Would it suffice ?

I have two more questions (which I am sure you have answered repeatedly , but I have not come across any clear answers on this on my extensive research)

1) Am I correct in understanding that the exchange rate for previous earning calculation is the interbank rate in Oanda for the last day for the period previous earning is showing..ie, if Jan 1 2009-Dec 31 2009, is the rate is for Dec 31 ? And for maintanence fund the rate at the date of application ?

2) Is Form 16 or IT return mandatory , if you are already showing two proofs for previous earning in salary slips and bank statement and a possible third proof in employer letter for the same ? If mandatory, is it Form 16 or IT return- Also how do we show the IT return if most of the time period is outside the last financial (thus outside tax ) year . Eg: Jan - Dec 2009, tax paid for only Jan - March and rest of the time period falls in current financial year ?

Thanks in advance

[hsmp12345]

I have two more questions (which I am sure you have answered repeatedly , but I have not come across any clear answers on this on my extensive research)

1) Am I correct in understanding that the exchange rate for previous earning calculation is the interbank rate in Oanda for the last day for the period previous earning is showing..ie, if Jan 1 2009-Dec 31 2009, is the rate is for Dec 31 ? And for maintanence fund the rate at the date of application ?

2) Is Form 16 or IT return mandatory , if you are already showing two proofs for previous earning in salary slips and bank statement and a possible third proof in employer letter for the same ? If mandatory, is it Form 16 or IT return- Also how do we show the IT return if most of the time period is outside the last financial (thus outside tax ) year . Eg: Jan - Dec 2009, tax paid for only Jan - March and rest of the time period falls in current financial year ?

Thanks in advance

Hi dreamtier1,

Your are most welcome. I can completely understandly understand the challenge to make your emplyer aware that you are in process of applying Tier1.

Yes, it should be fine to provide details of your HR as contact details.

Reg. your other two queries.

1) Yes, rate of conversion will be applied on last day of claiming period (31st Dec in example you provided). You are also right that for maintenance funds, conversion will be made on the date of application. Hence it is advisable to keep some buffer amount in your bank account to take into exchange rate fluctuations. You would also need to ensure that bank statement / bank letter (to support funds) should be latest and not dated 30 days older than the date of Tier1 application.

2) Form16 or IT return is not mandatory. You would only need to provide 2 evidences for earnings from two difference sources. e.g. Salary slips from employer & personal bank statements (most common for employed applicants).

Cheers,

[dreamtier1]

I have two more questions (which I am sure you have answered repeatedly , but I have not come across any clear answers on this on my extensive research)

1) Am I correct in understanding that the exchange rate for previous earning calculation is the interbank rate in Oanda for the last day for the period previous earning is showing..ie, if Jan 1 2009-Dec 31 2009, is the rate is for Dec 31 ? And for maintanence fund the rate at the date of application ?

2) Is Form 16 or IT return mandatory , if you are already showing two proofs for previous earning in salary slips and bank statement and a possible third proof in employer letter for the same ? If mandatory, is it Form 16 or IT return- Also how do we show the IT return if most of the time period is outside the last financial (thus outside tax ) year . Eg: Jan - Dec 2009, tax paid for only Jan - March and rest of the time period falls in current financial year ?

Thanks in advance

Hi dreamtier1,

Your are most welcome. I can completely understandly understand the challenge to make your emplyer aware that you are in process of applying Tier1.

Yes, it should be fine to provide details of your HR as contact details.

Reg. your other two queries.

1) Yes, rate of conversion will be applied on last day of claiming period (31st Dec in example you provided). You are also right that for maintenance funds, conversion will be made on the date of application. Hence it is advisable to keep some buffer amount in your bank account to take into exchange rate fluctuations. You would also need to ensure that bank statement / bank letter (to support funds) should be latest and not dated 30 days older than the date of Tier1 application.

2) Form16 or IT return is not mandatory. You would only need to provide 2 evidences for earnings from two difference sources. e.g. Salary slips from employer & personal bank statements (most common for employed applicants).

Cheers,

Thanks hsmp12345.. That information is helpful.

[priya_siri]

Hi,

I would like to know, Whether employer will get to know, if i switch from Tier-2 Inter Company Transfer to Tier -1. I am eligible to get Tier -1.
Will Homeoffice automatically inform my employer (Sonsor) about the change in my status. I really don't want my employer to get to know about it until i pick another employement.

Please calrify and advice me.

Regards,
Priya.

[ChetanOjha]

Hi,

I would like to know, Whether employer will get to know, if i switch from Tier-2 Inter Company Transfer to Tier -1. I am eligible to get Tier -1.
Will Homeoffice automatically inform my employer (Sonsor) about the change in my status. I really don't want my employer to get to know about it until i pick another employement.

Please calrify and advice me.

Regards,
Priya.

When you apply for Tier-1, you have to provide details of your employer in application so that,if required, HO can verify your earnings etc. There is nothing wrong if HO contact your employer. If you qualify for Tier-1 and your case is straight forward, you will get Tier-1 quite quickly and than you won't bother whether you employer know about it or not. Home Office does not inform your employer about your visa status.

[priya_siri]

Thanks for your reply. I applied in person and i got Tier-1 General. One of my friends told me that, if Tier-2 gets cancelled, sponsor gets automatic message stating that COS is cancelled and is superseded by Tier-1. Is this true?
I started looking for new jobs. My only worry is that, if my employer get to know about it, he may want me to leave the company immediately.
Regards,
Priya

[priya_siri]

Hi,
Thanks for your reply. I applied in person and i got Tier-1 General. One of my friends told me that, if Tier-2 gets cancelled, sponsor gets automatic message stating that COS is cancelled and is superseded by Tier-1. Is this true?
I started looking for new jobs. My only worry is that, if my employer get to know about it, he may want me to leave the company immediately.
Regards,
Priya

[ChetanOjha]

Thanks for your reply. I applied in person and i got Tier-1 General. One of my friends told me that, if Tier-2 gets cancelled, sponsor gets automatic message stating that COS is cancelled and is superseded by Tier-1. Is this true?
I started looking for new jobs. My only worry is that, if my employer get to know about it, he may want me to leave the company immediately.
Regards,
Priya

As far as I am aware, Home Office does not send such information to your employer unless it is asked specifically by your employer.

[priya_siri]

Hi,

Thanks for you reply. Please assist me on one more query.

I got Tier 1 General visa on 9th Dec 2009 and is valid until 9th Dec 2012. But my passport is expiring in February. I am planning to get a new passport from High commission of India in London. Once i get a new passport do i need to consult home office for transferrring the Visa from Old Passport to New Passport. Are there any guide lines on "valid visa on expired passport" in home office web site.

Please suggest.

Regards,
Priya.

[hs_sdm]

Hi,

I would like to know the process of applying in person in PEO. I am in Tier 2 (ICT) and would like to apply for Tier 1 General.

Please suggest on applying.

Thanks
Prakash

[aruni4470]

Hi,

Thanks for you reply. Please assist me on one more query.

I got Tier 1 General visa on 9th Dec 2009 and is valid until 9th Dec 2012. But my passport is expiring in February. I am planning to get a new passport from High commission of India in London. Once i get a new passport do i need to consult home office for transferrring the Visa from Old Passport to New Passport. Are there any guide lines on "valid visa on expired passport" in home office web site.

Please suggest.

Regards,
Priya.

you dont need to transfer your visa from old to new passport. you just need to carry both passports at all times you travel.

[ChetanOjha]

Hi,

Thanks for you reply. Please assist me on one more query.

I got Tier 1 General visa on 9th Dec 2009 and is valid until 9th Dec 2012. But my passport is expiring in February. I am planning to get a new passport from High commission of India in London. Once i get a new passport do i need to consult home office for transferrring the Visa from Old Passport to New Passport. Are there any guide lines on "valid visa on expired passport" in home office web site.

Please suggest.

Regards,
Priya.

You can have valid visa on expired passport. In that case you have to keep both passports with you whenever you wish you travel. Alternatively you can also check with Indian Embassy whether they extend/renew the same passport(which I think they do).