In country switching from tier 2 to tier 1

[eager2learn]

Hi,
I am currently on a tier 2 work visa but its coming to an end 14th February and my job finishes end of this month. I am thinking of applying to switch into tier 1. If I send my application by post at the end of this month, obviously it would take another 2-3 months to get the result. Can I stay in country at that period or I have to go back to my home country and apply for entry clearnence from there (considering the tier 1 application be successful)?

[ChetanOjha]

Hi,
I am currently on a tier 2 work visa but its coming to an end 14th February and my job finishes end of this month. I am thinking of applying to switch into tier 1. If I send my application by post at the end of this month, obviously it would take another 2-3 months to get the result. Can I stay in country at that period or I have to go back to my home country and apply for entry clearnence from there (considering the tier 1 application be successful)?

If you apply for Tier-1(while living in UK on valid visa i.e. Tier-2), you can stay in UK while your application is under process. You don't need to go back to your home country.

[tvn_ramesh]

As chetan adviced..

once you submit your application to HO you are entitled to stay in the country and work till the decision is taken on your application

[eager2learn]

As chetan adviced..

once you submit your application to HO you are entitled to stay in the country and work till the decision is taken on your application

Thanks Chetan and Ramesh for your valuable responses. Can I bother you with one further question?

Incase my tier 1 application get rejected will I then be able to apply in tier 2 as the startup company I am going to get employed in may just get their sponsor license by then? I am a bit worried as after a year I can apply for ILR but a gap in employment may ruin that. I am also not that confident with the tier 1 application as my income just crosses the mark and I will also show some income from contract/supplementary work for that.

[ChetanOjha]

Thanks Chetan and Ramesh for your valuable responses. Can I bother you with one further question?

Incase my tier 1 application get rejected will I then be able to apply in tier 2 as the startup company I am going to get employed in may just get their sponsor license by then? I am a bit worried as after a year I can apply for ILR but a gap in employment may ruin that. I am also not that confident with the tier 1 application as my income just crosses the mark and I will also show some income from contract/supplementary work for that.

As far as your income crosses the mark you have nothing to fear about. Just make sure you provide proper documentation for your income. I have seen cases where income crossed the threshold by £1 or £2 and visa was granted to the person.

[tvn_ramesh]

As chetan adviced..

once you submit your application to HO you are entitled to stay in the country and work till the decision is taken on your application

Thanks Chetan and Ramesh for your valuable responses. Can I bother you with one further question?

Incase my tier 1 application get rejected will I then be able to apply in tier 2 as the startup company I am going to get employed in may just get their sponsor license by then? I am a bit worried as after a year I can apply for ILR but a gap in employment may ruin that. I am also not that confident with the tier 1 application as my income just crosses the mark and I will also show some income from contract/supplementary work for that.

Incase your Tier1 visa gets refused, you will only have time to re-apply for tier1 or for Tier2 only till you have valid visa... which u mentioned as till feb 10