Tier 2 VISA rejected...Applying for Tier 1...Need help !!

[nyaram]

Hi all,

My Tier 2 Visa was rejected this month and my current Fresh Talent Visa

also expired in Nov 09. I'm applying for Tier 1 Visa now as my earnings

will be £20000 with the completion of this month. So I will be applying on

1st Feb 2010. Is it ok to do so??

Can I apply for this VISA from U.K still. It has been like 14 days

since H.O they rejected my VISA.

Eagerly waiting for you advise guys !!

Thanks .

[ChetanOjha]

As far as i know you have to go back to your country and apply from there.

[geriatrix]

Avoid making duplicate posts.

It appears from your post that you do not have leave to remain in UK (you say your Fresh Talent visa expired in Nov. '09). If this is indeed the case, you cannot apply for Tier 1 (G) from within UK.

What was the reason for Tier 2 application rejection? Has HO given you the right to appeal?

Bottomline - Don't risk becoming an overstayer.

regards

[mahdi]

may I ask you why your Tier 2 visa was rejected?

[nyaram]

My visa was rejected coz my salary according to them should be £24000

and its not.

[mahdi]

you should be fine to apply to Tier1

[geriatrix]

you should be fine to apply to Tier1

On what basis are you suggesting this, without confirmation from OP whether he has valid leave to remain or not??


regards

[tvn_ramesh]

you should be fine to apply to Tier1

On what basis are you suggesting this, without confirmation from OP whether he has valid leave to remain or not??


regards

And Masters Degree tooo

[tvn_ramesh]

Hi all,

My Tier 2 Visa was rejected this month and my current Fresh Talent Visa

also expired in Nov 09. I'm applying for Tier 1 Visa now as my earnings

will be £20000 with the completion of this month. So I will be applying on

1st Feb 2010. Is it ok to do so??

Can I apply for this VISA from U.K still. It has been like 14 days

since H.O they rejected my VISA.

Eagerly waiting for you advise guys !!

Thanks .

YOu need to apply from country of residence as ur current visa is expired.. if you qualify as per the PBS Calculator..for the Tier1(G) and get enough points - goodluck

[yasa]

Hi all,

My Tier 2 Visa was rejected this month and my current Fresh Talent Visa

also expired in Nov 09. I'm applying for Tier 1 Visa now as my earnings

will be £20000 with the completion of this month. So I will be applying on

1st Feb 2010. Is it ok to do so??

Can I apply for this VISA from U.K still. It has been like 14 days

since H.O they rejected my VISA.

Eagerly waiting for you advise guys !!

Thanks .

u need to go back and apply from your home country as your visa expired in nov 09...

[gordon]

It may be the case, however, that the OP may not be able to use his January 2010 earnings in the Tier 1 application; see p 22 of the application guidance:

115. We will not consider earnings made during a time when the applicant was in breach of the United Kingdom's immigration laws.

For example: Earnings made from United Kingdom employment will only be considered if the applicant had leave to enter or remain in the United Kingdom at the time they were earned, and in a category which permitted the applicant to take that employment.

Unless an appeal was made after the refusal of the OP's Tier 2 application earlier this month (thus extending leave under section 3d), the valid leave lapsed at the point of refusal. Unfortunately, this may pose problems, if the OP requires the January 2010 earnings to meet the £20k earnings threshold, as he indicated earlier.