Tier 2 Visa Processed on Tier 1 by employer.

[Sunny369]

Hi All,

I currently hold a tier 1 visa and now my emplyer is processing tier 2 visa as per the company policy. But I am really worried about what happens to my tier 1 visa ?

Is it ok to have 2 visas and then in imigration i only use tier 1 to keep it active or will my tier 1 visa gets cancelled ?

[geriatrix]

Please explain whether you applied for Tier 1 visa from within UK or outside. And also whether your Tier 2 application will be made from within UK or outside.

regards

[[iD]]

apologies

[aruni4470]

if you're tier 1 visa is still valid and they approve your tier 2 application, your tier 1 visa would be cancelled

Not necessarily.

http://www.immigrationboards.com/viewto ... 702#339702

[geriatrix]

if you're tier 1 visa is still valid and they approve your tier 2 application, your tier 1 visa would be cancelled

I appreciate your eagerness to answer, but that is not entirely true, specially so if the Tier 1 application and Tier 2 application are approved as leave to enter (read applied from outside UK).

An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK.

That is the reason why I had requested for more information from the OP.

regards

[rizwan567]

Hi All,

I currently hold a tier 1 visa and now my emplyer is processing tier 2 visa as per the company policy. But I am really worried about what happens to my tier 1 visa ?

Is it ok to have 2 visas and then in imigration i only use tier 1 to keep it active or will my tier 1 visa gets cancelled ?

I think it is utterley useless to apply for Tier 2 visa when you have Tier 1 General. I would rather leave the company which have such awful policy and wants employees to be their slaves.

Anyway, coming to your question:

I am not 100% sure but quite sure that You can not keep two immigration status at the same time. When you will get Tier 2, your Tier 1 would automatically be considered cancelled. However UKBA/BHC would not put any cancellation stamp on your T1 visa.

[aruni4470]

I am not 100% sure but quite sure that You can not keep two immigration status at the same time.

ECB10.5 Applying for another visa but in a different category
An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK.


http://www.ukvisas.gov.uk/en/ecg/ecbasi ... n#12173159

[rizwan567]

I am not 100% sure but quite sure that You can not keep two immigration status at the same time.

ECB10.5 Applying for another visa but in a different category
An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK.


http://www.ukvisas.gov.uk/en/ecg/ecbasi ... n#12173159

Yes, the above does make some sense that someone holding 5 year visit visa can apply for another 2-4 year visa like student, WHM. And after the expiry of his student or whm visa, his 5 year visit visa would still remain valid.

But what I understand is: an applicant can not be student and Work permit holder at the same time. an applicant on psw visa can not be on the student visa at the same time.

[geriatrix]

Yes, the above does make some sense that someone holding 5 year visit visa can apply for another 2-4 year visa like student, WHM. And after the expiry of his student or whm visa, his 5 year visit visa would still remain valid.

But what I understand is: an applicant can not be student and Work permit holder at the same time. an applicant on psw visa can not be on the student visa at the same time.

Leave to enter
Let's assume a person has been granted two different leaves to enter - A and B. When this person enters UK on leave A, he is bound by the terms and conditions of leave A. But it doesn't mean that leave B is invalidated. The person can return to home country and enter UK on visa B (if it has not yet expired). from then on, he will be bound by the terms and conditions of leave B.

It is also important to note that if leave A expires when the person is in the UK, he cannot assume that his stats will automatically change from A to B. He must leave UK before leave A expires, and then return on leave B.

Also, ECB10.5 is applicable to all categories of EC (leave to enter) and not to just one / selective few.

Leave to remain
When a (new) leave to remain is granted from within the UK, the leave to enter /remain on which the applicant was in the UK (immediately prior to the new one) stands invalidated.

regards

[Sunny369]

Thanks guys ..

It is a good to know that my both visas stay valid. As this would enable me to switch over companies if I wish to although I enter UK with Tier 2 visa processed by my current employer (with a caveat that I renter UK with Tier 1)..

Attitude of Indian employers do not change they just try and exploit the employees to the maximum...

Anyways thanks all for the info ...Please let me know if anyone thinks otherwise as I will be processing the new visa this Tuesday..

Highly appreciate all your help ..

[ukswus]

I think your question is really unusual, and before taking some answers on this forum for granted, you should really follow-up with the HO. Also, keep in mind that the immigration rules keep changing, and what is right today may be wrong tomorrow.

Also, like some others have said, I would think twice about joining a company that has such a weird policy.

Thanks guys ..

It is a good to know that my both visas stay valid. As this would enable me to switch over companies if I wish to although I enter UK with Tier 2 visa processed by my current employer (with a caveat that I renter UK with Tier 1)..

Attitude of Indian employers do not change they just try and exploit the employees to the maximum...

Anyways thanks all for the info ...Please let me know if anyone thinks otherwise as I will be processing the new visa this Tuesday..

Highly appreciate all your help ..

[prishan]

Hi Sunny,

I am into similar situation as yours.

Could you please confirm if you have got your tier 2 processed and if your tier 1 is still valid? Did you get it confirmed from the HO as well?

Thanks.

[pateriya.ashutosh]

Hi All,
I am also stuck in the same situation, could anyone please confirm if he got his/her Tier-2 Visa stamped and Tier-1 is still valid/Invalid.

Thanks and Regards,
Ashutosh

[push]

See also: Can I have more than one visa?

It is not possible to hold more than one visa or entry clearance. If your circumstances change you should always inform the Home Office before you leave the UK so that your permission to stay can be curtailed. Once your permission to stay has been curtailed you will be able to apply for a new visa overseas.

[pateriya.ashutosh]

Thanks for the clarification.

[push]

Cant find ECB10.5 on the link provided above. Its Burden of Proof now.

[geriatrix]

As UKVisas website has recently been redesigned, content index is not necessarily the same as before. Therefore, ECB10.5 today points to a different chapter / different topic altogether.

The instruction "ECB10.5 Applying for another visa but in a different category" was removed from the UKVisas website when the new instruction was published.



regards