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Tier 1 or tier 2 visa - help requested

General UK immigration & work permits; don't post job search or family related topics!

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Laurence123
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Tier 1 or tier 2 visa - help requested

Post by Laurence123 » Sat Sep 17, 2011 4:23 pm

Hi

I feel a bit embarrassed posting this question, but I could really do with some help. Essentially, I can't remember if I have a Tier 1 or Tier 2 visa. Long story behind it, but essentially I was discussing both options with my company when joining 3 years ago, and can't remember which we went for.

It's coming up to renewal time, and I need to know, especially as it's now not possible to transfer from tier 2 (general) to tier 1 (general). (I have enough points for both an extension and a new tier 1 application).

Attached is a picture of my visa - can anyone help, or suggest how I could find out quickly?

Thank you!!
Last edited by Laurence123 on Wed Sep 21, 2011 2:55 pm, edited 1 time in total.

geriatrix
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Post by geriatrix » Sun Sep 18, 2011 5:07 am

The statement "Able to work as authorised by the Secretary of State" makes me vote for WP/Tier 2 leave to remain.

It might be a bit too late in the day but Subject Access Request can help - request for a copy of the application form submitted in 2008.

Your best bet, given that leave expires in 5 weeks - chase HR.
Life isn't fair, but you can be!

Laurence123
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Post by Laurence123 » Sun Sep 18, 2011 2:09 pm

Hi Sush

Thank you so much for your help.

I've done a bit more digging into emails from the time, and I think my company may have applied for a work permit for me, and I then applied for Further Leave to Remain (FLR(IED)) from my previous student visa.

If this is the case, do you know which category I'm currently in, and what the procedure would be for extending the visa?

I can't believe I don't remember this more clearly.

Thanks!

Lucapooka
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Post by Lucapooka » Sun Sep 18, 2011 2:16 pm

sushdmehta wrote:The statement "Able to work as authorised by the Secretary of State" makes me vote for WP/Tier 2 leave to remain.
Yet if you google that exact phrase the overwhelming majority of hits see it cited on the website of colleges and universities. In fact, the only hits are from colleges and universities, implying it is the wording that appears on student leave (perhaps as well as Tier 2 but exclusive to that category).

Laurence123
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Post by Laurence123 » Sun Sep 18, 2011 3:42 pm

In fact, the only hits are from colleges and universities, implying it is the wording that appears on student leave (perhaps as well as Tier 2 but exclusive to that category).
Yes, I found the same thing.

So if my work did apply for a work permit, and I then applied for FLR(IED), does that mean I'm in Tier 2, and can apply for an extension? Or am I in a different category altogether, based on my previous student visa?


I'm getting a bit worried about the situation now!

geriatrix
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Post by geriatrix » Sun Sep 18, 2011 5:17 pm

1. FLR(IED) was not meant to be used for leave to remain application as a "student".
2. Tier 2 was introduced only in November 2008.
3. Leave to remain as Tier 1 (General) migrant being issued since the beginning of 2008 states "Tier 1 (General) Migrant" on the vignette. Even HSMP migrants (covered by JR) have been (and still are) issued leave to remain with "Tier 1 (General) Migrant" on the vignette.

My guess - this leave was issued pursuant to an application for leave to remain as a WP holder (not Tier 2 migrant).

Given the fact that you have no clue about your own application, only two entities can tell you for sure - your employer or UKBA. Everyone else can only guess - which is not what you want!

Like I said, chase HR before it is too late - if you are a valued employee that they wish to retain beyond Oct. 2011, I see no reason why HR would not dig into their records to give you this small but critical bit of information.
Life isn't fair, but you can be!

Laurence123
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Post by Laurence123 » Sun Sep 18, 2011 6:39 pm

Thanks for your help - all excellent advice!

I've been delving through old emails all day, and it's all coming back to me - I've managed to find a copy of the form used by my company to apply for my work permit.

It was form WP1, entitled "Work Permit application for business and commercial or training and work experience scheme", and although this was done in July 2008, it has a section about applying for tier 1 and 2 visas, and it looks like I'd filled in the Tier 2 section. The form doesn't distinguish different types of Tier 2 though...

So I think this is what happened: My company applied for a Tier 2 work permit for me, and once I received this, I then applied for Further Leave to Remain (FLR(IED)). So I'm here under a Tier 2 visa, and can apply to have it extended accordingly.

I've just had a quick look, and it seems they'll need to get a new certificate of sponsorship. Hopefully that won't be too complicated... there's a lot of information to wade through!

If any of the above doesn't sound right, please let me know. OTherwise, thanks again for your help!

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