Urgent Help Needed!!!!!

[hatcag]

Hello

I need advice from you guys on my visa situation.

My current leave (student visa) expired on 31/10. I couldn't apply for the Tier 2 (General) visa as my company hadn't been granted the sponsor's licence by then.

Therefore, on that date of expiry, I made a Tier 1 (Entrepreneur) application by post. I haven't heard from the UKBA since then.

My company has received the long-awaited Sponsor's licence today (6/11), meaning that I now have all required application details for the Tier 2 (General) application.

Now my questions are:

Can I vary the grounds of my outstanding Tier 1 application now and change it to a Tier 2 (General) application? If I can, how should I proceed?

I suppose I cannot make a fresh Tier 2 application now as it would become an out-of-time application and easily get refused. Is this true?

My passports, police registration certificate, etc. have all been sent to Durham along with the Tier 1 application.

I am in desperate need of help from you guys. Please advise.

Thanks so much! Have a nice day.

hatcag

[manci]

see p33
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[hatcag]

see p33
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Many thanks for this manci!

I now decide to apply to vary the grounds of my initial application.

Please advise at which point I can legally start employment. Is it from the time I post the new Tier 2 (General) application form? If this were an initial application I know I could start employment after I have posted the application, not sure if this is still the case if I now make an initial application for a non-employer-sponsored category and then vary the grounds of the application to change to Tier 2 General? Links to any official document will be particularly helpful.

My passports, police registration certificate, degree certificate (for language) and bank statements (for maintenance, still within 31 days of the "new" application) have all been sent along with the initial application. Can I safely assume that the UKBA will refer to my initial application for these documents? I will, of course, write a covering letter explaining this.

Please help me manci. Anyone else with any idea, please advise. Thanks so much guys!!!

[manci]

see p33
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Many thanks for this manci!

I now decide to apply to vary the grounds of my initial application.

Please advise at which point I can legally start employment. Is it from the time I post the new Tier 2 (General) application form? If this were an initial application I know I could start employment after I have posted the application, not sure if this is still the case if I now make an initial application for a non-employer-sponsored category and then vary the grounds of the application to change to Tier 2 General? Links to any official document will be particularly helpful. This is incorrect. You can only start a job under T2 once you have UKBA's approval of your T2 application.

My passports, police registration certificate, degree certificate (for language) and bank statements (for maintenance, still within 31 days of the "new" application) have all been sent along with the initial application. Can I safely assume that the UKBA will refer to my initial application for these documents? I will, of course, write a covering letter explaining this. I have no experience in variation applications but it seems to me that you have no choice. You may wish to consult an immigration advisor.

Please help me manci. Anyone else with any idea, please advise. Thanks so much guys!!!

[hatcag]

Please advise at which point I can legally start employment. Is it from the time I post the new Tier 2 (General) application form? If this were an initial application I know I could start employment after I have posted the application, not sure if this is still the case if I now make an initial application for a non-employer-sponsored category and then vary the grounds of the application to change to Tier 2 General? Links to any official document will be particularly helpful. This is incorrect. You can only start a job under T2 once you have UKBA's approval of your T2 application.

Is there evidence of this? I have always been under the impression that one may start working as soon as he makes the application. May I also refer you to this post which you have also been active in: http://www.immigrationboards.com/viewto ... &view=next

Could you please clarify this? Merci manci!

Also, do you think it's risky to vary the grounds of application, or should this matter at all?

[manci]

from the T2 policy guidance;

193. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

Also, the employer would be in breach of sponsorship rules if they employed you without having evidence of your entitlement to work including the period of your leave to remain.

[Phoebe]

Can anyone help please? I have the old style work permit and in the process of switching to a tier 2 visa. I waited 6 months for my new company to obtain their sponsorship licence and once my cos was assigned I started working for the new company while my passport was with the home office. My application was refused and I'm now in the process of rectifying it and reapplying.

Can someone tell me if i will get in trouble for working for the new company before obtaining my new visa? I intend to declare this to the home office using a covering note as I was advised by my solicitor to start working as soon as i send off my passport because I still had leave on visa. Thanks.

[manci]

Read the post above yours.

You probably misunderstood what your solicitor told you. Your present leave is only for working for your old employer and you could have continued working there until the expiry of the leave. By starting work for the new employer before being granted T2 leave both you and the employer breached the rules.

[hatcag]

from the T2 policy guidance;

193. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

Also, the employer would be in breach of sponsorship rules if they employed you without having evidence of your entitlement to work including the period of your leave to remain.

In the light of your suggestions I have now decided to wait for the Entrepreneur visa to be granted before making a fresh application.

Thank you so much manci.