ILR to TIER 2 - Need Information !!!!

[spartanking_007]

Dear Members,

I have applied for ILR last year via post, and recently received letter for personal interview in London, I had PAYE and SE earnings for ILR. But all the taxes paid and updated at HMRC, received by SA302 with updated records.

In case my application is not successful, my employer is willing to sponsor me TIER 2 General Visa, so my question.

1) Can I apply for TIER 2 (General) visa if I receive an unfavourable outcome for my ILR application ?

2) Can I apply in person (one day appointment) and in country application for TIER 2 ?
[I do not have a master's degree from UK, came to UK on Tier 1 in Aug 2010]

3) Can I apply for TIER 2 and after 4 years, can I apply for ILR via 10 year route [ 6 year on TIER 1 and 4 years on TIER 2]

4) Does any one suggest a best solicitor in case If I need to proceed with AR/JR in case of unfavourable outcome.

Please respond


Thanks

[CR001]

Do you currently have a valid visa or has it already expired? Assuming you were on Tier 1 General.

When were your taxes etc updated with HMRC? Did you submit tax amendments shortly before applying for ILR?

[spartanking_007]

Hi CR001,

My current leave to remain is expired.

Yes, I did update the HMRC before ILR but they were all updated by the time I have received my biometrics for the application.

[CR001]

Unfortunately the forum is full of such amendment refusals shortly before applying for ILR. Was your income declared to HO and HMRC different? Did you declare more to HO for visa extensions to gain points to qualify and then declare less to HMRC to reduce your taxes?

[spartanking_007]

No I have declare everything that I have earned and for visa extensions. Majority of my income is from PAYE and very little from SE, which was declared and updated by HMRC now, I have interview shortly.

My questions are in relation to conversion to TIER 2.

I am also considering withdrawing my application after interview [is this possible] if I am not positive with the interview and my employer is willing to sponsor me.

1) Can I apply for TIER 2 (General) visa if I receive an unfavourable outcome for my ILR application ?

2) Can I apply in person (one day appointment) and in country application for TIER 2 ?
[I do not have a master's degree from UK, came to UK on Tier 1 in Aug 2010]

3) Can I apply for TIER 2 and after 4 years, can I apply for ILR via 10 year route [ 6 year on TIER 1 and 4 years on TIER 2]

[CR001]

1. You need valid leave to apply within the UK.

2. See #1 above

3. Possibly. Your tax affairs will still be checked for ILR based on long residence though.

You would have to vary your ILR application to Tier 2 G.

[spartanking_007]

Many thanks for the reply.

Can I make the application for TIER 2 before I receive the outcome of the ILR (preferably) one day appointment. is this possible ?

sorry missed the question 4 earlier.

Does any one suggest a best solicitor in case If I need to proceed with AR/JR in case of unfavourable outcome.

Thanks

[CR001]

Many thanks for the reply.

Can I make the application for TIER 2 before I receive the outcome of the ILR (preferably) one day appointment. is this possible ? YOu will need to apply to vary your application as HO has all your documents. Even if you book a same day appointment, unlikely you will get an answer on the day as your documents are with HO in another location. Your employer will also have to complete the full and proper RLMT process I think.

sorry missed the question 4 earlier.

Does any one suggest a best solicitor in case If I need to proceed with AR/JR in case of unfavourable outcome. Members are not permitted to post solicitor details

Thanks

[noajthan]

I am also considering withdrawing my application after interview [is this possible] if I am not positive with the interview and my employer is willing to sponsor me.

There is question of realistic and valid RLMT if pre-selected.