Tier 1 => Tier 2

[HarryJones]

A friend needs an advice.
She applied for a 5 years Tier 1 (G) ILR. Visa is already expired. She did tax amendment and was sent questionnaires to complete. She is looking for a Tier 2 sponsor - can she change to Tier 2 now at this stage is she eventually gets a sponsor?
If her ILR is refused (I hope not), can she apply for Tier 2 before Admin Review?

[HarryJones]

Just to make it clearer:

1. what does she need to do to get the Tier 2 without leaving the country based on her scenarios?
2. Will she be able to get ILR after another 5 years based on Tier 2

[HarryJones]

I feel time is moving against her now.
what advice would the guru give?

[rchadha123]

She is looking for a Tier 2 sponsor - can she change to Tier 2 now at this stage is she eventually gets a sponsor?
If her ILR is refused (I hope not), can she apply for Tier 2 before Admin Review?

Please see below my understanding:

Yes, she can vary to Tier 2 any time before her ILR application has been decided.
She can apply for Tier 2 while she is covered under section 3C (usually it is within 14 days of receiving refusal or until UKVI have concluded the admin review, if she had applied for admin review).
However, please note that UKVI will refuse for the same reasons as ILR if UKVI believe deception was used in her previous application/s.

Just to make it clearer:

1. what does she need to do to get the Tier 2 without leaving the country based on her scenarios?
2. Will she be able to get ILR after another 5 years based on Tier 2

1. Find an employer who is prepared to issue a Certificate of Sponsorship to sponsor Tier 2 General visa. Make application from within UK to vary existing ILR application Or new application within 14 days of refusal.
The application process is complicated and involves RLMT so I suggest searching for Tier 2 General guidance and reading through it.

2. Yes, provided she is not refused because of deception and meets all requirements for getting ILR after staying for 5 years under the Tier 2 General category. Again no one can predict what the rules will be for obtaining ILR in 5 years time.

Senior members feel free to correct me.

[HarryJones]

If deception is given(hope not), at what point will the deception be wiped out?

Will deception be wiped out if she starts Tier 2 again from the beginning to reset the 5 year clock again?

[CR001]

No, deception is not just 'wiped out'. It stays on your HO record.

[Wanderer]

I can't understand the need for all these 'tax amendments', what are they for?

Anyone with a competent accountant who understands the basic accounting concept of accruals and prepayments should never have to make amendments. Any out of year or overdue expenses should be accrued for.

No wonder the UKVI spidey-sense-o-meter goes off.....

[HarryJones]

Thanks to the Gurus.
The point she will like to know is if her clock resets within the country and she starts another 5 years on tier 2 general with any problem throughout, will she be able to get ILR after the 5 years period or else rather she will not bother to venture into that.

[HarryJones]

what do you guys think then?