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Switching between T1G and T2G

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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nezinho
Newbie
Posts: 37
Joined: Wed Nov 04, 2009 11:53 am

Switching between T1G and T2G

Post by nezinho » Tue Jan 19, 2010 4:29 pm

The question I have is:

If I am on a T1Gen visa (initial or extension) and I want to apply for T2Gen and my skills/job is NOT on the shortage occupation list can my employer employ me without performing a Resident Labour Market test?

Please answer these questions in order.

Kind Regards,

Nezinho

tvn_ramesh
Diamond Member
Posts: 3158
Joined: Fri Sep 21, 2007 7:52 pm
Location: Sussex

Post by tvn_ramesh » Tue Jan 19, 2010 4:42 pm

What is your Current Visa status?? Tier1(G) or Tier2(G)..

the OTHER POSTsays opposite what you are asking here..

And please put your questions in one thread to keep it simple and easy for others to answer.. Goodluck

nezinho
Newbie
Posts: 37
Joined: Wed Nov 04, 2009 11:53 am

Clarification

Post by nezinho » Tue Jan 19, 2010 4:51 pm

tvn_ramesh wrote:What is your Current Visa status?? Tier1(G) or Tier2(G)..

the OTHER POSTsays opposite what you are asking here..

And please put your questions in one thread to keep it simple and easy for others to answer.. Goodluck
Hey,

I'm actually on a T1(PSW) visa right now and I'm applying for graduate jobs. I'm trying to find out which is the best route (T1G or T2G) to take towards ILR/citizenship. I've actually drawn a route map for myself and I need to know the relationships between T1G to T2G and vice-versa so that I can determine the best route to follow.

Nezinho

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Jan 19, 2010 5:56 pm

Rather than starting multiple posts, it will better (for you and also others seeking similar information) if you post similar queries at one place. Reading this will be helpful.

Answers to your queries (posted under different threads) available for you and others to view in one place:
nezinho wrote:If I am already on a T1 Gen visa (extension) and wish to extend again, can I actually do that providing all the points requirements are met?
1. You can apply for Tier (G) extensions as many times as you want as long as you fulfil the eligibility criteria. It is not mandatory to make an ILR application after 5 years. It is entirely upto the applicant whether he wishes to go for ILR or extend his leave to remain.
nezinho wrote:I'm actually on a T1(PSW) visa right now and I'm applying for graduate jobs. I'm trying to find out which is the best route (T1G or T2G) to take towards ILR/citizenship. I've actually drawn a route map for myself and I need to know the relationships between T1G to T2G and vice-versa so that I can determine the best route to follow.
2. There is no relation between Tier 1 (general) or Tier 2 (general) as each of these are mutually exclusive immigration schemes. As for ILR, both schemes, as of now, enable an visa holder to qualify for ILR after 5 years provided the applicant fulfils the other eligibility criteria. This said, eligiblity criteria including 5 years' residence are always subject to changes as and when the govt. wishes to introduce them.
nezinho wrote:If I am on a T1Gen visa (initial or extension) and I want to apply for T2Gen and my skills/job is NOT on the shortage occupation list can my employer employ me without performing a Resident Labour Market test?
3. No. Residence Labour Market Test is a "employer" responsibility, not an employee requirement to meet / fulfil.
nezinho wrote: I know I can apply for T1G Entry Clearance if I lose my job and apply from my home country. My question now is: How much time do I have in the UK AFTER I lose my job to apply for T1G safely?
4. As long as you are a legal resident (have a valid visa to enter/remain in UK) and subject to you meeting the qualifying criteria you can make an in-country Tier 1 (General) application anytime you wish to do so.
nezinho wrote:At what point after losing my job am I out of status? Would I have to return home to apply for T1Gen?
5. If I am not mistaken, on a work permit / Tier 2 your leave becomes invalid the day you lose your job (i.e.- your employer informs UKBA that you are no longer employed with them) and you have 28 days to leave UK. You cannot make an in-country application if you do not have the legal right to remain. In such a case, you'll need to go back and apply in your home country.
nezinho wrote:Also if I knew of my impending loss of my job in advance, could I then apply for T1Gen as I would still be technically on T2Gen because I haven’t officially lost my job yet?
6. As mentioned already, you can make an in-country Tier 1 (G) application as long as you have valid leave to remain in the country and you meet the eligibility criteria.
nezinho wrote: If I am on a T2Gen visa with an indefinite Sponsorship (because my job has no end date)
7. Even if you're working in a permanent job (that has no end date) with an employer who has sponspred your workpermit, your visa will still be valid for a definite period of time (limited leave to enter or remain). Your employer will need to renew your workpermit / Tier 2 visa before the current one ends. In other words, there is no Tier 2 (G) visa with an "indefinite sponsorship".

regards

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