Switching from Tier 2(Intra company) Transfer to Tier 1

UKVisit · Post by **UKVisit** » Wed Jan 20, 2010 10:26 pm

Hi,

I am working in UK from my Indian firm on Tier 2 (Intra Company Transfer). Am I eligible to apply my Tier 1 Visa while staying in UK on Tier 2. If I will apply my Tier 1, would it impact adversely on my current Tier 2 Visa.

I mean to say that if I would apply for Tier 1, would my tier 2 visa would be cancelled before processing of tier 1 visa; or my employer would got to know about my application before receiving Tier 1 visa.

Please advise

Thanks

Post by **geriatrix** » Wed Jan 20, 2010 11:36 pm

You can make an in-country Tier 1 (G) application as long as you have valid leave to enter / remain in UK and you qualify for Tier 1(G). See The immigration categories from which you can switch into the highly skilled worker category

The day your Tier (G) leave to remain is issued (i.e.- your passport is stamped with Tier 1) subsequent to your application, your Tier 2 visa will become invalid. Then it is upto you if you wish to inform your employer or not. This said, the employer must inform UKBA that the sponsorship has ended. See Your sponsor's reporting duties

Read Tier 1 (General) policy guidance carefully to undertand the qualification requirements and documentary evidence(s) needed.

UKVisit · Post by **UKVisit** » Thu Jan 21, 2010 8:38 pm

Hello sushdmehta,

Many thanks for your explanation.

I have few more questions regarding the Tier 1 (G). I have checked the guidelines for Tier 1(G) and I am eligible and scoring the required points for it. I am working in UK from my Indian firm on Tier 2 (Intra Company Transfer). Just to confirm few points which applying Tier 1 (G) visa.

1. Would UKBA not take it otherwise that a person is applying for Tier 1 (G) Visa while staying in UK on Tier 2(Intra Company) and it is valid for next two years? Would UKBA inform about my application to my employer before processing? If not, would UKBA inform my employer after Tier 1(G) visa stamping?
2. If UKBA will refuse Tier 1(G), could I continue with Tier 2 (Intra Comp)?
3. My dependents are here with me. Is it compulsary to apply for their Tier 1(G) dependent visa with my application or could I apply for their Tier 1(G) dependent visa from UK only later after getting my Tier 1(G)?
4. How many days will it take to get the appointment?

Thansk in advance!

aruni4470 · Post by **aruni4470** » Thu Jan 21, 2010 9:39 pm

UKVisit wrote:Hello sushdmehta,

Many thanks for your explanation.

I have few more questions regarding the Tier 1 (G). I have checked the guidelines for Tier 1(G) and I am eligible and scoring the required points for it. I am working in UK from my Indian firm on Tier 2 (Intra Company Transfer). Just to confirm few points which applying Tier 1 (G) visa.

1. Would UKBA not take it otherwise that a person is applying for Tier 1 (G) Visa while staying in UK on Tier 2(Intra Company) and it is valid for next two years? Would UKBA inform about my application to my employer before processing? If not, would UKBA inform my employer after Tier 1(G) visa stamping? As long as you score enough points and are eligible to switch, the UKBA would not bother
2. If UKBA will refuse Tier 1(G), could I continue with Tier 2 (Intra Comp)? Yes
3. My dependents are here with me. Is it compulsary to apply for their Tier 1(G) dependent visa with my application or could I apply for their Tier 1(G) dependent visa from UK only later after getting my Tier 1(G)? You could apply seperately but, you would have to pay full fee. Also, You need to think about their status, because your tier 1 visa would override your tier2 visa. So, not sure if the dependents visa as tier2 dependents is valid or not, seniors pls comment
4. How many days will it take to get the appointment?
Nobody can tell when you can get an appointment. Because, they are in high demand and you need to constantly try.

Thansk in advance!

Post by **ChetanOjha** » Thu Jan 21, 2010 10:40 pm

UKVisit wrote:3. My dependents are here with me. Is it compulsary to apply for their Tier 1(G) dependent visa with my application or could I apply for their Tier 1(G) dependent visa from UK only later after getting my Tier 1(G)?

Best and quick way is apply for youe dependents with your applications. It will save you money and time.

UKVisit · Post by **UKVisit** » Fri Jan 22, 2010 1:09 pm

How applying the dependent's visa with my applications will save my money and time?

What is fee if I would apply for my spouse & Son (Infant) with me?

aruni4470 · Post by **aruni4470** » Fri Jan 22, 2010 1:16 pm

UKVisit wrote:How applying the dependent's visa with my applications will save my money and time?

What is fee if I would apply for my spouse & Son (Infant) with me?

If the dependents apply along with the main applicant, each dependent pay GBP50. If they apply separately then each dependent would have to pay GBP465 (postal) or GBP665 (In-Person)

UKVisit · Post by **UKVisit** » Fri Jan 22, 2010 4:06 pm

what is the difference in postal & in person?

In postal, do applicant sent application form along with original docs by post?

Post by **geriatrix** » Fri Jan 22, 2010 4:27 pm

Post - Submitting your application by post. Advisable to use Special Delivery. Also, include a prepaid self-addressed Special Delivery envelope alongwith the application so that your passport and documents reach back to you safely.

In Person - Submitting the application in person at one of the Public Enquiry Offices. One needs to schedule an appointment beforehand and also pay more than the postal application (1020 instead of 820, as on date).

regards

aruni4470 · Post by **aruni4470** » Fri Jan 22, 2010 5:28 pm

UKVisit wrote:In postal, do applicant sent application form along with original docs by post?

Yes

aspire2uk · Post by **aspire2uk** » Sat Jan 23, 2010 11:52 am

sushdmehta wrote: Then it is upto you if you wish to inform your employer or not. This said, the employer must inform UKBA that the sponsorship has ended. See Your sponsor's reporting duties

SushdMehta and request seniors to comment here: Recently I switched from Tier2 to Tier 1(G). Reading your above response, I want to know the consequences if I do not inform my employer regarding my switching to Tier1(G) and any impact it will have on my future application (say extension or ILR) as the link Your sponsor's reporting duties contains a point (highlighted below)

You must give your sponsor all the information they need to be able to meet the duties above. If you do not, we may investigate the sponsor and take action against you both.

Informing my sponsor(employer) about my switching affects the employment relationship and hence, I want to avoid informing my employer about this. Thanks in advance for your advice/suggestions.

UKVisit · Post by **UKVisit** » Sat Jan 23, 2010 6:18 pm

Hi,

Can I register in "I AM APPLYING IN PERSON" and "I HAVE APPLIED BY POST" both ways. if I will get early appointment for in person; it would be okay else I would sent form by post?

Post by **ChetanOjha** » Sat Jan 23, 2010 6:37 pm

aspire2uk wrote:You must give your sponsor all the information they need to be able to meet the duties above. If you do not, we may investigate the sponsor and take action against you both.

If your sponsor "ask" you about your visa status you can tell them truth. As per the above statement, you have to provide info your sponsor need. So ideally your sponsor should ask you all the info he needs. If he doesn't ask you, there is no harm in keeping it your little secret.

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Switching from Tier 2(Intra company) Transfer to Tier 1

Switching from Tier 2(Intra company) Transfer to Tier 1