When better to switch from Tier 1 (General) to Tier 2

asiljon · Post by **asiljon** » Sun Mar 06, 2011 3:59 pm

Hi All,

Currently I have Tier 1 (General) valid untill september 2012. I am working for Uk based company. This company has possibility to sponsore me under Tier 2. Due to changes in Tier 2 after 6 April 2011 I am thinking about requesting my employer to get Tier 2 for me. In this view questions:
1. When it is better to do this? Before new rules come into force or after?
2. If I will switch to Tier 2 before new rules come into force will 5 years restriction apply for me or not?

Thanks,

umb · Post by **umb** » Sun Mar 06, 2011 5:26 pm

asiljon wrote:Hi All,

Currently I have Tier 1 (General) valid untill september 2012. I am working for Uk based company. This company has possibility to sponsore me under Tier 2. Due to changes in Tier 2 after 6 April 2011 I am thinking about requesting my employer to get Tier 2 for me. In this view questions:
1. When it is better to do this? Before new rules come into force or after?
2. If I will switch to Tier 2 before new rules come into force will 5 years restriction apply for me or not?

Thanks,

Being under Tier 1 gives you the flexibility to work for any company. But if you switch to Tier 2, you can work for that company only and if that company fires you, you might have to leave UK.

1. It will be easier to switch after new rules comes in as the company can easily get un-restricted COS, which is very difficult at the moment.

2. I'm not sure about 5 year restriction, can you please explain more or if someone else understands it they will reply.

Thanks

asiljon · Post by **asiljon** » Sun Mar 06, 2011 5:57 pm

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

As I understand from above document Tier 2 applicants after 6 april 2011 can be granted a visa for 5 years total (3+2) and will not be permitted to apply for ILR after 5 years. Could someone say whether my understanding correct or not?

arsenal49 · Post by **arsenal49** » Sun Mar 06, 2011 8:25 pm

asiljon wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

As I understand from above document Tier 2 applicants after 6 april 2011 can be granted a visa for 5 years total (3+2) and will not be permitted to apply for ILR after 5 years. Could someone say whether my understanding correct or not?

that is such a sweeping statement...

no where in the document( i just skim-read it) states that.

care to tell us which page/para in that document led you to assume that?

Post by **geriatrix** » Mon Mar 07, 2011 4:42 am

asiljon wrote:As I understand from above document Tier 2 applicants after 6 april 2011 can be granted a visa for 5 years total (3+2) and will not be permitted to apply for ILR after 5 years. Could someone say whether my understanding correct or not?

For now, this restriction (not eligible for settlement) will apply only to Tier 2 (ICT) migrants applying for leave on/after 06-Apr-11.

As the document states, this does not apply to Tier 2 (General) migrants - for now, but is subject to review in future.

Table on page 15 of the linked document.

regards

asiljon · Post by **asiljon** » Mon Mar 07, 2011 6:23 pm

sushdmehta

Yes, that is what I am worrying about. If I switch to Tier 2 from Tier 1 after 6 of April will I be eligible for settlement?

bani · Post by **bani** » Thu Mar 10, 2011 9:00 pm

Why can't you just stay on Tier 1 and extend it before Sep 2012? Are you worried you won't meet the points requirement? Otherwise, there is no advantage in switching.

asiljon · Post by **asiljon** » Thu Mar 10, 2011 11:25 pm

Bani Yes, I am afraid that by this time I will not gain sufficient points and I want to secure longer stay in UK.

rbk1597 · Post by **rbk1597** » Fri Mar 11, 2011 10:34 am

correct me if im wrong, I thought those who are already here on Tier 1 will extend using the points level they used on their first application?? No need to achieve the new higher points, which effectively means all those on Tier 1 who want to extend can do so, no frills no questions asked????

asiljon · Post by **asiljon** » Fri Mar 11, 2011 11:35 am

The issue is that when I have applied from outside of UK for Tier1 I have gained most points on earnings, i.e. 45 points. Here in UK I should earn 75K to qualify for extension, which is currently difficult.

rbk1597 · Post by **rbk1597** » Fri Mar 11, 2011 1:05 pm

thought those who are already here on Tier 1 will extend using the points level they used on their first application, which effectively means all those on Tier 1 who want to extend can do so, no frills no questions asked. you will not be required to achieve any points on extending, full-stop.

asiljon · Post by **asiljon** » Fri Mar 11, 2011 10:38 pm

rbk1597 it seems you are not aware Tier 1 General extension rules.

rbk1597 · Post by **rbk1597** » Mon Mar 14, 2011 11:22 am

It seems your issue could be somewhat different to the effect that i described, because you applied originally from outside. I realise what i described applies to those whooriginally applied from here who wish to extend their Tier 1.
eg. if they applied when Â£24k gave them 15 points, (before the points levels were changed) and whn the points needed were at 75 for attributes, they will still be accessed againts the levels that were there when they originally applied. which means they will not need to fulfill new rules as far as points accumulation is a concerned.

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When better to switch from Tier 1 (General) to Tier 2

When better to switch from Tier 1 (General) to Tier 2

Re: When better to switch from Tier 1 (General) to Tier 2