Switch from Tier 1 to Tier 2 ICT and again to Tier 1

Hi,

I had a Tier 1 General Migrant visa from 20 Jan, 2009 till 20 Jan, 2012. Which i got from outside UK. Although i have never worked or entered UK on this Tier 1 visa until now.

I came to UK through Tier 2 Intra-Company Transfer visa valid from 20 Jan,2010 with my current employer. Now i have got a job offer from a UK based company on my Tier 1 General Migrant Visa.

But i heard that my Tier 1 General Migrant visa was superseded by my Tier 2 ICT visa and i can now NOT work on my Tier 1 visa since its not valid anymore. Can you please confirm if this is correct?

Also if that is correct, is it possible for me to apply for a new Tier 1 General Migrant visa for the second time while i am still in UK. Please note i have my Certificate of Sponsorship (CoS) for Tier 2 visa valid uptil 15 April, 2011. And i have currently submitted my passport to Home Office UK Border Agency for my further leave to remain (LTR).

Also If there are any other options available please let me know.

I would really appreciate a quick response since its very time critical.

Regards
Kunal

kunaltaddu wrote:But i heard that my Tier 1 General Migrant visa was superseded by my Tier 2 ICT visa and i can now NOT work on my Tier 1 visa since its not valid anymore. Can you please confirm if this is correct?

Correct.

kunaltaddu wrote:is it possible for me to apply for a new Tier 1 General Migrant visa for the second time while i am still in UK. Please note i have my Certificate of Sponsorship (CoS) for Tier 2 visa valid uptil 15 April, 2011. And i have currently submitted my passport to Home Office UK Border Agency for my further leave to remain (LTR).

Options:
1. You may withdraw the Tier 2 application and make a Tier 1 (General) application before 06-Apr-11. Please note that your employer may come to know about the withdrawal if UKBA has any internal procedural requirement(s) to inform sponsoring employers regarding Tier 2 applications.
2. Alternatively, you may request UKBA to vary your Tier 2 (ICT) extension application to an initial Tier 1 (General) application. See page 24 (onwards) of Application forms and procedures.


regards

thanks sushdmehta for your reply

regarding your 2 suggestions
1. i now realized i cannot apply for new tier 1 general application before 6apr,2011 since i dont have enough points. so i am not eligible

2. the second option seems more hopeful. i read the section about varying the application in the link you provided. Over there it says that "An applicant can vary an application at any time before a decision is made on it"

If UKBA agrees to vary my Tier 2 (ICT) extension application to an initial Tier 1 (General) application will i be still able to work on the client project for which my company applied for my Tier 2 ICT visa. I need to continue working on this project till 31 March, 2011.

Also will UKBA inform my current employer about varying my Tier 2 (ICT) extension application to an initial Tier 1 (General) application

thanks once again for your reply.

regards

kunaltaddu wrote:i now realized i cannot apply for new tier 1 general application before 6apr,2011 since i dont have enough points. so i am not eligible

In that case, you cannot request for varying your currently submitted Tier 2 (ICT) application to a Tier 1 (General) application.

Or am I missing something here - that you do not qualify for Tier 1 (General) but varying an application will, somehow, make you eligible?


regards

hi..thanks for your reply

sorry i thought that since i am not eligible(don't have enough points) to apply for a new Tier 1, i can ask them to vary my Tier 2 ICT application to old Tier 1 visa that i already had. Basically switch back to old tier-1 but through varying an application procedure. Is that possible?

If that is not possible then i guess only one more option is left. If my new employer can apply for a Tier 2 General migrant visa for me. what do you think?

regards

kunaltaddu wrote:sorry i thought that since i am not eligible(don't have enough points) to apply for a new Tier 1, i can ask them to vary my Tier 2 ICT application to old Tier 1 visa that i already had. Basically switch back to old tier-1 but through varying an application procedure. Is that possible?

sushdmehta wrote:

kunaltaddu wrote:But i heard that my Tier 1 General Migrant visa was superseded by my Tier 2 ICT visa and i can now NOT work on my Tier 1 visa since its not valid anymore. Can you please confirm if this is correct?

Correct.

You cannot (expect to) change back" to an "invalid" visa .. or (expect to) apply for extension of an "invalid visa"!


regards