Urgent:Switching from Tier 1 dependent to Tier 2 or FLR

rogue_kath wrote:Hi Guys,


Our visa is expiring on 13th of January 2016.

I am currently on a PBR Tier 1 Dependent and I have a sponsor who applied for a licence and have yet to receive a license after nearly a year of application. we have consulted a solicitor he said that I can apply for a tier 2 within the uk that is considering that the licence will push through before the 13th of January or if not we can file an FLR (o)on the basis that the home office took a long time to process the license considering that is has been applied for nearly a year and the licence applied for is on a shortage occupation list. FLR(O) is likely to be refused fairly quickly. This is NOT a valid reason to submit an FLR(O) application and will be seen as a 'frivolous and vexatious' application just to 'buy time'. Nothing has stopped you to find another sponsor in a year! HO is hot on these 'buy time' FLR applications now. What is the reason for the delay in license application? Clearly your 'sponsor' is failing to meet the requirements.

Also, my wife is due for her 10 yer ILR which is just short of 2 months so hoping that the home office won't make a decision on our application so she can make a 10 yr ilr application. Is your wife the main Tier 1 General visa holder? Does she not qualify for ILR based on Tier 1 G??

Questions:

1: Can i switch to tier 2 within the UK? as the guideline suggest or I interpreted it as i cannot switch in country. You cannot switch in country. You have to apply from your home country.
2: what are the chances that our FLR application will be granted? Zero chance for the reason you want to use.
3: If the sponsor licence will come up after we submitted the FLR can I change or submit a TIEr 2 application considering that my visa will be expired by then? You still have to apply from home country.


thank you in advance for your urgent reply.

CR001 wrote:

rogue_kath wrote:Hi Guys,


Our visa is expiring on 13th of January 2016.

I am currently on a PBR Tier 1 Dependent and I have a sponsor who applied for a licence and have yet to receive a license after nearly a year of application. we have consulted a solicitor he said that I can apply for a tier 2 within the uk that is considering that the licence will push through before the 13th of January or if not we can file an FLR (o)on the basis that the home office took a long time to process the license considering that is has been applied for nearly a year and the licence applied for is on a shortage occupation list. FLR(O) is likely to be refused fairly quickly. This is NOT a valid reason to submit an FLR(O) application and will be seen as a 'frivolous and vexatious' application just to 'buy time'. Nothing has stopped you to find another sponsor in a year! HO is hot on these 'buy time' FLR applications now. What is the reason for the delay in license application? Clearly your 'sponsor' is failing to meet the requirements.

Also, my wife is due for her 10 yer ILR which is just short of 2 months so hoping that the home office won't make a decision on our application so she can make a 10 yr ilr application. Is your wife the main Tier 1 General visa holder? Does she not qualify for ILR based on Tier 1 G??

Questions:

1: Can i switch to tier 2 within the UK? as the guideline suggest or I interpreted it as i cannot switch in country. You cannot switch in country. You have to apply from your home country.
2: what are the chances that our FLR application will be granted? Zero chance for the reason you want to use.
3: If the sponsor licence will come up after we submitted the FLR can I change or submit a TIEr 2 application considering that my visa will be expired by then? You still have to apply from home country.


thank you in advance for your urgent reply.

rogue_kath wrote:I have conflicting answers to switching from tier 1 dependent to tier 2 general. 2 lawyers I have consulted ( not related) have told me you can switch as it says any Tier 1 category and tier 1 dependent falls between that category.