Desperate for information - T2(G) new job

[svasu]

Dear Manci and Gurus,

I was on Tier 2 (G) visa up until 1 Aug 2014. I was made redundant on 30 June 2014. I applied for a Tier 1 (entrepreneur) visa on 9 July 2014 and was rejected and currently it is going through an appeal process. I am in discussion with a prospective emloyer and am desperately seeking answers to questions below.

1) Can I again apply for Tier 2 (G) if a new company assigns a COS?
2) which application form should I be using? Tier 2 (G) new application or Tier 2 (G) extension?
3) When do I have to withdraw the Tier 1 (Ent) appeal?
4) should a new employer conduct an RLMT and is it a must for an employer to advertise the job on job centre website? Is it my responsibility to make sure the job is advertised on job centre or is it the employer's? Not sure if I should clarify this with the prospective employer?
5) I have been on Tier 2(G) since Aug 2011, would continuing in Tier 2 (G) make me eligible for ILR say in Aug 2016?

I am extremely worried about my current situation and any response to the questions raised would be immensly helpful.

Regards,
svasu

[svasu]

Hi Gurus,

any response to my above query is much appreciated. plz.. hope you dont over look this thinking its not relevant or important.

Regards,
svasu

[zack_snyder]

Hi SVASU,

Ans 1) YES
Ans 2) Tier 2 General New Application
Ans 3) When you are ready to submit the new application
Ans 4) Yes a RLMT will need to be conducted for a continuous period of 28 Days on the Job centre website and any other job site. It is the Employer who will be Advertising the job.
Ans 5) No i am afraid not, as your period has been broken, you will have to start all over again in this category. Do bear in mind that from April 2016 people who have an earning of about £35000 per annum will be eligible for ILR.

Hope this helps

[manci]

2)
for in-country extension and change of employment applications the application form is the same:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
5)
IMHO
Since you applied in-country for T1 leave while you had valid (unexpired) T2 leave the latter continued under section 3C and still continues if you appealed the T1 refusal in-time. If you withdraw the appeal you can make a T2G application within 28 days of the refusal but remember that to be able to do so you'll need a CoS which is likely to have to be preceded by a RLMT. If your T2G application is granted continuity for ILR will not have been broken.

[svasu]

guys many thanks for your response.

@Manci: your understanding is correct. The appeal against Tier 1 refusal was submitted within the stipulated time. When you say I will have 28 days to submit a tier 2 application after refusal do you mean 28 days from the point I withdraw my appeal in this case?

Just to make sure I have understood this correctly, if the ILR continuity is not broken then I shall be eligible for ILR in Aug 2016 and dont have to wait for 2 years from the date of new Tier 2 visa approval?

Can I submit a Tier 2 application a day after I withdraw my appeal or do I have to wait for a formal confirmation/letter from the court saying my request to withdraw the appeal has been accepted? my prospective employer would be wanting me to start at the earliest and keeping this is mind I am considering the option of an in-person visa service. The last thing I want is to turn up at the visa office just to be sent back or application refused because the HO does not have evidence of withdrawing my appeal. Any thoughts/suggestions on how to handle this situation?

Can I still opt for an in-person Tier 2 visa service considering my documents are with the HO (passport and other originals) since Tier 1 visa was refused?

[manci]

guys many thanks for your response.

@Manci: your understanding is correct. The appeal against Tier 1 refusal was submitted within the stipulated time. When you say I will have 28 days to submit a tier 2 application after refusal do you mean 28 days from the point I withdraw my appeal in this case?
yes, I mistakenly wrote 28 days from the refusal but meant 28 days from when you withdraw the appeal because from that point you will be an overstayer but overstaying up to 28 days is disregarded

Just to make sure I have understood this correctly, if the ILR continuity is not broken then I shall be eligible for ILR in Aug 2016
yes
and dont have to wait for 2 years from the date of new Tier 2 visa approval?

Can I submit a Tier 2 application a day after I withdraw my appeal or do I have to wait for a formal confirmation/letter from the court saying my request to withdraw the appeal has been accepted?
the date of withdrawal is the date when the FTT receive the withdrawal request from you. I suppose you can submit the application any time after this date even if the physical confirmation is not to hand at that stage but will be produced later. It should be available latest when you apply in-person at the PEO. Ask the FTT how long they take sending out such confirmations.

my prospective employer would be wanting me to start at the earliest and keeping this is mind I am considering the option of an in-person visa service. The last thing I want is to turn up at the visa office just to be sent back or application refused because the HO does not have evidence of withdrawing my appeal. Any thoughts/suggestions on how to handle this situation?
see above

Can I still opt for an in-person Tier 2 visa service considering my documents are with the HO (passport and other originals) since Tier 1 visa was refused?
Search the forum and/or ask the HO - I recall a post where it was suggested (apparently by a solicitor) that in such situations the HO will supply a certified copy. The premium service cannot be used for complex application, check with the HO. Consider also the priority postal application:
https://www.gov.uk/tier-2-priority-applications

Also suggest that you look at this gov publication which is for caseworkers:
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

[svasu]

Thanks manci.