Tier1 - waiting for approval but WP expiring - Urgent Help

[raj_12345]

Dear Seniors,

Couple of months ago, I applied for Tier1 general and the fee was debited on 21-Jul-2009. My work permit is expiring on 6th Oct 2009. Can you please clarify the following?

1. If my Tier1 rejects and if I receive my passport after expiry of my work permit, will I be legally eligible to work for the same company till I get my passport.

2. If my Tier1 rejects and if I receive my passport just 2 days before my work permit expires,

2.1. Do I need to apply for Tier2 immediately in these 2 days or am I eligible to apply with in 30day (2days + 28 day)?
2.2. Am I legally eligible to work for the same company during this period ?

3. What is the maximum time home office can take to process a Tier1 general application, if applied from UK.

I am really frustrated waiting for my passport. I thought of withdrawing my application and submit to my company for Tier2 processing, but withdraw will also take 10 working days, so it makes no sense to withdraw my application now.

Appreciate if you could pls clarification my above my concerns.

Thanks & Regards
Raj

[crowbar6]

Dear Seniors,

Couple of months ago, I applied for Tier1 general and the fee was debited on 21-Jul-2009. My work permit is expiring on 6th Oct 2009. Can you please clarify the following?

1. If my Tier1 rejects and if I receive my passport after expiry of my work permit, will I be legally eligible to work for the same company till I get my passport.
You can continue to work while your application is being evaluated by UKBA. If your Tier-1 is approved, then simply submit a copy of the new visa to your existing employer for their records. If your Tier-1 is rejected, then you need to check if you have the right to appeal or not.

2. If my Tier1 rejects and if I receive my passport just 2 days before my work permit expires,

2.1. Do I need to apply for Tier2 immediately in these 2 days or am I eligible to apply with in 30day (2days + 28 day)?
Yes, your company will need to submit your Tier-2 extension application before expiry of current leave. It is not 30 days as you have stated above.
2.2. Am I legally eligible to work for the same company during this period ?
You can continue to work with existing employer while your application is being decided by UKBA.
3. What is the maximum time home office can take to process a Tier1 general application, if applied from UK.
As per the current statistics at UKBA site and the updates available in this forum, straight forward applications are being decided within 28 calendar days (approx). As your application has taken more, there might be extended checks taking place which usually cover employer verification, degree checks, etc. It's best if you check with your employer if they have been approached by UKBA but haven't responded yet. You can get the updated status from UKBA on phone but only after 14 weeks.

I am really frustrated waiting for my passport. I thought of withdrawing my application and submit to my company for Tier2 processing, but withdraw will also take 10 working days, so it makes no sense to withdraw my application now.

Appreciate if you could pls clarification my above my concerns.

Thanks & Regards
Raj

[raj_12345]

Thanks for your clarifications....the points mentioned by you are really helpful, now am clear.