Tier 2 and Tier 1 (eceptional talant) at the same time?

[barabashka]

Hi everyone,

I would appreciate your advice on the following issue:
I have recently been offered a permanent position of University Lecturer in one of the UK universities. I liked the professional aspects of the offer and have accepted it.
As I am coming from outside EU, the university is currently working on my restricted COS number for Tier 2 visa.

However, after reading some information about recent UK immigration policies and trends (such as consultations on elimination of the link between Tier 2 visas and ILR), I am not sure coming on Tier 2 visa is a good idea.

In addition, for my opinion it is not possible for an active and internationally recognized scientist to meet the 180 days absences criteria for ILR. This leaves it to "discretion" of the immigration officer, but "discretion" means uncertainty.

Anyway, my question is about possibility of applying to Tier 1 (exceptional talent) visa in addition to Tier 2. Coming on Tier 1 (exceptional talent) would make the situation more certain regarding the ILR perspective.

Does anyone know if both visas can be processed at the same time? If I am successful in obtaining Tier 1 (exceptional talent), I will come in this category, and if not – on Tier 2 (general)?


Many thanks!

[geriatrix]

One needs to submit a passport along with an entry clearance application.

Do you hold dual nationalities? If yes, then possible ... else no.

[barabashka]

Thanks sushdmehta.
Oh, I see...So, it is a technical issue of not having the passport in hands to submit to UKBA for 2 visas...
I am a national of one country (and permanent resident of another one), so I have only one passport...

What if I submit both applications in one package together with one passport?
Or, what if I apply for Tier 1 now while they are working on COS...is it known how long the processing of Tier 1 would take?
Or, what if I obtain Tier 2 with the restricted COS, get back my passport and then apply for Tier 1 before I enter UK? Would they cancell my Tier 2 visa if I am not successful in obtaining Tier 1?

Sorry for so many questions and options, it is all very confusing and strange...

[geriatrix]

What if I submit both applications in one package together with one passport?

You can try and see what happens!

Or, what if I apply for Tier 1 now while they are working on COS...is it known how long the processing of Tier 1 would take?

Processing times

Or, what if I obtain Tier 2 with the restricted COS, get back my passport and then apply for Tier 1 before I enter UK? Would they cancell my Tier 2 visa if I am not successful in obtaining Tier 1?

No.

[geriatrix]

If ILR is an aim, I would strongly suggest that, if you qualify for it, you should aim to enter UK as a Tier 1 (Exceptional Talent) migrant as there is no guarantee that new Tier 2 migrants will remain eligible for settlement in the future (an issue that you are already aware of).

Moreover,
Under current rules, one cannot switch from Tier 2 to Tier 1 (ET). If you wish to change to Tier 1 (ET) at a later date - after entering UK as a Tier 2 migrant - you'll have to leave UK and make an entry clearance application from outside UK. Also, time spent in UK as a Tier 2 migrant will not contribute to the qualifying residential period for settlement as a Tier 1 (ET) migrant (245BF(c)).

So, IMHO, if you qualify for Tier 1 (ET) apply for it first and keep Tier 2 as a secondary alternative (i.e. - apply only if Tier 1 (ET) application fails).

[barabashka]

Thank you so much sushdmehta!