Applying in my home country or in the UK?

[carioca]

Hi folks,

I have been working in the UK since May 2009, when I was granted a Tier 2 (skilled worker/general) visa for 3 years. In May 2012 I had to apply for an extension, as my current contract ends in November 30th. I was then granted an extension until December 14th, 2012. Meanwhile, I have been offered a new position in the same company, for two years, starting on December 1st, 2012, which I accepted. The employer already issued my new CoS.

All fine, except that I need to apply for a new visa and have planned to travel to my home country for Christmas (ticket booked for 10/12). [I know, the recommendation is not to schedule a trip if you're applying for a visa, but UKBA offers a premium service that I am willing to pay for - yet, I cannot book an appointment.]

That said, I realized that a straightforward (and cheaper) solution could be to apply for the new visa (note it is not an extension, as I'm changing jobs, though within the same company) from my home country. Yet, I wonder whether I'm allowed to. I wonder whether someone could help answering the following questions (if known, please refer to the UKBA documents that would address them):

(1) Am I indeed allowed to apply for the new visa from my home country? Or - as I currently live in the UK - am I required to apply within the UK?

(2) In case I'm allowed to apply from my home country, when should I do it: before my current leave to remain ends (i.e. before December 14th) or before my new contract starts (i.e. December 1st)? (Note that, even though I arrive in my home country on December 10th, I can apply online and pay for the application before December 1st (the application date is the payment date), and schedule an appointment at the World Bridge office in my home town for after I arrive.)

(3) In case I'm allowed to apply from my home country, will I still be automatically awarded 10 points for maintenance funds (given I currently have a leave to remain under the PBS, Tier 2)?

Any help is welcomed and highly appreciated!

(I have contacted WorldBridge asking the same questions, let's see whether they will send an useful reply. I'd also like to contact UKBA by email, so that I have a written answer from them: is there an email to which I can send an enquiry?)

[geriatrix]

For entry clearance application under Tier 2 (General), 245HB(g) applies.

[carioca]

Thanks, sushdmehta. I'm quite scared now:

So, does this mean I cannot be appointed a new job? Does this mean I will have my application refused??? Or does this mean I need to apply from the UK?

[geriatrix]

Or does this mean I need to apply from the UK?

The only option.

[carioca]

OK, I saw that what it means is that I need to apply for a leave to remain in the UK. Thanks!