Switching from Discretionary Leave to Tier 2 (General)

[samle]

Dear all,

I was just granted D-LTR following my Tier 2(G) appeal success.

I was just wondering if I can apply in-country Tier 2(General) with a new COS, meeting all the requirements (i.e score enough points).

Thank you.

[manci]

I don't think you can switch to T2G in-country, however, if you have DLR you are allowed to work, see para 1.1:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

[samle]

I don't think you can switch to T2G in-country, however, if you have DLR you are allowed to work, see para 1.1:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

Hi manci,
Thanks for the response. Yes, I understand that I'm allowed to worked with DLR.

my situation is quite complicated.

Had UKBA granted me T2G i would have qualified for ILR with 5 years (WP + T2G) next week. now since I was granted DLR, it's stated that i'll qualify for ILR only with 10 years continuous stay. DLR(30months) given me now falls short about 8 months to complete 10 years continuous stay, that why i was thinking of switching to T2G hoping to get 3 years with T2G so that i don't need to extend DLR which I presume is more difficult or complicated.

Should I challenge UKBA's DLR decision to give me T2G instead? (my conditions are different now, I even started working 4 months ago with the confirmation letter from the UKBA stating that I can work with current CoS i applied for T2G) - I just don't understand that I was granted DLR instead.

what if I leave the country and apply with out-of-country T2G application, would my continuous stay break ?

I would be very grateful if you could give me some suggestions.

Thank you.

[manci]

Should I challenge UKBA's DLR decision to give me T2G instead? (my conditions are different now, I even started working 4 months ago with the confirmation letter from the UKBA stating that I can work with current CoS i applied for T2G) - I just don't understand that I was granted DLR instead.

This is not clear. Did UKBA tell you that you can work as a T2 migrant with the CoS that was assigned to you? How does this square with DLR?

[samle]

Should I challenge UKBA's DLR decision to give me T2G instead? (my conditions are different now, I even started working 4 months ago with the confirmation letter from the UKBA stating that I can work with current CoS i applied for T2G) - I just don't understand that I was granted DLR instead.

This is not clear. Did UKBA tell you that you can work as a T2 migrant with the CoS that was assigned to you? How does this square with DLR?

Hi manci,

thanks again for the response.

here is the actual statement from the UKBA in response to Employer checking service (ECS) enquiry form sent from our company.

"Therefore I can confirm that this individual is currently entitled to stay and work in the United Kingdom within the restrictions of their Certificate of Sponsorship, previously issued by yourselves, on the basis of an outstanding appeal against a refusal of an application for Leave to Remain in the United Kingdom."

Does it not mean that I'm qualify for T2G leave ?

There was only one CoS which has ever been issued to me by my current company. My T2G was refused with this CoS.

Thank you.

[Jeeves]

That wording (sent to your employer by the Employer Checking Service I presume) implies the UKBA still think your appeal is ongoing and that you can work on the terms of the visa you held on the day your applied.

[samle]

That wording (sent to your employer by the Employer Checking Service I presume) implies the UKBA still think your appeal is ongoing and that you can work on the terms of the visa you held on the day your applied.

Hi Jeeves,
Thanks for the response. I understand your point. But on the day that I apply, my CoS was assigned by my previous employer, not my current employer. I never worked with my current employer until we received confirmation from ECS. Also the wording "issued by yourselves", does it not mean that issued by my current company? If it meant CoS with the previous company then I as far as I understand I am not allowed to start working with my current company until my T2G is granted with my current employer. Am i wrong?

That's why I'm confused.

Thanks.

[Jeeves]

Your understanding is right - I think UKBA have made a mistake in assuming the company requesting information is the same one that assigned the CoS.