Urgent:Switching from Tier 1 dependent to Tier 2 or FLR

[rogue_kath]

Hi Guys,


Our visa is expiring on 13th of January 2016.

I am currently on a PBR Tier 1 Dependent and I have a sponsor who applied for a licence and have yet to receive a license after nearly a year of application. we have consulted a solicitor he said that I can apply for a tier 2 within the uk that is considering that the licence will push through before the 13th of January or if not we can file an FLR (o)on the basis that the home office took a long time to process the license considering that is has been applied for nearly a year and the licence applied for is on a shortage occupation list.

Also, my wife is due for her 10 yer ILR which is just short of 2 months so hoping that the home office won't make a decision on our application so she can make a 10 yr ilr application.

Questions:

1: Can i switch to tier 2 within the UK? as the guideline suggest or I interpreted it as i cannot switch in country.
2: what are the chances that our FLR application will be granted?
3: If the sponsor licence will come up after we submitted the FLR can I change or submit a TIEr 2 application considering that my visa will be expired by then?


thank you in advance for your urgent reply.

[CR001]

Hi Guys,


Our visa is expiring on 13th of January 2016.

I am currently on a PBR Tier 1 Dependent and I have a sponsor who applied for a licence and have yet to receive a license after nearly a year of application. we have consulted a solicitor he said that I can apply for a tier 2 within the uk that is considering that the licence will push through before the 13th of January or if not we can file an FLR (o)on the basis that the home office took a long time to process the license considering that is has been applied for nearly a year and the licence applied for is on a shortage occupation list. FLR(O) is likely to be refused fairly quickly. This is NOT a valid reason to submit an FLR(O) application and will be seen as a 'frivolous and vexatious' application just to 'buy time'. Nothing has stopped you to find another sponsor in a year! HO is hot on these 'buy time' FLR applications now. What is the reason for the delay in license application? Clearly your 'sponsor' is failing to meet the requirements.

Also, my wife is due for her 10 yer ILR which is just short of 2 months so hoping that the home office won't make a decision on our application so she can make a 10 yr ilr application. Is your wife the main Tier 1 General visa holder? Does she not qualify for ILR based on Tier 1 G??

Questions:

1: Can i switch to tier 2 within the UK? as the guideline suggest or I interpreted it as i cannot switch in country. You cannot switch in country. You have to apply from your home country.
2: what are the chances that our FLR application will be granted? Zero chance for the reason you want to use.
3: If the sponsor licence will come up after we submitted the FLR can I change or submit a TIEr 2 application considering that my visa will be expired by then? You still have to apply from home country.


thank you in advance for your urgent reply.

[Casa]

Following on from CR001's advice, you should be aware that previous 'frivolous and vexatious' applications submitted to buy time are now a common reason for refusing subsequent visa applications under 320(11) of the Immigration Rules.

[rogue_kath]

Hi Guys,


Our visa is expiring on 13th of January 2016.

I am currently on a PBR Tier 1 Dependent and I have a sponsor who applied for a licence and have yet to receive a license after nearly a year of application. we have consulted a solicitor he said that I can apply for a tier 2 within the uk that is considering that the licence will push through before the 13th of January or if not we can file an FLR (o)on the basis that the home office took a long time to process the license considering that is has been applied for nearly a year and the licence applied for is on a shortage occupation list. FLR(O) is likely to be refused fairly quickly. This is NOT a valid reason to submit an FLR(O) application and will be seen as a 'frivolous and vexatious' application just to 'buy time'. Nothing has stopped you to find another sponsor in a year! HO is hot on these 'buy time' FLR applications now. What is the reason for the delay in license application? Clearly your 'sponsor' is failing to meet the requirements.

Also, my wife is due for her 10 yer ILR which is just short of 2 months so hoping that the home office won't make a decision on our application so she can make a 10 yr ilr application. Is your wife the main Tier 1 General visa holder? Does she not qualify for ILR based on Tier 1 G??

Questions:

1: Can i switch to tier 2 within the UK? as the guideline suggest or I interpreted it as i cannot switch in country. You cannot switch in country. You have to apply from your home country.
2: what are the chances that our FLR application will be granted? Zero chance for the reason you want to use.
3: If the sponsor licence will come up after we submitted the FLR can I change or submit a TIEr 2 application considering that my visa will be expired by then? You still have to apply from home country.


thank you in advance for your urgent reply.

Maybe FLR(o) would not be the best category. I am looking at FLR(FP) as an alternative at the moment as we have a son who was born here.

The last communication with the home office regarding the sponsor application was just to wait as they need to visit the premises.Finding a sponsor is not that easy even for a year specially if you have settled in the job and your sponsor applied for a licence so they can keep you, who would have expected HO would take this long.

I have conflicting answers to switching from tier 1 dependent to tier 2 general. 2 lawyers I have consulted ( not related) have told me you can switch as it says any Tier 1 category and tier 1 dependent falls between that category.

[vinny]

I have conflicting answers to switching from tier 1 dependent to tier 2 general. 2 lawyers I have consulted ( not related) have told me you can switch as it says any Tier 1 category and tier 1 dependent falls between that category.

A Tier 1 dependant is not a Tier 1 category!

Moreover, it's clear that 245HD(b) fails.

[rogue_kath]

Thank you for all the replies.

I will get back to my solicitor tomorrow and see what evidence he can show me that I can apply to switch from Tier 1 dependent to Tier 2 General.

Now I am confused as to what FLR category we can somehow justify to apply for our application to be not classified as "'frivolous and vexatious' as ultimately my wife will hve to apply for 10 yr settlement in 2 months time?

I am considering a FLR (FP) as i have a 3 year old son who is in nursery and doesn't have any links outside the UK?

Any other ideas?

Please help.