Switching Category while Tier 1 Extension in progress

[aahish]

Hi All,

I wanted to Switch my visa Category to tier 2 while my Tier 1 Extension in progress due to some emergency back home but my question is

1) Can i withdraw my Tier 1 extension application ( Before any decision made by home office ) and apply from my home country to a Tier 2 category does it have any affect on my continuous stay as i am i eligible for 10 years long residence in 2019. I can go for Tier 2 same day application but i could not risk that there are chances by home office to keep the application in pending again as it happened to my friend so, due to the emergency i cannot risk now. Please advise

My timeline: June 2017
Interview at my office: December 2017.

Thank you

[marcnath]

Hi All,

I wanted to Switch my visa Category to tier 2 while my Tier 1 Extension in progress due to some emergency back home but my question is

1) Can i withdraw my Tier 1 extension application ( Before any decision made by home office ) and apply from my home country to a Tier 2 category does it have any affect on my continuous stay as i am i eligible for 10 years long residence in 2019. I can go for Tier 2 same day application but i could not risk that there are chances by home office to keep the application in pending again as it happened to my friend so, due to the emergency i cannot risk now. Please advise

My timeline: June 2017
Interview at my office: December 2017.

Thank you

Yes, you can withdraw your application and go home and apply for Tier 2. As long as you do not have more than 180 day break, your 10 year should not be broken. Obviously, there is no assurance of your Tier 2 being approved with 180 days or at all - that is the risk you take.
And, of course, nothing stops you from doing so after a decision is made either.

[aahish]

Thanks marcnath. Does the same applies to dependent. What happens if the dependent withdraws ( while main applicant still waiting for decision) does the dependent clock turns zero if they apply from home country . I have read somewhere on this forum Im trying to get the link but I couldn’t find. Thank you

[CR001]

The same rules apply to dependent as for main visa applicant, as marcnath has stated.

Remember that the Section 3C ends when you withdraw and you will be considered an overstayer from when your last visa expired.

Your passport also likely won't be returned to you if your visa has already expired and will be given to you at the airport when you leave.

[aahish]

Thanks for your response CR001.

Remember that the Section 3C ends when you withdraw and you will be considered an overstayer from when your last visa expired. is that mean my clock turns to zero if I withdraw now as my visa expired in July 2017? I’m confused now

[aahish]

Thanks for your response CR001.

Remember that the Section 3C ends when you withdraw and you will be considered an overstayer from when your last visa expired. is that mean my clock turns to zero if I withdraw now as my visa expired in July 2017? I’m confused now or the previous over stay will be ignored once my new application approved from home country?

[CR001]

The overstay will only be ignored if your current application is approved as you currently have Section 3C protection, which does not apply to applications outside the UK and a new entry clearance visa.

[aahish]

Thank you CR001

Good Morning

Is that mean my clock turns to zero if I withdraw now and apply from home country? Sorry if I’m confused what about the above message from marcnath which states I’m still eligible for 10 years what’s the difference any logic applies? Thank you

[marcnath]

Thank you CR001

Good Morning

Is that mean my clock turns to zero if I withdraw now and apply from home country? Sorry if I’m confused what about the above message from marcnath which states I’m still eligible for 10 years what’s the difference any logic applies? Thank you

I may have missed a very fine point.
The 10 year is not broken if you left with a valid leave and returned within 180 days.
However, CR001 brought up an issue that will complicate this.
Your section 3C will end when you withdraw the application. There will then be a few days between the withdrawal and your departure - correspondence time at the minimum. You would be an overstayer for those days which will reset your 10 year clock. Not sure how to manage that timing challenge.

[aahish]

Thank you Marcnath & CR001,

This is very clear now. Thank you so much both but is there any way that I can cover the gap between withdrawal and departure. Dear experts any advise could be really great. Thank you

[aahish]

Hi Marc & CR001

Does the gap between withdrawal and departure does this over stay have any affect on my new tier 2 application from my home country. Thank you

[marcnath]

Hi Marc & CR001

Does the gap between withdrawal and departure does this over stay have any affect on my new tier 2 application from my home country. Thank you

Not if it is very short - less than 30 days

[aahish]

Thanks Marc you mean the time of overstay within UK during the process of withdrawal or you mean I should apply tier 2 with in 30 days after withdrawal sorry but I just want to make sure.
Also, could you please advise how many days does it take to get the passport back at airport after withdrawal.
Thank you

[marcnath]

Thanks Marc you mean the time of overstay within UK during the process of withdrawal or you mean I should apply tier 2 with in 30 days after withdrawal sorry but I just want to make sure.
Also, could you please advise how many days does it take to get the passport back at airport after withdrawal.
Thank you

Overstay of more than 30 days brings you under general grounds of refusal- so almost automatic refusal for all future visa applications for a year at least.
Unfortunately I have no idea about timing of withdrawal to passport return

[marcnath]

There is one option to leave without being an overstayer. Though I am not sure if it is feasible.
Technically if you get a temporary or second document from your embassy that allows you to leave (one that airlines will accept) then your departure triggers the withdrawal and you would have left with current leave, thereby preserving the 10 year clock.
One other thing to check though.
@CR001 seem to indicate that withdrawal during 3C makes you overstayer from visa expiry. I am not sure about that but if true, then this will not help.

[marcnath]

I have done some further checks and my original understanding appears to be correct.

As per the guidance https://www.gov.uk/government/publicati ... procedures, pg 23:

Request to withdraw an in time valid application where the applicant’s leave has expired and they had transitioned to 3C leave
If all validation requirements have been met but the migrant still wishes to withdraw their application, you must notify them using ICD.5142, to say that their application has been withdrawn as requested and that their leave ended on the date the application was withdrawn. You do not need to refund the fee.

So, on withdrawal, you leave ends only on date of withdrawal, not on expiry of visa.

Interestingly Pg 22 of the document has a couple of other points.

If the person has transferred onto section 3C leave because they made an in-time application and their leave expired before they left the UK, their section 3C leave expires when they leave the UK.

Also,

You must not treat an application as withdrawn if the person:
• does not request the return of their passport and instead travels outside the CTA on another passport, an emergency travel document or illegally

So, if you leave the country with another document, your application will continue to be processed until you formally withdraw the application. And technically, they could still approve your extension. However, it is immaterial since you cannot enter the country again to get your extension documents because your Section 3C would have ended.

[aahish]

Thank you Marc & CR001

I’ll do my research. Marc any further updates could be really helpful. Guys any ideas about the about the above topic really helps me please let me know the pros and cons the reason why I’m asking is discussion really helps as missing a simple logic can cost a lot. Thank you

[aahish]

Hello,

Good Afternoon all,

As per our recent conversation i spoke to a solicitor he is saying that the withdrawal form will be signed by the applicant at the time of departure at airport so, that means technically we are leaving on the day of withdrawal and it doesn't have any affect on continuous stay according to my solicitor version. Can any one ( Zimba, Marcnath, CR001 ) advise is that really true? my experience from this forum is very clear that its not correct to blindly trust solicitors. Please advise. Thank you

[marcnath]

Hello,

Good Afternoon all,

As per our recent conversation i spoke to a solicitor he is saying that the withdrawal form will be signed by the applicant at the time of departure at airport so, that means technically we are leaving on the day of withdrawal and it doesn't have any affect on continuous stay according to my solicitor version. Can any one ( Zimba, Marcnath, CR001 ) advise is that really true? my experience from this forum is very clear that its not correct to blindly trust solicitors. Please advise. Thank you

I am personally not aware of the process.

You could write to the HO and ask. If they provide a written reply that can always be used if you have a problem later.

[aahish]

Hello All,

If i Switch from Tier 1 Entrepreneur Ext to Tier 2 while my Tier 1 Entrepreneur Extension is under process can i go for the same day service appointment for Tier 2 Visa. If so, Do i need to follow any particular steps? Please advise Thank you

[zimba]

Yes. You can switch to Tier 2 at a PSC by appointment

[aahish]

Hi Zimba, Thank you for your reply as my documents are already with Home Office don't they ask for my passport ? which is already with Home Office. I have seen two cases with my friends previously who are exactly in the same situation as mine one got approved and one was sent back and suggested him to apply through post ( refunding his premier application fee ). I'm really confused now what the exact procedure is please advise me what i need to do if they ask me for the passport at the entry? Do i need to inform them prior via email? Any email i'd please advise.


As per my previous question This may help someone i have been to citizens advise bureau last week was able find the answer from the legal adviser 1) Can i withdraw my Tier 1 extension application ( Before any decision made by home office ) and apply from my home country to a Tier 2 category does it have any affect on my continuous stay as i am i eligible for 10 years long residence in 2019.

Answer by Legal adviser : Our clock turns Zero technically. But if we leave the country on the same day of withdrawal Case workers might consider this and it it could be a success or a failure as it completely depends on the case worker. Also, if someone wanna leave in emergency to home country while their application was in pending they can request the home office a temporary travel document with necessary proof. When i asked for more questions how it works he gave me his business card which will be charged as the legal adviser is a private solicitor they only gives us particular piece of information ( To be honest it was really helpful ) . At least this info of temporary travel document may be helpful to others. Thank you

[marcnath]

The correct procedure for varying a postal application is to post the new application. Accepting it at the PEO directly is at the discretion of the CW that you land up with.

On the temporary travel document you probably heard it incorrectly. As you are not an UK citizen HO can’t issue such a document. However your embassy can. Normally it will be limited to travel home from where you need to get new documents. If you do that, you are technically leaving with a valid visa and if you return within 180 days with a valid visa, your continuous stay is not broken.
You can formally withdraw your extension application once you leave the country ( it is automatically withdrawn anyway)

[aahish]

Thanks Marc. Can anyone please advise if i go for Tier 2 on the day premier service and can i apply for my dependent through a postal application? please note that my Tier 1 extension is still under process. Thank you

[aahish]

Please someone help with my query. Also, please someone suggest if we switch from Tier 1 to Tier 2 before the decision has been made can i get my Tier 1 application fee back? Please advise Thank you