Switch to Tier2 after extension refusal. Is it possible?

[kaps84]

Hi Gurus,

I would like to know if a switch to tier2 is at all possible, after the tier1 ent extension refusal?

I can think of two scenarios:

1) Extension refusal received --> got 14 days to apply for AR --> AR applied and refused --> Switch to tier 2. Is it possible?

2) Point 1 (until AR refused) --> Apply for fresh Tier 1 extension --> Vary the application to Tier 2. Is it possible?

Can the refusal reason (for Tier 1 extension) impact the switch to tier 2 ? Any other thoughts are also welcomed.

I am aware that switch to tier2 is possible while tier1 extension application is in progress.

[sm12]

I think you can vary the fresh application and also make a fresh application for tier 2.
Don't think it affects the second application as such though depends on the reasons.

But why are you worried it'll be rejected?

[kaps84]

I think you can vary the fresh application and also make a fresh application for tier 2.
Don't think it affects the second application as such though depends on the reasons.

But why are you worried it'll be rejected?

Hi sm12, Thanks for responding.
I think such thoughts cross one's mind when one is waiting for some time for the result

Well, honestly, I am thinking (just a thought and not a preference) of switching to Tier 2. I think i am a bit anxious about the result now. I would prefer to wait for the Tier 1 extension result, however, also do not want to loose on any Tier 2 switch possiblities, if that is only possible before the Tier 1 extension results are out.

In case, it is at all possible to switch even after the T1 ent extn results are out (and results in rejection), I will shed the thought of switching for now. and will look into the reasons for rejection and assess my odds.

[sm12]

I think you can vary the fresh application and also make a fresh application for tier 2.
Don't think it affects the second application as such though depends on the reasons.

But why are you worried it'll be rejected?

Hi sm12, Thanks for responding.
I think such thoughts cross one's mind when one is waiting for some time for the result

Well, honestly, I am thinking (just a thought and not a preference) of switching to Tier 2. I think i am a bit anxious about the result now. I would prefer to wait for the Tier 1 extension result, however, also do not want to loose on any Tier 2 switch possiblities, if that is only possible before the Tier 1 extension results are out.

In case, it is at all possible to switch even after the T1 ent extn results are out (and results in rejection), I will shed the thought of switching for now. and will look into the reasons for rejection and assess my odds.

Yeah, I'm waiting as well so completely understand the worrying.

But yes, I think you can vary later on.
I've seen someone else switch (not to tier 2 but another category), so I think it's possible.

[kaps84]

Thanks @sm12!

Any thoughts @marcnath, @zimba88, @CR001 or any other respected members? Any past experiences from the cases seen ?

[sm12]

How long have you been waiting?

[kaps84]

5 months now. How about you?

[sm12]

5 months now. How about you?

I'm waiting for ILR since 12 May (4 months).

Most people got it in 3 months so quite worried, especially because I need to travel asap due to family member's serious illness.
Let's see.

[kaps84]

Hi @marcnath, @zimba88, @CR001. Could you please look into my original question and let me know your thoughts?

Hi Gurus,

I would like to know if a switch to tier2 is at all possible, after the tier1 ent extension refusal?

I can think of two scenarios:

1) Extension refusal received --> got 14 days to apply for AR --> AR applied and refused --> Switch to tier 2. Is it possible?

2) Point 1 (until AR refused) --> Apply for fresh Tier 1 extension --> Vary the application to Tier 2. Is it possible?

Can the refusal reason (for Tier 1 extension) impact the switch to tier 2 ? Any other thoughts are also welcomed.

I am aware that switch to tier2 is possible while tier1 extension application is in progress.

[marcnath]

Hi Gurus,

I would like to know if a switch to tier2 is at all possible, after the tier1 ent extension refusal?

I can think of two scenarios:

1) Extension refusal received --> got 14 days to apply for AR --> AR applied and refused --> Switch to tier 2. Is it possible?

2) Point 1 (until AR refused) --> Apply for fresh Tier 1 extension --> Vary the application to Tier 2. Is it possible?

Can the refusal reason (for Tier 1 extension) impact the switch to tier 2 ? Any other thoughts are also welcomed.

I am aware that switch to tier2 is possible while tier1 extension application is in progress.

Both are possible. T1E refusal should not have any impact unless it is because of deception or violation of terms

[kaps84]

Thanks @marcnath @sm12

It's quite assuring. Having said that, if Tier 1 is rejected, and switch to Tier 2 is still successful. Don't you think it will be quite questionable that one has not fulfiled the 5 year legal continous residency (since Tier 1 was refused)?

[marcnath]

Thanks @marcnath @sm12

It's quite assuring. Having said that, if Tier 1 is rejected, and switch to Tier 2 is still successful. Don't you think it will be quite questionable that one has not fulfiled the 5 year legal continous residency (since Tier 1 was refused)?

No, because the overstay period between the two visas will be ignored

[kaps84]

Thanks @marcnath!

[bizman]

Don't be afraid or anxious mate. I know how you can be feeling right now however just hope for the best. You will smile soon.

[kaps84]

Thanks Dear for your encouraging words. 6 Months + still waiting ..

[kaps84]

Hi Gurus, It's now 7 months+ waiting for the Tier 1 (Ent) extension result. I am now preparing to go for a switch to tier 2 (general).

I would like to understand the steps involved that I need to take to avoid any pitfalls:

1) Following a job offer, I am in the final stages of sponsorship discussion (CoS, etc).

2) Other than just applying for Tier 2 (General) application, do I need to take care of any other formalities?
- I am asking this from application variation perspective. Is there another form for variation that I need to fill?

3) Do I separately need to inform the Tier 1 (Ent) extension department (where the extension application was sent) about my tier 2 general application (before or after) the new application is made?

4) I plan to remove myself from the company payroll (this week) and the directorship as soon as the switch is completed (approval received).

With the overall situation, I am a bit confused if application variation is something special that I need to consider other than just sending the Tier 2 application form? without affecting section 3c and continuous residency.

5) Is there anything else I need to consider or be aware of?

[marcnath]

Hi Gurus, It's now 7 months+ waiting for the Tier 1 (Ent) extension result. I am now preparing to go for a switch to tier 2 (general).

I would like to understand the steps involved that I need to take to avoid any pitfalls:

1) Following a job offer, I am in the final stages of sponsorship discussion (CoS, etc).

2) Other than just applying for Tier 2 (General) application, do I need to take care of any other formalities?
- I am asking this from application variation perspective. Is there another form for variation that I need to fill?

3) Do I separately need to inform the Tier 1 (Ent) extension department (where the extension application was sent) about my tier 2 general application (before or after) the new application is made?

4) I plan to remove myself from the company payroll (this week) and the directorship as soon as the switch is completed (approval received).

With the overall situation, I am a bit confused if application variation is something special that I need to consider other than just sending the Tier 2 application form? without affecting section 3c and continuous residency.

5) Is there anything else I need to consider or be aware of?

Just add in the cover letter that you are varying. Otherwise, there is nothing else needed.

[kaps84]

Thanks Marc !

[bizman]

Did HO conduct interview for you. Have they been in touch with you in any way.