found a tier 2 sponsor while tier 1 application in progress

[santosh_mahaveer]

Hello members. A great confusion.

I have made a in country psw to tier 1 enterprenuer visa application along with my dependent. Applied in may bio given in end of may nothing heard so far. Got a job offer who is willing to sponsor for tier 2 and I will be starting the job on monday. What should I do now? My PSW leave to remain has already expired few days after I applied for tier 1ent visa.

Can I withdraw the application and apply for tier 2. Please note I dont have a valid visa right now...

Should I wait for the decision and then apply for tier 2.

My business is also picking up pace. but this job is with a good company.

If UKBA calls me for an interview and I tell them the truth that I found a job and started working, I think that ll make them reject my tier 1 visa. dont know what to do guys. please suggest me a way forward.

[KickAss]

Hello members. A great confusion.

I have made a in country psw to tier 1 enterprenuer visa application along with my dependent. Applied in may bio given in end of may nothing heard so far. Got a job offer who is willing to sponsor for tier 2 and I will be starting the job on monday. What should I do now? My PSW leave to remain has already expired few days after I applied for tier 1ent visa.

Can I withdraw the application and apply for tier 2. Please note I dont have a valid visa right now...

Should I wait for the decision and then apply for tier 2.

My business is also picking up pace. but this job is with a good company.

If UKBA calls me for an interview and I tell them the truth that I found a job and started working, I think that ll make them reject my tier 1 visa. dont know what to do guys. please suggest me a way forward.

It comes down to what you want !

Legally :- Till you hear from UKBA your previous Visa is valid. Hence you can work according to PSW regulations.

I am actually a bit surprised that your employer has offered you a job in spite of knowing your visa has already expired and you have applied for T1E. (Dont take me wrong its good for you).

Now as I said earlier, you have decide a little bit before you get decision. Coz lets say you started working for your employer on Monday and you got your T1E visa on Tuesday. Then legally you cannot work for your employer.
(Considering your job is a Permanent job).

So if I were you I would decide what I want to do first

If Permanent Job then
1) Confirm with Employer that they are 100 % sure they will give you sponsorship and then withdraw ur application.

If Tier 1 E
1) Continue doing ur Business or Job (Which ever is more profitable/Preferred ) and as soon as you get T1E, you have to tell your employer that your current visa does not allow you to work for them on permanent role , unless its a contract through your company + match of services your company offer.


Cheers

[Darvesh]

if one withdraw his application and existing leave has already expired then your stay will not be legal any more.

u may be able to make T2 application however it will be considered out of time application and you wont get any right of appeal if something goes wrong.

u better wait for ur existing application outcome and then decide ur next move so that u will have legal stay here atleast.

[sabuj263]

Agreed with Darvesh.

[santosh_mahaveer]

Thanks for the advice guys.

@Kickass I was also surprised when the employer offered me a permanent position. I actually went to interview for a contract position but after the interview they said they want me to join as a permanent employee, I told them about the visa and what options I had. Then they took a couple of days time and agreed to sponsor. I forgot to mention this in my earlier post, my employer doesn't currently have a Tier 2 license but is in the process of getting one.

Based on your comments guys, the best way forward for me I think is to wait for the Tier 1 visa decision and explain to my employer that it is illegal to be a permanent employee once I hold tier 1 visa (therefore switch to contract until company gets the license to sponsor). then apply for a tier 2 visa....

worst case scenario: If my tier 1 visa gets rejected and if my company has acquired the license by then, will I have an option to apply for a tier 2 visa then. Need your expert advice guys!!. Tell me if I am thinking in the right direction.

UKBA gets my head spinning, I am not intellectual enough to understand their policies...

[Darvesh]

wait for ur T1E application decision n then u can make ur next move.
u can switch once u had ur T1E.

worse case scenario if u application will get refused and yes u can apply for tier 2 application within 28days however u wont be having right of appeal on new application.