Cont. Tier 2 or switch to Tier 1

[NikitaRaj]

Hi All,

Need your advice here:

I'm on Tier 2 (ICT). My first WP was from Feb 2008 for 2 yrs and I entererd the UK on 7th Apr 2008.
2010 Feb I applied for ICT and it is valid until Feb 4th 2013. This is would take me to 4 yrs 10 months

which means I have to extend my ICT for applying ILR.

My initial plan was to apply Tier 1 visa in May so I can then apply for ILR near its expiry. Now that the

rules are changing from Apr 2011 regarding Tier 1 visas I'm confused what my next step should be. My

options here but truly need your advice -

Option 1 - Apply Tier 1 around March 20th which will take to 4 yrs 11 months and few days which will make

me eligible for ILR? (Is it necessary to complete 5 yrs or 4 yrs 11 months is fine?). The problem is that

the phone bookings seem to have stopped and the online booking shows no dates at all. My nature of job its

very difficult to send my passport away for 2 months, but if thats the only option I'll have to.

I cannot apply for Tier 1 right away because after 2 yrs I would not be eligible to extend (to complete 5

yrs) because of my age factor.

Option 2 - Remain in Work Permit as mentioned above.
Risk - I'm tied to the company and they could ask me to go back anytime.

Please advice.

[geriatrix]

The advantage Tier 1 (General) offers is the freedom to switch employers and/or be self-employed. And also takes away the uncertainty that your employer may not be able to get a CoS for you (given the limits on CoS) or that the employer may send you back before you're able to apply (and be granted settlement).

The decision is for you to make - whether to continue on Tier 2 or switch to Tier 1 (General) before the scheme is closed.

As for settlement, under current rules, you cannot apply any earlier than 28 days before the 5th anniversary of your entry in the UK. Given the dates, you cannot apply for settlement before 10-Mar-13 therefore, if you wish to switch to Tier 1 (General), make sure you the visa issue date is no earlier than 11-Mar-2011 (e.g. - if applying in-person, don't book an appointment before 11-Mar).

The only way to get hold of in-person appointment online is perseverance!




regards

[NikitaRaj]

Thanks very much sushdmehta.
I now plan to wait for a date from 2nd week of March for in person appointment, else plan to post.