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Switch from Tier 2 General Dependent to Tier 2 General Main

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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rganeshe
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Switch from Tier 2 General Dependent to Tier 2 General Main

Post by rganeshe » Wed May 13, 2015 9:37 am

Hello,

Is it possible to switch from Tier 2 General Dependent to Tier 2 General Main within uk or need to apply from home country?

Does my prospective employer has to carry out Labor Market test and issue restricted CoS or these steps are not involved and unrestricted CoS can be issues?

Many Thanks for help in advance.

iworker
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by iworker » Wed May 13, 2015 1:34 pm

RLMT, restricted cos and apply from home country

arkrr
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by arkrr » Wed Jun 10, 2015 12:31 am

I am on a Tier 2 General visa. Have been here since 1 year. My wife is on dependent VISA(T2 General dependent) since december 2014(6 months)
now she wants to move to Tier 2 General as one company wants to offer.(The company is not ready to employ a dependent for various reasons). Now..
1) I understand that she has to apply for Tier 2 general visa from her home country(India). right ?
2) cooling off period is not applicable for her. right ?
3) I can apply for a T2 dependent visa from with in UK. right? and no cooling off period for me as well?
4) If I apply for the T2 dependent visa, the current period of 1 year that I spent on T2 general be counted towards ILR?
5) For my wife, these 6 months period that she spent on T2 general dependant visa be counted for the ILR - as she is shifting to T2 general?

Please help me and clarify.

Also are there any restrictions on the salary for Tier 2 general if we want to shift the sponsor? what are the min salary requirements when I apply for ILR. If yes, the salary restriction only applies to the last year?

moonlight55
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by moonlight55 » Wed Jun 10, 2015 8:17 am

arkrr wrote:I am on a Tier 2 General visa. Have been here since 1 year. My wife is on dependent VISA(T2 General dependent) since december 2014(6 months)
now she wants to move to Tier 2 General as one company wants to offer.(The company is not ready to employ a dependent for various reasons). Now..
1) I understand that she has to apply for Tier 2 general visa from her home country(India). right ?
Yes.
2) cooling off period is not applicable for her. right ?
Correct.
3) I can apply for a T2 dependent visa from with in UK. right? and no cooling off period for me as well?
Correct.
4) If I apply for the T2 dependent visa, the current period of 1 year that I spent on T2 general be counted towards ILR?
I don't think so. Someone else with similar experience can confirm. Even if it's counted, your spouse's with definitely get reset and since you will move to her dependent, logically a dependent cannot apply ILR before his/her main applicant.
5) For my wife, these 6 months period that she spent on T2 general dependant visa be counted for the ILR - as she is shifting to T2 general?
No. The ILR period will be reset.

Please help me and clarify.

Also are there any restrictions on the salary for Tier 2 general if we want to shift the sponsor?
It has to be atleast the minimum amount mentioned for the SOC code the applicant is applying for.
what are the min salary requirements when I apply for ILR. If yes, the salary restriction only applies to the last year?
As per current rules, 35K at the time of application. Need not be for the entire last year.

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CR001
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by CR001 » Wed Jun 10, 2015 9:03 am

4) If I apply for the T2 dependent visa, the current period of 1 year that I spent on T2 general be counted towards ILR?
5) For my wife, these 6 months period that she spent on T2 general dependant visa be counted for the ILR - as she is shifting to T2 general?
As moonlight55 has advised, both of you will start a new 5 years qualifying period for ILR if you switch as above. The time spent on your current visa status will not be counted towards the new 5 year residence requirement.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

arkrr
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by arkrr » Thu Jun 11, 2015 8:56 am

Many thanks guys...

It really helped me. Appreciate your time and knowledge on this.

vengaishiva
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by vengaishiva » Wed Oct 21, 2015 2:40 pm

Hi,
I have read from the UK govt. website that you cannot convert a tier-2 ICT dependent visa to Tier-2 General without leaving UK and you also should serve cooling-off period. Is it true? Please help :roll:

moonlight55
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by moonlight55 » Wed Oct 21, 2015 2:44 pm

Partially true. You will have to leave UK and apply for entry clearance Tier 2 general visa from your home country. Cool-off is not applicable if you are on dependent visa.

rohit110
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Tier 2 General Cooling appliable or not? please help

Post by rohit110 » Thu Mar 17, 2016 10:37 am

Hi,

I first entered UK as Tier 2 (ICT _ PBS dependent) on 18th Feb2014. Later, I got job and switched VISA to Tier 2 General VISA from my home country valid till Dec’2017.

As the company who sponsored my VISA ramped down. I had to switch back to my husband’s Tier 2 (ICT _Long term dependent VISA) on 1st Aug2015.

I switched from my Tier 2 General VISA to Tier 2 (ICT _Long term dependent VISA) from UK only and didn’t leave UK.

Now, I have got a job offer and my client is ready to sponsor my Tier 2 General VISA.

Is Tier 2 General Cooling off period applicable to me as I didn’t leave UK or I can apply Tier 2 General VISA now from my home country?

Appreciate a quick response.

moonlight55
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Re: Switch from Tier 2 General Dependent to Tier 2 General M

Post by moonlight55 » Thu Mar 17, 2016 3:57 pm

In your case cool-off of 12 months will be applicable from the day you moved out of your previous T2 visa which is from 01-Aug-2015. Hence, you can only apply for another T2 visa (as main applicant) after 01-Aug-2016.

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