Switching from Tier-2 Dependent Visa to Tier-2.

My wife was on Tier-4 Visa and completed her PhD from a Uni in the UK and I was on her dependent visa i-e Tier-4 Dependent Visa. After sometime I got a job and got my Tier-2 Visa sponsored by an A-rated sponsor and later on she also switched from Tier-4 to Tier-2 dependent visa.

Now she is likely to get a job as Doctor in training for which she will be sponsored by one of the NHS trusts. And since her current visa has restrictions of " No work as Dentist or Doctor in Training" . She would need a tier-2 of her own. My questions are:

1- Would she be able to switch to Tier-2 from Tier-2 Dependent without having to go back to Home country to make an application.

2- And if she has to go to home country to make Tier-2 application, would this be considered as a period of discontinuity if she plans to apply for ILR on 10 years route(though her visa is still valid for another 8 months).

3- Would she be exempt from RLMT being a graduate from the UK Uni.

Thanks

1. No, she must apply from home country.

2. Not if she is away for less than 180 days.

3. Possibly not as she is not changing to Tier 2 from Tier 4.

Thanks for prompt reply.

1- If her Visa application gets rejected from home country, would her existing visa i-e Tier-2 Dependent prevail and would she still be able to return to the UK as my dependent?

2- Ok

3- Its quite unclear as per UKVI guidance as it also says something like IF THEIR LAST VISA WAS TIER-4. Hers was Tier-4 prior to this one(tier-2 dep) ?

Many thanks.

1. No, her current dependent visa will not be cancelled if her Tier 2 General application is refused.

3. Her sponsor will likely be required to meet the RLMT.

Thanks, could you please comment regarding her RLMT exemption and Visa application from within UK in the light of the following references from UKVI guidance;

As per Tier 2_5 Sponsor guidance

28.8 You do not have to carry out a resident labour market test if a migrant you
want to sponsor is already in the UK and is applying to switch into Tier 2
(General) leave and has, or was last granted leave to enter, or to remain in,
the UK under one of the following:
• Tier 1 (Post-Study Work)
• Tier 1 (Graduate Entrepreneur)
• the International Graduates Scheme
• the Fresh Talent Working in Scotland Scheme
• the Science and Engineering Graduates Scheme
• where they have, or were last granted, leave as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave,
that includes their last grant of leave, they have received final results
confirming they have either:
o passed and will be (or have been) awarded a UK recognised
bachelor’s or master’s degree or
o passed and will be (or have been) awarded a UK Postgraduate
Certificate in Education or
o passed and will be (or have been) awarded a Professional Graduate
Diploma of Education or
o finished a minimum of 12 months study in the UK towards a UK PhD

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As per Tier 2 policy guidance:

Resident labour market exemptions

Tier 4 students
113. You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have or were last granted entry clearance, leave to
enter or remain as a Tier 4 migrant

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As per Tier 2 policy guidance:

Switching
16. You can apply from inside the UK if you have, or were last granted, leave in one of the
categories listed in the table below:
Switching into
Tier 2 (General),
Tier 2 (Sportsperson) and
Tier 2 (Minister of
Religion)
• Any Tier 1 main applicant;
• Any Tier 2 main applicant1;
• Tier 4 student2;

She doesn't currently hold a Tier 4 visa and she cannot switch within the UK on her current dependent visa. She has to apply from home country which is not a 'switch' but a new entry clearance visa.