Tier 2 - Skilled Worker Visa to ILR

Hello Experts,

I had a Tier 2 ICT visa (sponsored by employer 1) started on Jan-2011 and I am eligible for 10 years long residence ILR which is due on May-2022. My wife and child are on dependent visas and she is eligible for 10 years long residence ILR on Aug-2022. There was a year gap in between, so the start date of the 10 years residence ILR starts from May-2012.

In Oct-2019 I had changed my visa and dependent visas to Tier 2 General visa ( 3 years visa sponsored by an employer 2) which is ending on Oct-2022. So, within Oct-2022 we all can apply for ILR.

At present, I have been offered another job by another employer and they are initiating skilled worker visa and dependent visas.

Questions:

• Will there be any impact on the 10 years long residence ILR if I switch from Tier 2 General to Skilled Worker visa?

• What is the minimum length of the Skilled Worker visa? 2 Years?

• Is there any way I can waive dependent visas and IHS cost during skilled worker/depdendent visa application?

• I would like to spend less on my skilled worker and dependent visas. What should I consider to do that?

Many Thanks,
SM

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

Will there be any impact on the 10 years long residence ILR if I switch from Tier 2 General to Skilled Worker visa?

No. As long as you can show 10 years continuous and lawful residence you can change jobs as many times as you like.

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

What is the minimum length of the Skilled Worker visa? 2 Years?

The length of the visa will depend on the work period given in the CoS.

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

Is there any way I can waive dependent visas and IHS cost during skilled worker/depdendent visa application?

If your dependants' current permissions are to Oct 2022 there is no need to apply for new visas for them as from your description it seems that they will be eligible to apply for ILR before their current permissions expire.

Many Thanks for your response. Further queries

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

Will there be any impact on the 10 years long residence ILR if I switch from Tier 2 General to Skilled Worker visa?

No. As long as you can show 10 years continuous and lawful residence you can change jobs as many times as you like.

manci wrote: ↑

Fri Jun 04, 2021 2:14 pm

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

What is the minimum length of the Skilled Worker visa? 2 Years?

The length of the visa will depend on the work period given in the CoS.

- If I apply CoS for a year then are you saying that I can apply skilled worker visa for a year?

manci wrote: ↑

Fri Jun 04, 2021 2:14 pm

suvendu_mandal wrote: ↑

Thu Jun 03, 2021 6:41 pm

Is there any way I can waive dependent visas and IHS cost during skilled worker/depdendent visa application?

If your dependants' current permissions are to Oct 2022 there is no need to apply for new visas for them as from your description it seems that they will be eligible to apply for ILR before their current permissions expire.

- Yes my dependents visas (as per Tier 2 General dependent) are ending on Oct-2022 and they will be eligible for ILR on Sep-2022. But if I move to a Skilled Worker visa and don't apply for them, then will it not invalidated their dependent visas automatically? Can she travel outside UK and re-enter with the Tier 2 General dependent visa?


Regards,
SM

suvendu_mandal wrote: ↑

Fri Jun 04, 2021 2:49 pm

If I apply CoS for a year then are you saying that I can apply skilled worker visa for a year?

You don't apply for a CoS, your sponsor assigns one to you. When after having been assigned the CoS you apply for a visa the HO will determine its validity period which will depend on the work period given in the CoS

suvendu_mandal wrote: ↑

Fri Jun 04, 2021 2:49 pm

But if I move to a Skilled Worker visa and don't apply for them, then will it not invalidated their dependent visas automatically? Can she travel outside UK and re-enter with the Tier 2 General dependent visa?

The HO published a Skilled Workers (Dependants) - Policy Guidance last year but it was withdrawn on 03/03/2021. As far as I am aware there has been no replacement for it thus far. However, the following quote is from that guidance and I don't believe that it has been superseded:
https://assets.publishing.service.gov.u ... hdrawn.pdf

If the main migrant changes employer or educational institution, and is therefore issued with a new certificate of sponsorship and applying for leave to remain to work or study under their new sponsor, dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave.

manci wrote: ↑

Fri Jun 04, 2021 5:12 pm

suvendu_mandal wrote: ↑

Fri Jun 04, 2021 2:49 pm

If I apply CoS for a year then are you saying that I can apply skilled worker visa for a year?

You don't apply for a CoS, your sponsor assigns one to you. When after having been assigned the CoS you apply for a visa the HO will determine its validity period which will depend on the work period given in the CoS

suvendu_mandal wrote: ↑

Fri Jun 04, 2021 2:49 pm

But if I move to a Skilled Worker visa and don't apply for them, then will it not invalidated their dependent visas automatically? Can she travel outside UK and re-enter with the Tier 2 General dependent visa?

The HO published a Skilled Workers (Dependants) - Policy Guidance last year but it was withdrawn on 03/03/2021. As far as I am aware there has been no replacement for it thus far. However, the following quote is from that guidance and I don't believe that it has been superseded:
https://assets.publishing.service.gov.u ... hdrawn.pdf

If the main migrant changes employer or educational institution, and is therefore issued with a new certificate of sponsorship and applying for leave to remain to work or study under their new sponsor, dependants do not have to apply with them for leave to remain. Instead PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave.

If the Skilled Workers (Dependants) - Policy Guidance has been withdrawn then does it mean that the rule does not apply anymore? And there will be new rule?

Also, Can dependents travel outside the UK and re-enter with the Tier 2 General dependent visa while the main applicant moved to Skilled Worker Visa?

Regards,
SM