Hi Manci please help with this question

smiles345 · Post by **smiles345** » Sun Dec 22, 2013 9:27 pm

One of my community member is Tier 4 dependent and got an Tier 2 job offer? can he switch from Tier 4 dependent to Tier 2 General incountry? if so, can the main Tier 4 visa holder apply as his Tier 2 dependent together in country. Kindly point to relevant page . Many thanks

manci · Post by **manci** » Mon Dec 23, 2013 8:40 am

Dependant partners of T4 students can switch to T2G in-country provided they satisfy all other requirements. Note that a restricted CoS will be required.

See:
T2 policy guidance para 15, 9th bullet point
T2 sponsor guidance para 232 d)

Switching from T4 to PBS dependant is also allowed in-country

See:
PBS Dependant policy guidance para 31

smiles345 · Post by **smiles345** » Mon Dec 23, 2013 10:03 am

Hi Manci

Thanks for your reply. do they need to get entry clearance. or once they granted restricted COS they can switch in country? Thanks

smiles345 · Post by **smiles345** » Mon Dec 23, 2013 10:08 am

Oh! Sorry manci, you have clearly mentioned that they can switch in country
Thanks

manci · Post by **manci** » Mon Dec 23, 2013 11:47 am

smiles345 wrote:Oh! Sorry manci, you have clearly mentioned that they can switch in country Thanks

yes, they can. It is just one of the oddities of the system that for this particular application they need a restricted CoS

smiles345 · Post by **smiles345** » Mon Dec 23, 2013 4:01 pm

Thanks manci, his salary is £21200, and employer is willing to apply restricted cos. would 21200 sufficient to apply restricted cos.? Adverts in job centre plus only have description ,salary, and hoarse of work..thanks

manci · Post by **manci** » Mon Dec 23, 2013 5:39 pm

the job has to be at NQF level 6 with a minimum salary according to the job SOC code. If he is under 26 the new entrant rate may apply.

RLMT will also be required unless the job is a shortage occupation.

Restricted CoSs are scored and prioritised according to salary, see para 250 in the sponsor guidance.

smiles345 · Post by **smiles345** » Mon Dec 23, 2013 8:15 pm

Thanks Manci , His present Tier 4 dependent visa is expiring on 27th Jan and the employer can only applying restricted on Feb 2014, will he get 28 days grace period after expiring on 27th Jan ? Thanks

manci · Post by **manci** » Mon Dec 23, 2013 8:54 pm

After his leave expires he will be an overstayer and cannot work but for immigration purposes 28 day overstaying is disregarded. Note that in this situation if his application is refused for whatever reason he will not get a right to appeal.

smiles345 · Post by **smiles345** » Tue Dec 24, 2013 8:49 am

Thanks Manci, Can he apply FLR [O] just before his leave expires? then once the restricted is granted , can he apply for for Tier 2 visa. OR his wife [Tier 4 holder] apply for a extenstion [by taking a CAS from a different college] once Tier 4 dependent restrcited granted , can they vary leave?

manci · Post by **manci** » Tue Dec 24, 2013 9:56 am

Presumably both the migrant's and the dependant's leave expire on the same date (27 Jan). I don't see how a PBS dependant can get an extension beyond the expiry of the PBS migrant's leave.

Apart from applying in the 28 day window after 27 Jan (see above) it is certainly a possibility for the T4 migrant to apply for an extension before 27 Jan (provided she is eligible to do so and meets all requirements) and the dependant to apply at the same time. If the restricted CoS becomes available before a decision is made on the two applications then the applications can be varied, otherwise new applications would have to be made.

smiles345 · Post by **smiles345** » Tue Dec 24, 2013 2:55 pm

Thanks Manci for your help. would you point to me to varied leave [perhaps a link or something please]

Thanks

manci · Post by **manci** » Tue Dec 24, 2013 5:52 pm

see p36
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

smiles345 · Post by **smiles345** » Wed Dec 25, 2013 5:28 pm

Many thanks manci

manci · Post by **manci** » Wed Dec 25, 2013 7:22 pm

manci wrote:After his leave expires he will be an overstayer and cannot work but for immigration purposes 28 day overstaying is disregarded. Note that in this situation if his application is refused for whatever reason he will not get a right to appeal.

if he chooses this option, and to minimise the risk of refusal, the application should be thoroughly checked (possibly by a professional)

smiles345 · Post by **smiles345** » Wed Dec 25, 2013 8:18 pm

What would you recommend, extending his wife visa along with him and once restricted granted then apply vary leave.. Thanks manci. Sorry to go on.

manci · Post by **manci** » Wed Dec 25, 2013 9:55 pm

are you 100% sure that she can extend her T4 leave within the rules?

smiles345 · Post by **smiles345** » Thu Dec 26, 2013 2:15 pm

Well, his main applicant came here to study NVQ level 5 in a college and extended her visa to study NVQ level 6 and now again extending. can she extend to study perhaps NVQ level 7? OR she was on a maternity leave for few months and can she extend from her same college to complete her studies? i think if she go different college they might ask her course completion certificate from a the present college. we want to pick you brain on that...thanks

manci · Post by **manci** » Thu Dec 26, 2013 3:03 pm

you'll need to look at:

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

and

http://www.ukcisa.org.uk/International- ... -on-study/

smiles345 · Post by **smiles345** » Fri Dec 27, 2013 10:26 am

Thanks Manci

smiles345 · Post by **smiles345** » Fri Dec 27, 2013 11:45 am

Hi Manci

Is there anyway we can get a Tier 2 Code of practice on year 2009, i tried to google it and its not available. anywhere else pls?

manci · Post by **manci** » Wed Jan 01, 2014 1:13 pm

Appendix J of the Immigration Rules (code of practice) is based on SOC 2010. The previous version, based on SOC 2000 is no longer on the UKBA website but you can get the SOC 2000 classifications from the ONS website:
http://www.ons.gov.uk/ons/guide-method/ ... index.html

smiles345 · Post by **smiles345** » Fri Jan 03, 2014 2:14 pm

Many Thanks Manci

Immigrationboards.com: Immigration, work visa and work permit discussion board

Hi Manci please help with this question

Hi Manci please help with this question

Re: Hi Manci please help with this question

Re: Hi Manci please help with this question