Switch from Tier 2 Independent to Dependent - Query

Hi,

I'm looking for advice in relation to switching from Tier-2 General (Independent) VISA to Tier-2 Dependent (Family) VISA. Currently, my wife and I both hold Tier-2 General (Independent) VISA, but my wife would like to quit her job and move to Tier-2 Dependent (Family) VISA. We both came into the UK on the same day in February 2019 and have the same VISA expiry dates in February 2022.

In this regard, I have the following questions:

1. Can the application can be made from within the UK, i.e. my wife does not need to exit the UK?

2. Can the time period spent while holding Tier-2 General VISA be carried forward to Tier-2 Dependent (Family) VISA for the purpose of Indefinite Leave to Remain (ILR), or will the clock for 5 years be reset? I think we only need to prove that we have been living together since 5 years, but unsure if the VISA switch would reset the clock.

3. Does her employer need to be informed / involved about this switch, i.e. for the cancellation of Certificate of Sponsorship (CoS), or will it be cancelled automatically when we apply for Tier 2 Dependent (Family) VISA?

4. If the CoS needs to be cancelled first and if we can apply for Tier 2 Family VISA from within the UK, will we need to apply for the Tier 2 Family VISA after the Tier 2 General (Independent) VISA 'curtailment date', or before that?

5. Will the Immigration Health Surcharge (IHS) already paid for Tier 2 General (Independent) VISA be carried forward to the Tier-2 Dependent (Family) VISA, or will we need to pay for it again?

Please let me know in case any further information is required.

Many thanks,
Anas

1. She can apply within the UK.

2. No. She cannot combine Tier 2 General main visa holder time with Tier 2 general dependent time to make up 5 years for ILR. Her clock for ILR based on 5 years residence will reset to zero if she is granted a dependent visa. She needs 5 years as a main tier 2 general visa holder OR 5 years as a tier 2 dependent visa holder. It is about holding the relevant visa and not simply living together in the UK.

3. No. She can update her employer once she has received her dependent visa BRP.

4. Irrelevant. Nothing happens before she applies. She only has to inform her employer once she has been granted a dependent visa to prove her right to work.

5. No, she has to pay the IHS again. It increases in October from £400 per year to £625 per year. Note that her visa will only be granted with an expiry date the same as yours.

CR001 wrote: ↑

Wed Aug 12, 2020 12:40 pm

1. She can apply within the UK.

2. No. She cannot combine Tier 2 General main visa holder time with Tier 2 general dependent time to make up 5 years for ILR. Her clock for ILR based on 5 years residence will reset to zero if she is granted a dependent visa. She needs 5 years as a main tier 2 general visa holder OR 5 years as a tier 2 dependent visa holder. It is about holding the relevant visa and not simply living together in the UK.

3. No. She can update her employer once she has received her dependent visa BRP.

4. Irrelevant. Nothing happens before she applies. She only has to inform her employer once she has been granted a dependent visa to prove her right to work.

5. No, she has to pay the IHS again. It increases in October from £400 per year to £625 per year. Note that her visa will only be granted with an expiry date the same as yours.

Thank you so much for such a nice reply! And thanks for the heads up about IHS increase.