Tier 2 (General) switches to Skilled worker visa

a66013 · Post by **a66013** » Wed Jul 14, 2021 12:47 pm

Hi,

I am currently on Tier 2 (General) visa and my new employer would sponsor me to switch to Skilled worked visa soon. Would like to know:-

1. Do my partner who is currently on Tier2 dependent need to apply the Dependent skilled worker visa too?
2. My partner case if complicated as my partner studied here for 1 year in 2017-2018 and left for 2 years and just came back in 2021. So when the visa process ask "how many years have you lived in the UK", should it be starting 2021 or should that 1 year in 2017-2018 be counted as well?

Many thanks.

Post by **manci** » Wed Jul 14, 2021 7:21 pm

a66013 wrote: ↑
Wed Jul 14, 2021 12:47 pm
1. Do my partner who is currently on Tier2 dependent need to apply the Dependent skilled worker visa too?

No, your partner can apply to extend the dependant visa any time between when you apply for your new SW visa and the expiry date of his or her dependant visa.

a66013 · Post by **a66013** » Sat Jul 17, 2021 10:04 am

manci wrote: ↑
Wed Jul 14, 2021 7:21 pm

a66013 wrote: ↑
Wed Jul 14, 2021 12:47 pm
1. Do my partner who is currently on Tier2 dependent need to apply the Dependent skilled worker visa too?
No, your partner can apply to extend the dependant visa any time between when you apply for your new SW visa and the expiry date of his or her dependant visa.

Thanks Manci!
Really appreciated that if you could help on few questions based on your answer:-

- e.g. her expiry date of dependant visa is June 2023, which is the time I can apply ILR (As I have spent 3 years on current Tier2 + remaining 2 years on new SW Visa).

1. By the time around May 2023, would she needs to extend dependent visa or apply spouse visa assuming I will apply ILR around June 2023

2. When I switch my Tier-2 (5 years granted) to SW Visa, Would the visa expiry date on BRP will be changed or remain unchanged as it suppose to be the date applying for ILR after settling in the UK for 5 years.

Many Thanks!!!

Post by **manci** » Sat Jul 17, 2021 5:23 pm

The following is based on current rules (which may change by 2023):

When SW dependant visas are granted their expiry date will be the same as the main applicant's visa expiry date. Your current T2 visa is to June 2023 and so is your partner's dependant visa. Your new SW visa will presumably be valid beyond this date.

If your partner applied before you obtained ILR she'll get an extension in line with your new SW visa

However, if possible, it would be preferable for you to obtain ILR before the expiry of your partner's visa because then when she applies to extend her SW dependant visa, which she can even though you have ILR, she would get a 3 year extension which will take her beyond the 5 years residence she'll need for her ILR.

If you obtained your current T2 visa by way of entry clearance the earliest you can apply for ILR will be the issue date on the vignette + 5 years - 28 days. You could use the priority service to expedite the process.

Your point 2 is not understood. You'll get a new BRP with your new SW visa which will expire 14 days after the work end date in your new CoS. This has nothing to do with ILR and there is no presumption that you will apply for ILR.

a66013 · Post by **a66013** » Sun Jul 18, 2021 3:56 pm

manci wrote: ↑
Sat Jul 17, 2021 5:23 pm
The following is based on current rules (which may change by 2023):

When SW dependant visas are granted their expiry date will be the same as the main applicant's visa expiry date. Your current T2 visa is to June 2023 and so is your partner's dependant visa. Your new SW visa will presumably be valid beyond this date.

If your partner applied before you obtained ILR she'll get an extension in line with your new SW visa

However, if possible, it would be preferable for you to obtain ILR before the expiry of your partner's visa because then when she applies to extend her SW dependant visa, which she can even though you have ILR, she would get a 3 year extension which will take her beyond the 5 years residence she'll need for her ILR.

If you obtained your current T2 visa by way of entry clearance the earliest you can apply for ILR will be the issue date on the vignette + 5 years - 28 days. You could use the priority service to expedite the process.

Your point 2 is not understood. You'll get a new BRP with your new SW visa which will expire 14 days after the work end date in your new CoS. This has nothing to do with ILR and there is no presumption that you will apply for ILR.

Thank you very much Manci!! I obtained the Tier 2 by the way of entry clearance with date on the Vignette (i.e. Valid from 12 May 2018), does it mean I could apply ILR around April 2023? (i.e 5 years - 28 days). Would the time switching from Tier 2 to SW count towards the 5 years ILR period? I am wondering if there is any HO website or any channel could tell how many days left for ILR.

Many thanks!!

Post by **manci** » Sun Jul 18, 2021 5:29 pm

The earliest you can apply for ILR will be 12/05/2018 + 5 years - 28 days

a66013 wrote: ↑
Sun Jul 18, 2021 3:56 pm
Would the time switching from Tier 2 to SW count towards the 5 years ILR period?

see p47
https://assets.publishing.service.gov.u ... 2.0ext.pdf

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Tier 2 (General) switches to Skilled worker visa

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