Tier 2 Queries

visaforv10 · Post by **visaforv10** » Sat Feb 06, 2010 2:31 pm

My wife and I are in the UK for last 2 years on my wifeâ€™s work permit (know as Tier 2 General now). We both are working in full time employment since then. Now, because of the reduced work load, it seems my wife may get laid off and if it happens my employer will be ready to do my Tier 2 General. Now, my questions are:

(1) I am switching my immigration status from Dependent to Tier 2 General. Will it be cosnidered as a new application or extention to stay?

(2) If it is considered as extention to stay, I think I need to apply for Foreign Nationalâ€™s ID card (which has been introduced recently for Tier 2). Assuming my case as a new application for Tier 2, do I still need to apply for this ID card?

(3) As I understand, I need to go back to my home country to apply for my visa once I get Tier 2 General sponsership certificate from my employer. I am planning to apply from Ahmedabad, India. Whatâ€™s the usual processing time to finalise visa? This would be the time I will be away from my work.

(4) If I have to apply for the ID card, where should I apply? In UK or India?

Please advise.

ash786 · Post by **ash786** » Sat Feb 06, 2010 5:33 pm

visaforv10 wrote:My wife and I are in the UK for last 2 years on my wifeâ€™s work permit (know as Tier 2 General now). We both are working in full time employment since then. Now, because of the reduced work load, it seems my wife may get laid off and if it happens my employer will be ready to do my Tier 2 General. Now, my questions are:

(1) I am switching my immigration status from Dependent to Tier 2 General. Will it be cosnidered as a new application or extention to stay?

(2) If it is considered as extention to stay, I think I need to apply for Foreign Nationalâ€™s ID card (which has been introduced recently for Tier 2). Assuming my case as a new application for Tier 2, do I still need to apply for this ID card?

(3) As I understand, I need to go back to my home country to apply for my visa once I get Tier 2 General sponsership certificate from my employer. I am planning to apply from Ahmedabad, India. Whatâ€™s the usual processing time to finalise visa? This would be the time I will be away from my work.

(4) If I have to apply for the ID card, where should I apply? In UK or India?

Please advise.

1. If u wana switch from the dependent to main applicant then u need to go bak to your home country.
2. u will also need to meet the full criteria for the Tier 2 visa.
3. Your application wud not be considered as an extension u were dependent and not the main applicant.
4. Wen u apply from your home country they will give u details on ID card and Biometrics (not from the UK).

visaforv10 · Post by **visaforv10** » Sat Feb 06, 2010 6:33 pm

Thanks for the response.

As mentioned on UKBA website "Migrants who apply to extend their stay in the UK will be told whether they need to apply for an identity card as part of their immigration application"

1. As my case is not an extension, do I still need to get ID card.
2. As I understand it, when I go to submit my visa application, my biometrics (fingerprints + photograph if required for ID card) will be done on the same day.

Please advise.

Post by **geriatrix** » Sat Feb 06, 2010 6:57 pm

visaforv10 wrote:I am switching my immigration status from Dependent to Tier 2 General. Will it be cosnidered as a new application or extention to stay?

You cannot switch from dependent to Tier 2 (Switching refers to changing immigration categories from within UK). Also, since you're going to apply for Tier 2 on your own merit, this will be considered a new application requiring a COS and EC from home country.

visaforv10 wrote:If it is considered as extention to stay, I think I need to apply for Foreign Nationalâ€™s ID card (which has been introduced recently for Tier 2). Assuming my case as a new application for Tier 2, do I still need to apply for this ID card?

As of date, you need to apply for one if you're extending your stay under Tier 2. See Who needs an identity card for foreign nationals and how to get one.

visaforv10 wrote:Whatâ€™s the usual processing time to finalise visa?

Out-of-country Processing Time.

regards

visaforv10 · Post by **visaforv10** » Wed Feb 10, 2010 10:32 am

thanks for your reply,

Instead of tier 2, if I gor for tier 1, do I still need to apply from my home country?

tvn_ramesh · Post by **tvn_ramesh** » Wed Feb 10, 2010 10:36 am

visaforv10 wrote:thanks for your reply,

Instead of tier 2, if I gor for tier 1, do I still need to apply from my home country?

Initial Applications should be done from the Country of residence to go through the Entry Clearance Process.. so yes for Tier1(G) Initial application you need to apply from ur country of residence

Post by **geriatrix** » Wed Feb 10, 2010 11:41 am

Unfortunately, dependents can only extend their leave as dependents / spouse from within the UK. They not change immigration category from within the UK.

regards

visaforv10 · Post by **visaforv10** » Fri Feb 19, 2010 9:16 am

Thank you very much for your reply, i have got two more questions.

1. I change my status to tier 2 now. My wife continues to work on her current visa (work permit) till she has got work. Say, after six months she gets laid off and not able to do either tier 2 or tier 1, she would have to change her status to my dependant. Does she also need to apply from India in this case?

2. If I change my visa status from spousal visa to tier 2 now, my wife continues to work on tier 2 for current employer/new employer till we complete five years in UK (if she can continue her main applicant visa status). After five years, I change my visa status to dependant again and we both apply for settlement. Will I qualify for settlement in this case?

Please advise.

tvn_ramesh · Post by **tvn_ramesh** » Fri Feb 19, 2010 10:45 am

visaforv10 wrote:Thank you very much for your reply, i have got two more questions.

1. I change my status to tier 2 now. My wife continues to work on her current visa (work permit) till she has got work. Say, after six months she gets laid off and not able to do either tier 2 or tier 1, she would have to change her status to my dependant. Does she also need to apply from India in this case?

- Yes even than She would need to go and apply for Dependent visa from country of residence

2. If I change my visa status from spousal visa to tier 2 now, my wife continues to work on tier 2 for current employer/new employer till we complete five years in UK (if she can continue her main applicant visa status). After five years, I change my visa status to dependant again and we both apply for settlement. Will I qualify for settlement in this case?

- Before ILR/ settlement, the dependent need to be in UK for 2years, pls wait for other to confirm if you those 2years can be a combination of as main applicant + depedent period
Please advise.

visaforv10 · Post by **visaforv10** » Wed Mar 31, 2010 10:00 am

Q. If I change my visa status from spousal visa to tier 2 now, my wife continues to work on tier 2 for current employer/new employer till we complete five years in UK (if she can continue her main applicant visa status). After five years, I change my visa status to dependant again and we both apply for settlement. Will I qualify for settlement in this case?

A. Before ILR/ settlement, the dependent need to be in UK for 2years, pls wait for other to confirm if you those 2years can be a combination of as main applicant + depedent period
Please advise.

Can someone please confirm above answer. I will already be competing two years in the UK on dependant visa next month. If i change my visa status from spousal visa to tier 2 for next three years and my wife continue holding her main applicant visa status, after five years I again become her dependant and apply for ILR. Is it possible?

Thanks for your reply in advance.

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