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URGENT - Tier 2 to GTV Switch

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

shan1403
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Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 10, 2021 5:05 pm

Hello Respected Members and Moderators.

I have a bit urgent query as I need to apply for the GTV now and my new HR has given me a deadline. Therefore, I humbly request to guide me in this, please.

My current situation:
Tier 2 General, 03 years to expire on 12/2021
Tier 2 Dependent (my family), 02 years to expire on 12/2021 (they joined a year late)
I have an offer of Senior Academic position in the UK.

I have the following queries (I have searched this section a lot and didn't find sufficient answers. Also I posted some queries in T2 section and got the reply for T2 queries but I was told to post in GTV for GTV related queries):
  • My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere.
  • Should I choose the GTV 01 years Visa or 02 years?
  • If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?
  • If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?
  • Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?
I will highly appreciate a prompt reply..

Thank you for the help and support :)

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Thu Feb 11, 2021 11:19 am

Guys.................. really need your help in this, please. Appreciate if someone can reply (member or moderators)?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Thu Feb 11, 2021 12:03 pm

I tried to answer your questions but you'll find full details of the GTV route in the immigration rules Appendix Global Talent:
https://www.gov.uk/guidance/immigration ... bal-talent
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere
They can stay on their current visas until they expire:
From https://www.gov.uk/global-talent/switch-to-this-visa

Apply to switch your dependants’ visas at the same time as you switch your own visa. If you cannot apply at the same time, your partner or child can switch their visas at a later date - this must be before their current visa expires.

from immigration rule GT 16.1:

If the dependant is applying at the same time as the Global talent applicant, they can be included in the form “Global talent – stage 2” where the form allows dependants to be added. Otherwise:
– Dependant partner
– Dependant child
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?
yes
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?
no, dependants need 5 years residence, see immigration rule GT 30.1 and https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa
shan1403 wrote:
Thu Feb 11, 2021 11:19 am
Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?
you can apply for settlement after 3 years, no need to wait until the end of your GTV visa

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Thu Feb 11, 2021 12:44 pm

Thank you manci,

I checked the rules which you have mentioned. However, I am a bit confused here. I am on Tier 2 General at the moment and in the immigration rules part 9: grounds of refusal, change of employer 9.29.1, it says the following (is that applies to me?):

9.29.1. Where a person has permission as a Skilled Worker, person on the Intra-Company routes, T2 Minister of Religion, T2 Sportsperson, or T5 (Temporary Worker), their permission may be cancelled where they have changed their employer, unless any of the following exceptions apply:

(a) they are a T5 (Temporary Worker) on the Government Authorised Exchange Worker or Seasonal Worker routes and the change of employer is authorised by the sponsor; or

(b) they are working for a different sponsor unless the change of sponsor does not result in a change of employer, or the change in employer is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006, equivalent statutory transfer schemes, or the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector; or

(c) they have permission as a T2 Sportsperson or a T5 (Temporary Worker): Creative or Sporting Worker, and all of the following apply:
(i) they are sponsored by a sports club; and
(ii) they are sponsored as a player and are being temporarily loaned to another sports club; and
(iii) player loans are specifically permitted in rules set down by the relevant sports governing body; and
(iv) their sponsor has made arrangements with the loan club to enable to the sponsor to continue to meet its sponsor duties; and
(v) the player will return to working for the sponsor at the end of the loan
manci wrote:
Thu Feb 11, 2021 12:03 pm
I tried to answer your questions but you'll find full details of the GTV route in the immigration rules Appendix Global Talent:
https://www.gov.uk/guidance/immigration ... bal-talent
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere
They can stay on their current visas until they expire:
From https://www.gov.uk/global-talent/switch-to-this-visa

Apply to switch your dependants’ visas at the same time as you switch your own visa. If you cannot apply at the same time, your partner or child can switch their visas at a later date - this must be before their current visa expires.

from immigration rule GT 16.1:

If the dependant is applying at the same time as the Global talent applicant, they can be included in the form “Global talent – stage 2” where the form allows dependants to be added. Otherwise:
– Dependant partner
– Dependant child
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?
yes
shan1403 wrote:
Wed Feb 10, 2021 5:05 pm
If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?
no, dependants need 5 years residence, see immigration rule GT 30.1 and https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa
shan1403 wrote:
Thu Feb 11, 2021 11:19 am
Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?
you can apply for settlement after 3 years, no need to wait until the end of your GTV visa

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Thu Feb 11, 2021 1:54 pm

It will be great if manci or anyone else can shed some light here please?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Thu Feb 11, 2021 2:48 pm

When your GT visa is granted your permission as a Skilled Worker will be automatically cancelled

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Thu Feb 11, 2021 3:00 pm

Bundle of thanks manci,

If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?

And is there a way to add your parent(s) as a dependent in GTV?

Could you also kindly look into GT 11.1 here (https://www.gov.uk/guidance/immigration ... bal-talent) that says the following. My endorser is Royal Academy so, the period which I have spent (in T2 General) without the endorsement applied towards the 3 years settlement?

GT 11.1. The applicant must have spent a continuous period of 3 years in the UK if:
(a) they were endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI; or
(b) they were endorsed under the exceptional talent criteria by Arts Council England or Tech Nation.

manci wrote:
Thu Feb 11, 2021 2:48 pm
When your GT visa is granted your permission as a Skilled Worker will be automatically cancelled

User avatar
CR001
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Re: URGENT - Tier 2 to GTV Switch

Post by CR001 » Thu Feb 11, 2021 3:56 pm

If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?
No effect on tier 2 if gtv is refused
And is there a way to add your parent(s) as a dependent in GTV?
No!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Thu Feb 11, 2021 8:09 pm

Bundle of thanks CR001 and manci.

Highly Appreciated

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Mon Feb 15, 2021 11:20 pm

Hi CR001,

I hope you (and everyone) are doing well.

Could you please advise me here. The following link (also sent by manci) says the following for ILR eligibility:
https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa

Eligibility
You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years


As I have explained earlier, I am on Tier 2 General Visa and my endorsement is on exceptional promise. Therefore, will I still be able to apply for ILR after spending 01 year on GTV and 2 years on T2 General?

Because it says ON THIS VISA for least 05 YEARS.

I will highly appreciate any advise as I am quite confused now that should I go for the GTV or just go for Skill Worker Visa because for ILR the remaining period left for me is 03 years and for my dependents is 04 years?

Bundle of thanks in advance.
CR001 wrote:
Thu Feb 11, 2021 3:56 pm
If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?
No effect on tier 2 if gtv is refused
And is there a way to add your parent(s) as a dependent in GTV?
No!

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 17, 2021 2:30 pm

I will highly appreciate if CR001, manci or anyone can reply ...

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 17, 2021 4:47 pm

Hellow CR001, manci or anyone who has an experience with GTV switch or application.

Just to update about the situation. I had a talk with the Home Office on phone before applying for the GTV. The lady who was on the phone told me entirely the opposite things. She said:
  • If I will be applying for a switch from T2 General to GTV (promised route) my time spent in T2 will not be counted
  • To be eligible for settlement in GTV, I have to spend 03 years entirely on this visa for ILR
I will highly appreciate if someone who has done something similar or has some similar experience can shed some light on this. As I said that this is kind of urgent.

Thanks in advance ...

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Wed Feb 17, 2021 5:30 pm

shan1403 wrote:
Wed Feb 17, 2021 4:47 pm
The lady who was on the phone told me entirely the opposite things
Unfortunately people who answer HO helplines are not always properly trained.

Once you are granted the GT visa you'll need either 3 years or 5 years continuous residence for settlement depending on your endorsement - see immigration rules GT 11.1 and GT 11.2

For combining time on the GT visa with time on other type of visas, for example Skilled Worker, see immigration rule GT 11.3

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 17, 2021 5:39 pm

Hi manci,

I am so much grateful for your continuous support.

Based on GT 11.1 and 11.2, if I have the exceptional promise endorsement from Royal Society, I can apply for ILR after spending 01 year on GTV and 2 years on T2 General? Please correct me if I am wrong? Just need to confirm this in my head can proceed further.

P.S. I quoted these sections to the lady who answered and she just got irritated which is not understandable.

Appreciate your prompt reply and once again bundle of thanks.
manci wrote:
Wed Feb 17, 2021 5:30 pm
[quote=shan1403 post_id=<a href="tel:1991371">1991371</a> time=<a href="tel:1613580475">1613580475</a> user_id=206149]
The lady who was on the phone told me entirely the opposite things
Unfortunately people who answer HO helplines are not always properly trained.

Once you are granted the GT visa you'll need either 3 years or 5 years continuous residence for settlement depending on your endorsement - see immigration rules GT 11.1 and GT 11.2

For combining time on the GT visa with time on other type of visas, for example Skilled Worker, see immigration rule GT 11.3
[/quote]

User avatar
CR001
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Re: URGENT - Tier 2 to GTV Switch

Post by CR001 » Wed Feb 17, 2021 6:01 pm

The call centre is outsourced to a third party agent called Sotel, you are not speaking to ukvi staff or caseworkers. The call cente has limited knowledge and access to ukvi systems.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 17, 2021 6:04 pm

Hi CR001,

Thanks for the response.

Could you please confirm if my understanding is correct or not?

Based on GT 11.1 and 11.2, if I have the exceptional promise endorsement from Royal Society, I can apply for ILR after spending 01 year on GTV and 2 years on T2 General? Please correct me if I am wrong? Just need to confirm this in my head can proceed further.


Thanks a million :)
CR001 wrote:
Wed Feb 17, 2021 6:01 pm
The call centre is outsourced to a third party agent called Sotel, you are not speaking to ukvi staff or caseworkers. The call cente has limited knowledge and access to ukvi systems.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Wed Feb 17, 2021 6:11 pm

shan1403 wrote:
Thu Feb 11, 2021 11:19 am
My current situation:
Tier 2 General, 03 years to expire on 12/2021
IMHO If you are granted the GT visa based on the Royal Society endorsement you will be eligible to apply for ILR 28 days before completing 3 years continuous residence in December 2021.
Last edited by manci on Wed Feb 17, 2021 6:14 pm, edited 1 time in total.

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Wed Feb 17, 2021 6:13 pm

Bundle of thanks manci & CR001.

I will update the outcome here once I get some decision.

Stay safe.
manci wrote:
Wed Feb 17, 2021 6:11 pm
shan1403 wrote:
Thu Feb 11, 2021 11:19 am
My current situation:
Tier 2 General, 03 years to expire on 12/2021
IMHO If you are granted the GT visa you will be eligible to apply for ILR 28 days before completing 3 years continuous residence in December 2021.

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Sun Feb 21, 2021 6:12 pm

Hi manci and other respected members,

I have a few quick follow up questions or rather confusion and I will highly appreciate it if manci can guide me here.

Based on my understanding until now, I am looking to apply for a 01 year GTV visa and apply for ILR on 12/2021 with still a few months left on my GTV because I will complete 03 years on 12/2021 (2.3 years on T2 General and 7-8 months on GTV). However, at the same time (12/2021) my dependents extension will be due.

Therefore, I am confused with the following questions:
  • Should I choose a 02 years GTV visa and let my dependents to switch on GTV dependents on 12/2021 and then after that apply for ILR?
  • If I will choose a 01-year GTV visa duration, my dependents will be able to switch to GTV dependents at the same time? Or they will apply for T2 (Skill Visa) Dependent Extension?
  • What extension my dependents will choose after their GTV dependent visa expiry on 12/2022, if I will choose a 02 years GTV duration and apply for ILR after their switch on GTV on 12/2021?
  • Do they have to switch to ILR dependent? And this is going to reset their counter or not?
  • Please advise what will be the safest path for me and my dependents based on the current situation
I am just about to submit my GTV visa application and I am confused in choosing 01 year GTV or 02 year GTV.

Help and advise is urgently required ...

Thanks a million to this wonderful forum :oops:

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Mon Feb 22, 2021 11:14 am

Hello manci or anyone who has GTV experience, kindly advise so I can proceed please?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Mon Feb 22, 2021 11:33 am

This would be the scenario if you apply now for a 1 year GT visa and include your dependants in the application. Assuming the application is granted all visas will be valid until , say, 15/03 2022:

You apply for ILR in 12/2021 and it is granted

Your dependants apply for an extension of their dependant visas in 3/2022 and it is granted with a validity of 3 years.

If they arrived in the UK in 12/2019 by 3/2025 they will have clocked up 5.25 years in the UK and will be eligible to apply for ILR.

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Mon Feb 22, 2021 11:37 am

Hi manci,

thanks again for helping me out.

What if I don't add my dependents with me now for GTV?

Thanks again :)
manci wrote:
Mon Feb 22, 2021 11:33 am
This would be the scenario if you apply now for a 1 year GT visa and include your dependants in the application. Assuming the application is granted all visas will be valid until , say, 15/03 2022:

You apply for ILR in 12/2021 and it is granted

Your dependants apply for an extension of their dependant visas in 3/2022 and it is granted with a validity of 3 years.

If they arrived in the UK in 12/2019 by 3/2025 they will have clocked up 5.25 years in the UK and will be eligible to apply for ILR.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: URGENT - Tier 2 to GTV Switch

Post by manci » Mon Feb 22, 2021 11:56 am

Your dependants' visas expire in 12/2021. Once you get your 1 year GT visa they can apply any time before 12/2021 but their new visas will will only be valid until 3/2022 in line with your visa .

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Mon Feb 22, 2021 12:00 pm

So, if I am not adding my dependents now and apply for 2 year GTV and then apply for ILR in 12/2021, and my dependents will switch to GTV (validity 12/2022) what visa it will be for my dependents in 12/2022 when they will extend their leave after my ILR?

Thanks again
manci wrote:
Mon Feb 22, 2021 11:56 am
Your dependants' visas expire in 12/2021. Once you get your 1 year GT visa they can apply any time before 12/2021 but their new visas will will only be valid until 3/2022 in line with your visa .

shan1403
Junior Member
Posts: 57
Joined: Sun Nov 11, 2018 10:26 pm
Pakistan

Re: URGENT - Tier 2 to GTV Switch

Post by shan1403 » Mon Feb 22, 2021 3:42 pm

Hi manci, any last-minute advise, please?

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