Change of Employer; Tier 2 General to Skilled Worker visa

Hello folks,

I have been in the UK since April 2017 on Tier 2 General visa which was extended last year for another 3 years (expiring in 2023). I have got a verbal offer letter from a new employer and am really excited to join them. I had a few questions regarding change of visa, hope you could help me with the same.

1) I understand that I will be getting a new BRP when I change my visa, but then do my wife and son also need to apply for a new visa or they can continue living in the UK on their current BRPs?

2) Since I will be able to apply for ILR in April 2022, so technically I only need one more year of sponsorship. Hence my new employer doesn't have to pay for 3 years of sponsorship. Is it ok if the Certificate of Sponsorship does not have a length of 3 years? Or would you advise to have it the new CoS for 3 year on safe side?

3) Is there a different process of application for change in employment when you are changing from Tier 2 General to Skilled Worker visa? Or is it same as Skilled Worker to Skilled Worker?

Many thanks in advance!

ravin9889 wrote: ↑

Mon Jul 05, 2021 3:19 pm

Quick linksa66013

For Q1.1) I understand that I will be getting a new BRP when I change my visa, but then do my wife and son also need to apply for a new visa or they can continue living in the UK on their current BRPs?

I have the same situation and not sure if my dependent have to apply to dependent of skilled worker visa. Have you applied for them as well?

a66013 wrote: ↑

Wed Jul 14, 2021 11:55 am

verbal offer letter

contradiction in terms?

ravin9889 wrote: ↑

Mon Jul 05, 2021 3:19 pm

1) I understand that I will be getting a new BRP when I change my visa, but then do my wife and son also need to apply for a new visa or they can continue living in the UK on their current BRPs?

Your wife and son can continue on their current dependant BRPs and they only need to apply for an extension before their permissions expire BUT ONLY PROVIDED the expiry date of your new visa is later than the expiry dates of their current visas - see below

ravin9889 wrote: ↑

Mon Jul 05, 2021 3:19 pm

2) Since I will be able to apply for ILR in April 2022, so technically I only need one more year of sponsorship. Hence my new employer doesn't have to pay for 3 years of sponsorship. Is it ok if the Certificate of Sponsorship does not have a length of 3 years? Or would you advise to have it the new CoS for 3 year on safe side?

Your CoS can be for one year only but then your permission (visa) will end before the expiry date of your dependants' current visas and that is not allowed. The expiry date of your dependants' visas cannot be beyond the expiry date of your visa.

I am not sure if when you apply for your new visa whether the HO will automatically curtail your dependants' period of grant to what you'll get and issue new BRPs to them. Perhaps other forum members with experience in this area can comment.

Another option is of course for your dependants to apply the same time as you do.

Hi,

I will be getting on a new Skilled Worker visa next month, but had a question about my wife and son (1 year old) who is currently on a Tier 2 (General) Dependent visa. Now because I would be eligible for ILR in March 2022, my new employer is asking whether it's ok to apply for just a 1 year SW visa with a 1 year Certificate of Sponsorship. So I have the following questions.

1) My wife's current Tier 2 dependent visa expires in March 2023. If I apply for ILR when I am eligible in March 2022, will she be able to continue living in the UK on her current visa?
2) She is eligible to apply for ILR in Feb 2023, as she completes her 5 years in the UK. If I apply for ILR next year, will the remaining one year still count towards her 5 years in the UK and she will be able to apply for ILR being on her current visa as per the current situation in Feb 2023?
3) My son was born in the UK in Dec 2019. Can I apply for his ILR in the same application as mine when I complete 5 years in March 2022?

Can you please share any official documentation from GOV.UK related to the above questions?

Thanks,
Ravin

1. Yes, she can continue staying in the UK on her current visa. immigration-for-family-members/dependan ... 14832.html

2. Yes it still counts.

3. Your UK born child does NOT need ILR. Once you have ILR, you can register the child as British on form MN1.

Thanks a lot for replying @CR001. Just a follow up question, so let's assume I get my new 1-year SW visa expiring in August 2022, and apply for ILR in March 2022. Now, will there be any problem as my new SW visa would expire before my dependents current visa expiry which is April 2023? Or will they have to apply for an extension of dependent visa? As I read somewhere that main applicant's visa should not expire before dependents.

Now, will there be any problem as my new SW visa would expire before my dependents current visa expiry which is April 2023?

No, though there is a risk the dependent visas are curtailed in line with your new expiry date.

Exactly, as when my wife will be eligible to apply for ILR (in March 2023), my SW visa would have expired and I would be ILR. So what is the best way to go forward? Applying for a 2 year SW visa instead of 1 year?

my SW visa would have expired and I would be ILR.

It doesn't matter if you have ILR. Your SW visa is automatically cancelled anyway once ILR is granted. Read the link provided above.

So what is the best way to go forward? Applying for a 2 year SW visa instead of 1 year?

Probably more sensible yes.

Thanks a lot for your reply Manci. My only confusion outstanding now is about the visa expiry date of my dependent. Even if my new skilled worker visa's expiry is later than the expiry date of my dependent's visa, it is going to get cancelled when I apply for ILR. And my dependent will be applying for her ILR about a year later. So not sure why I would be still required to apply for a longer SW visa than what's required for my ILR?

ravin9889 wrote: ↑

Fri Jul 23, 2021 10:41 am

So not sure why I would be still required to apply for a longer SW visa than what's required for my ILR?

You are not "required" to get a 2 year CoS and visa but, as CR001 pointed out, with a 1 year visa there is a risk that your dependants' visas may be curtailed.

Thanks a lot for your reply. I think I am clear on the process going forward.

manci wrote: ↑

Fri Jul 23, 2021 8:15 pm

You are not "required" to get a 2 year CoS and visa but, as CR001 pointed out, with a 1 year visa there is a risk that your dependants' visas may be curtailed.

Hi Manci, looks like my new employer has made up their mind on only give one year visa as I am eligible for ILR in March 2022. I understand the risk for my dependent visa being curtailed since my new SW visa will expire in Aug 2022 which is before theirs current dependent visa expires (April 2023). May I know who can help with official gov.uk guidelines in this case? If my dependents visa will be curtailed for sure then I can push my employer to apply for 2-year visa.

Many thanks in advance.

Hello Moderators/Experts,

This is urgent. I would really appreciate any help/guidance that you can provide on the above post.

Regards.