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PBS dependant to Tier2 General

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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dev1022
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PBS dependant to Tier2 General

Post by dev1022 » Wed Sep 11, 2019 9:20 am

Hi All,

Can you please give me suggestions.

Iam on Tier2 General -dependant visa since 2016 OCT, my employer wants to give me sponsorship. I have few Q's

1. Do they have to pass RLMT test (Am working for them since 2 years).
2. Which CoS do i need to have (unrestricted or restricted)
3. For both type of CoS, do i have to go to my home country and make an application?

Please help me.
Thanks

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CR001
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Re: PBS dependant to Tier2 General

Post by CR001 » Wed Sep 11, 2019 9:23 am

1. Yes, if it is a non shortage job and SOC and it must be done properly to prove you have not been pre-selected. The RLMT also cannot be tailored to only suit you and exclude all others and HO can and often do ask for details of the applicants received and why they were not selected.

2. Restricted as you have to apply from your home country.

3. You cannot switch in the UK from a Tier 2 Dependent visa.

You do realise your ILR clock will reset to zero??
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dev1022
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Re: PBS dependant to Tier2 General

Post by dev1022 » Wed Sep 11, 2019 9:49 am

Thank you CR001 for your quick reply. Yes, am aware of ILR clock if i switch, thank you for reminding.

The only leave to remain applications where a
restricted CoS is required are where the applicant is applying to switch from within
the UK as a dependent spouse/partner of a Tier 4 (General) student.


The above info is from homeoffice website, https://assets.publishing.service.gov.u ... -v33.0.pdf => page number 50,

as per that, only Tier4 dependent need restricted CoS, all other can have unrestricted CoS for leave to remain.
also there is a table in that page general (switching immigration category), as per that i think i can get unrestricted CoS, please correct me if am wrong.

Thank you,

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CR001
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Re: PBS dependant to Tier2 General

Post by CR001 » Wed Sep 11, 2019 9:51 am

You are NOT a Tier 4 dependent, so it does not apply to you.

Restricted CoS and apply from home country as a Tier 2 dependent visa holder.
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dev1022
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Re: PBS dependant to Tier2 General

Post by dev1022 » Wed Sep 11, 2019 10:18 am

Thank you CR001 for your reply.

general (switching immigration category) => what about this in that table, am switching from dependent to Main applicant. Do i still need to get restricted?

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CR001
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Re: PBS dependant to Tier2 General

Post by CR001 » Wed Sep 11, 2019 10:28 am

dev1022 wrote:
Wed Sep 11, 2019 10:18 am
Thank you CR001 for your reply.

general (switching immigration category) => what about this in that table, am switching from dependent to Main applicant. Do i still need to get restricted?
You are applying for a NEW entry clearance visa from abroad therefore a Restricted CoS is required.

You are not 'switching' as you do not hold a qualifying visa to 'switch', which is an application made WITHIN the UK.

https://www.gov.uk/tier-2-general/switch-to-this-visa
Switch to this visa
You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.

You should apply before your current visa expires.

Eligibility
You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
Start-up visa
Innovator visa

You can also switch to a Tier 2 (General) visa if you’re:

a dependent partner of someone with a Tier 4 visa
a representative of an overseas business
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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dev1022
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Re: PBS dependant to Tier2 General

Post by dev1022 » Wed Sep 11, 2019 10:37 am

Understood, Thank you so much for your answers and time.

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