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Switch from Tier 5 Temporary worker to Tier 2 dependent

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

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mmabbas0
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Posts: 5
Joined: Mon May 20, 2019 2:06 pm
Egypt

Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by mmabbas0 » Mon May 20, 2019 2:14 pm

Hello,
I am on Tier 5 temporary worker visa (government authorized exchange). My wife has Tier 2 general. Can I switch to tier 2 dependent from inside UK?

Your help would be appreciated.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by sah10406 » Wed May 22, 2019 11:47 am

See paragraph 49 of the PBS Dependants policy guidance for the (very short) list of people who cannot apply in the UK:
https://www.gov.uk/government/publicati ... rs-1-2-4-5
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

mmabbas0
Newly Registered
Posts: 5
Joined: Mon May 20, 2019 2:06 pm
Egypt

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by mmabbas0 » Wed May 22, 2019 11:54 am

sah10406 wrote:
Wed May 22, 2019 11:47 am
See paragraph 49 of the PBS Dependants policy guidance for the (very short) list of people who cannot apply in the UK:
https://www.gov.uk/government/publicati ... rs-1-2-4-5

Thank you for your reply. I have read this paragraph before posting, but I couldn’t understand clearly. That’s why, I posted this question. The paragraph says:
49. If you are the family member of a Tier 1, 2, or 5 migrant or an Appendix W Worker, you cannot apply in the UK if you:
• were last granted entry clearance or leave as a visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or
• were last granted entry clearance or leave as a short-term student or a short-term student (child)
• were last granted entry clearance or leave as a parent of a Tier 4 (child) student
unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii); or
• are on temporary admission, temporary release or Immigration Bail in circumstances in which temporary admission or temporary release would previously have been granted.



I would be grateful if you can explain my situation.
Thank you.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by sah10406 » Wed May 22, 2019 11:59 am

What part of it exactly is causing you concern about your own application?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

mmabbas0
Newly Registered
Posts: 5
Joined: Mon May 20, 2019 2:06 pm
Egypt

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by mmabbas0 » Wed May 22, 2019 12:01 pm

sah10406 wrote:
Wed May 22, 2019 11:59 am
What part of it exactly is causing you concern about your own application?
This part that I couldn’t understand:

“unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii)”

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by sah10406 » Wed May 22, 2019 12:19 pm

mmabbas0 wrote:
Wed May 22, 2019 12:01 pm
This part that I couldn’t understand:

“unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii)”
You need to read the whole bullet point, not just the second half. This is an exception for people who "were last granted entry clearance or leave as a parent of a Tier 4 (child) student".
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

mmabbas0
Newly Registered
Posts: 5
Joined: Mon May 20, 2019 2:06 pm
Egypt

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by mmabbas0 » Wed May 22, 2019 12:24 pm

sah10406 wrote:
Wed May 22, 2019 12:19 pm
mmabbas0 wrote:
Wed May 22, 2019 12:01 pm
This part that I couldn’t understand:

“unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii)”
You need to read the whole bullet point, not just the second half. This is an exception for people who "were last granted entry clearance or leave as a parent of a Tier 4 (child) student".
Well, that means that I can apply from the UK. However, I called The Home Office and they advised that I cannot switch from inside the UK. That’s why I got confused.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by sah10406 » Wed May 22, 2019 1:08 pm

mmabbas0 wrote:
Wed May 22, 2019 12:24 pm
Well, that means that I can apply from the UK. However, I called The Home Office and they advised that I cannot switch from inside the UK. That’s why I got confused.
What immigration rule or piece of guidance did they quote? If none, then the advice is worthless as well as wrong and damaging.

If you must ask the Home Office for immigration advice, always ask them for the reference for their answer, and ask for their name and job title, because you will be quoting them in your application. In my experience, they will then go away and get the correct answer.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

mmabbas0
Newly Registered
Posts: 5
Joined: Mon May 20, 2019 2:06 pm
Egypt

Re: Switch from Tier 5 Temporary worker to Tier 2 dependent

Post by mmabbas0 » Wed May 22, 2019 1:09 pm

sah10406 wrote:
Wed May 22, 2019 1:08 pm
mmabbas0 wrote:
Wed May 22, 2019 12:24 pm
Well, that means that I can apply from the UK. However, I called The Home Office and they advised that I cannot switch from inside the UK. That’s why I got confused.
What immigration rule or piece of guidance did they quote? If none, then the advice is worthless as well as wrong and damaging.

If you must ask the Home Office for immigration advice, always ask them for the reference for their answer, and ask for their name and job title, because you will be quoting them in your application. In my experience, they will then go away and get the correct answer.
Thank you for the advice.

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