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Changing from Tier 5 to Tier 2 (General) sponsorship visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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allye
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Changing from Tier 5 to Tier 2 (General) sponsorship visa

Post by allye » Sun Nov 01, 2015 11:22 am

Hello, my husband and I are from Australia and are currently 1 year into our 2 year youth mobility visa (tier 5) living in the UK and his work has agreed to sponsor him for the the Tier 2 VISA. We have heard that as of the next financial year that the Tier 2 dependent won’t be able to work so would like to get the Tier 2 Visa and dependent Visa ASAP. Here are my questions:


1. Is it true that they are brining in policy that the dependent won’t be able to work as of April next year?

2. Is it only the partner applying for the Tier 2 work sponsorship visa that has to apply within their home country? Can I apply for the Tier 2 depended visa whilst remaining in the UK?

3. If the sponsor is fully approved (‘A-rated) and they have stated on the certificate of sponsorship that you won’t claim benefits during your stay - does this carry over for the dependent as well? Or does the dependent still need proof of £630 in their bank account for 3 months?


4. How does the sponsor prove that the worker is better than others applying for the job? Is there anything we can do to help with this?

5. Do we have to still pay the application fee even if our applications gets rejected? Or would we get a refund?


Any advice would be greatly appreciated! Thank you in advance for your help!

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CR001
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Re: Changing from Tier 5 to Tier 2 (General) sponsorship vis

Post by CR001 » Sun Nov 01, 2015 11:41 am

1. I know of a change in rules relating to salary for Tier 2 General from April but not sure about the dependent work right.

2. As far as I am aware, the dependent can apply within the UK.

3. If the company issues a certificate of maintenance, this can include the main applicant and dependents.

4. The sponsor will have to complete the full process of Residence Labour Market Test (RMLT). If they are an A rated sponsor, they will now what needs to be done to meet the requirement. Nothing you/partner can do to aid this process.

5. If you apply and are refused, you will lose your application fee. The immigration health surcharge you will have to pay is likely to be refunded, this charge is £200 per year for each of you and payable upfront for the duration of the visa, so if a 3 year Tier 2 G, it is £600 each.

Do either of you have a British born grandparent by any chance?
Char (CR001 not Casa)
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geriatrix
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Re: Changing from Tier 5 to Tier 2 (General) sponsorship vis

Post by geriatrix » Sun Nov 01, 2015 11:59 am

allye wrote:1. Is it true that they are brining in policy that the dependent won’t be able to work as of April next year?
You will know, like everyone else, when the government publishes such a policy. Until then, it is just a rumour ... spread by people who love to scaremonger!

As on date, it is just one of the "many" suggestions in a MAC report on Tier 2 review - which has no legal binding on the government. It is only when the government agrees to accept the "suggestion" and make it a law, will it become a certainity. If and when will that happen? - the scaremongers know it best!!
Life isn't fair, but you can be!

allye
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Re: Changing from Tier 5 to Tier 2 (General) sponsorship vis

Post by allye » Sun Nov 01, 2015 6:05 pm

Thank you so much for your help! Unfortunately we don't have any form of British ancestors but both absolutely love the UK and want to stay here as long as possible.

Regarding #5 in terms of timing, would it be better for my husband to go back to Australia and apply for the Tier 2 Visa and then only once we know that he is approved for me to apply for the Tier 2 dependent Visa so that we don't loose both application fees if we both get rejected? Or do we have to apply at the same time?

Thanks so much, this has been a massive help!

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CR001
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Re: Changing from Tier 5 to Tier 2 (General) sponsorship vis

Post by CR001 » Sun Nov 01, 2015 6:21 pm

You can apply separately.
Char (CR001 not Casa)
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