Please advise on switching my wife’s visa from Tier 2 (ICT).

[SridharR]

Hi,

I am hoping for some advice on switching my wife’s visa category from Tier 2 (Intra Company Transfer) to dependent visa category. Accept my apologies if this has been asked before, but I couldn’t find anything related to my query.

My visa status: I am on ILR visa and I was on Tier 1 (General) visa before I got my ILR visa.

We got married in August 2013 in India and my wife came to the UK on Tier 2 (Intra Company Transfer) visa. She got her visa till December 2014. I’m just wondering whether it would be possible to switch my wife’s visa category to dependent visa category from within the UK.

I did bit of a digging on this and found the below information under the “Exceptions” section on “Apply to remain in the UK with family” page (https://www.gov.uk/remain-in-uk-family/exceptions):

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.
Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:
• Tier 1 (General) visa
• Tier 1 (Exceptional Talent) visa
• Tier 1 (Investor) visa
• Tier 1 (Entrepreneur) visa
• Tier 1 (Graduate Entrepreneur) visa
• Tier 2 (General) skilled worker visa
• Tier 2 (Minister of Religion) visa
• Tier 2 (Sportsperson) visa
• Tier 2 (Intra-company Transfer) visa
• Tier 5 (Temporary Worker – International Agreement) visa

From the above information, would I be correct to assume that it’s possible to switch my wife’s visa from within the UK by applying as a Tier 1 dependant (as I was in the UK on Tier 1 (General) visa before I got my ILR)? Please correct me if I got it wrong.

To sum up all my queries:
1) Would it be possible to switch my wife’s visa category to dependent visa category from within the UK?
2) Is below the correct application form to use for my wife’s visa conversion?[/list]

• Tier 1, 2 or 5 PBS Dependant - version 07/2014
  (https://www.gov.uk/government/publicati ... -dependant)

Thanks in advance for your help.

Regards,
Sridhar.

[CR001]

As she has her own visa and was not a dependent on your T1G, what you have quoted is irrelevant.

She can apply on FLR(M) - spouse of settled person. This will reset her ILR clock and she will have to wait 5 years (2 X 2.5yr visas) before she will be eligible for ILR. You will need to meet the Financial Requirement of £18,600pa and she will need to meet the A1 English requirement.

[SridharR]

Hi,

Thank you very much for your reply.

I have got one more question in relation to the A1 English requirement.

My wife has a Bachelor of Engineering degree (it’s a 4 year course) from an Indian university. Both her qualification and the university she went to are in the Point-based calculator’s Qualifications database and 30 points are being awarded for her qualification by the PBS calculator under “Qualifications” section.

I have read in the older version of the UKBA website or somewhere else that if the applicant has an academic qualification which is recognised by Point-based calculator and scores points under “Qualifications” section, then submitting the Original Degree certificate with the visa application would be sufficient to prove the applicant’s Knowledge of English. Is that correct?

The “Knowledge of English” section on “Apply to remain in the UK with family” page (https://www.gov.uk/remain-in-uk-family/ ... of-english) has the below bullet point:

• • having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree

I’m confused whether I have to get her Degree certificate evaluated by UK NARIC, which would take 2-3 weeks and cost me £55.

Could you please guide me with the documents required for proving Knowledge of English in my wife’s scenario?

Thank you in advance for your help.

Kind Regards,
Sridhar.