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Switching from TIER 2 Partner to TIER 2 PBS GENERAL

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

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not_bad_for_some_
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Joined: Tue May 12, 2015 10:42 am

Switching from TIER 2 Partner to TIER 2 PBS GENERAL

Post by not_bad_for_some_ » Tue May 12, 2015 12:23 pm

Hi All,

I tried to find similar problem to the one I have but I just couldn't find something that specific – it would be great to help me out here with it.

Little history:

We are non-EEA citizens.

In 2013 my wife got a job at a company in London and we have applied together for a visa.

Visa that she has in her passport is a TIER 2 PBS i.e. TIER 2 General migrant visa

I have a TIER 2 Partner that is based on my wife's visa.

We are currently living in London, enjoying it and everything is great – we finally figured everything out. She is still in the office that started the whole thing – I have found one job, then found another one – and finally found THE ONE.

My query is next:

1. If my wife wants to change jobs – logically she needs to find a company that is capable of sponsoring her – but even if she finds one – is she able to do it seamlessly?
a. Can she do it without the cooling period(12 months period)?
b. Can she do it without leaving UK – i.e. do it from here ?

2. Can I switch from my current visa as a partner to a independent visa like the one she holds – TIER 2 PBS GENERAL?
a. I found on gov.co.uk that I have to leave the country and apply from abroad – can somebody confirm this? How long does this process lasts? I was hoping that I can take a holiday for 2 or 3 weeks and pay for a premium service at the visa center and speed everything up?
b. Is the employer obliged to do a research of labour market in order to issue a CoS even tough I already have a TIER 2 PARTNER VISA ?
c. Does the cooling period apply to me as well?
d. Just to state that me going through all the Points-based-system will be no trouble at all – if I have CoS, everything else is just a easy – I posses a degree, I can speak English and can support myself... Have I missed something?
e. Will I need to pay that NHS moneys – even tough I have been paying my taxes and NHS whole time I was working here?

I really tried to keep it clear and concise – if I missed something – than sorry – please do let me know – and I will fix it.

Also, I believe I have followed all the forum rules and regulations – if I broke some – I am sorry.

Cheers.

iworker
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Re: Switching from TIER 2 Partner to TIER 2 PBS GENERAL

Post by iworker » Wed May 13, 2015 10:31 am

1. she can change her job with new employer inside the UK, unrestricted cos needed, employer will need to RLMT. if she applies from outside the country, then cooling off period apply, hence she should only do it within uk. with new visa, she will have to pay new fee, and also pay or nhs charges.

2. you can change to tier 2, but only from your home country, the employer will need to do RLMT, and issue a Restricted COS, and you do not have to serve any cooling off time. You will have to pay the nhs charges.
you might need a english language test if you are not from english speaking country, degree is not needed, only a NVQ level 6 job is needed.

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