Tier 2 General to PBS dependant, and back to Tier 2

[acwj]

Hi there,

I was under a Tier 2 (General) visa since Sept 2011. I switched into a PBS dependant visa (conditional on my partner who has a Tier 2 General visa as well) in May 2015 due to dimming employment prospect, and also the fact that I wanted to be more flexible in the job market. I have recently found a new job (under initial discussion) that is willing to sponsor a Tier 2 visa for me at the moment. 2 questions here.

1. Is there a cooling period of 12 months, given that I was previously on a Tier 2 General Visa? If yes, do I need to leave the country?
2. If not, would it be better for me to join the company with my PBS dependant visa first, and reapply (I understand there is no option to switch within the UK) for my current role again after working with the company for a few months, or should I tell them upfront to get them to sponsor before I join the company, so that the firm does not need to readvertise the post again (and all the necessary Labour Market Test hassle)?

Thanks again for your help on this.
acwj

[moonlight55]

1. Assuming you were having a Tier 2 (G) visa until May 2015 and then moved to Tier 2 (G) dependent, a cool-off of 12 months will apply before you can re-apply for another Tier 2 (G) visa. It means the earliest you can apply again is May 2016. You don't have to leave UK and the time spent on dependent visa will count as part of your cool-off.

2. Since they cannot sponsor you May 2016, the only option for you is to join them on your dependent visa.

[acwj]

Thanks moonlight.

Is that fair to say that when May 2016 comes around, the company will have to readvertise for my role and go through the hassle of the Labour Market Test during my employment contract?

Thanks
acwj

[moonlight55]

Yes, they will have to conduct the RLMT unless your job is a shortage occupation.