Tier 2 General queries

[sbetha]

my wife is on a ~2yr tier4 visa and im on a tier4 dependent (both valid till oct'16). No other previous stay.
1) if my UK employer sponsors my tier2 (first ever tier2 visa application) will it not be exempt from rlmt even though i am an existing employee?
2) what's the earliest and the latest that my employer can apply for my tier 2?
3) if my tier2 gets approved, will that only be valid from when the existing visa expires (since tier 2 application will be for extension of leave for an existing employee)
4) thereafter can my wife apply to switch to tier2 dependent while continuing to pursue current studies?

Thanks in advance.

[physicskate]

my wife is on a ~2yr tier4 visa and im on a tier4 dependent (both valid till oct'16). No other previous stay.
1) if my UK employer sponsors my tier2 (first ever tier2 visa application) will it not be exempt from rlmt even though i am an existing employee?
2) what's the earliest and the latest that my employer can apply for my tier 2?
3) if my tier2 gets approved, will that only be valid from when the existing visa expires (since tier 2 application will be for extension of leave for an existing employee)
4) thereafter can my wife apply to switch to tier2 dependent while continuing to pursue current studies?

Thanks in advance.

1.) Not exempt, correct.

2.) What do you mean??? You could apply for a Tier 2 General from outside the UK whenever!

3.) It will be issued as an entry clearance visa, so it will be valid from the date it is issued.

4.) Tier 2 dependents are allowed to study.

[sbetha]

my wife is on a ~2yr tier4 visa and im on a tier4 dependent (both valid till oct'16). No other previous stay.
1) if my UK employer sponsors my tier2 (first ever tier2 visa application) will it not be exempt from rlmt even though i am an existing employee?
2) what's the earliest and the latest that my employer can apply for my tier 2?
3) if my tier2 gets approved, will that only be valid from when the existing visa expires (since tier 2 application will be for extension of leave for an existing employee)
4) thereafter can my wife apply to switch to tier2 dependent while continuing to pursue current studies?

Thanks in advance.

1.) Not exempt, correct.

2.) What do you mean??? You could apply for a Tier 2 General from outside the UK whenever!

3.) It will be issued as an entry clearance visa, so it will be valid from the date it is issued.

4.) Tier 2 dependents are allowed to study.

Thanks physicskate! Regarding question2, since I am currently on a Tier4dependent visa (which is valid for another year and 2 months), can the employer apply for Tier2 now itself or do they have to wait for some time (i.e. do they necessarily have to apply closer to the expiry of the current visa)?

And do I have to be outside the UK to apply, or as a current employee can I apply from within the UK?

Thanks in advance.

[physicskate]

Thanks physicskate! Regarding question2, since I am currently on a Tier4dependent visa (which is valid for another year and 2 months), can the employer apply for Tier2 now itself or do they have to wait for some time (i.e. do they necessarily have to apply closer to the expiry of the current visa)?

And do I have to be outside the UK to apply, or as a current employee can I apply from within the UK?

Thanks in advance.

You can apply whenever you have passed the RLMT and when you have been issued a restricted CoS.

You MUST apply from outside the UK because you are not on a Tier 4, you are a Tier 4 dependent.

https://www.gov.uk/tier-2-general/switch-to-this-visa

[raghu.raju457]

Hi sbetha

You can switch to tier 2 general inside the country as you are a dependent of a Tier 4 student

You can apply for the tier2 even before ever your current visa expire.

Your sponsor need to do RLMT and apply for the Restricted COS.

Thanks

[sbetha]

Hi sbetha

You can switch to tier 2 general inside the country as you are a dependent of a Tier 4 student

You can apply for the tier2 even before ever your current visa expire.

Your sponsor need to do RLMT and apply for the Restricted COS.

Thanks

Raghu thanks, but since I would be continuing to work for same employer and in the same job, would RLMT not be exempt?

[sbetha]

Thanks physicskate! Regarding question2, since I am currently on a Tier4dependent visa (which is valid for another year and 2 months), can the employer apply for Tier2 now itself or do they have to wait for some time (i.e. do they necessarily have to apply closer to the expiry of the current visa)?

And do I have to be outside the UK to apply, or as a current employee can I apply from within the UK?

Thanks in advance.

You can apply whenever you have passed the RLMT and when you have been issued a restricted CoS.

You MUST apply from outside the UK because you are not on a Tier 4, you are a Tier 4 dependent.

https://www.gov.uk/tier-2-general/switch-to-this-visa

Hi sbetha

You can switch to tier 2 general inside the country as you are a dependent of a Tier 4 student

You can apply for the tier2 even before ever your current visa expire.

Your sponsor need to do RLMT and apply for the Restricted COS.

Thanks

raghu, physicskate, thanks for your responses. The link posted by physicskate does state that tier4 dependents can apply to switch from within the UK, as pointed out by Raghu - thanks again both of you... But regarding RLMT exemption, I seem to have followed a different link earlier which has guidance for employers, and states:

28.5If the migrant is already working for you and they need to extend their leave to continue
working for you in the same occupation, you do not need to carry out a resident labour
market test.

https://www.gov.uk/government/uploads/s ... _v_1_1.pdf

Please can you let me know your thoughts.

[physicskate]

Raghu thanks, but since I would be continuing to work for same employer and in the same job, would RLMT not be exempt?

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Page 26 - have a read for yourself.

Extending leave means applying for an extension, not switching into a new visa category.