Run out of time for Tier 2 COS: switching to dependent?

[lanhoang]

Dear all,

I was wondering if someone could give me some advice on my situation. My circumstance is as follows:
-I have worked under Tier 2 General since 1/7/2013, my current contract ends 31/12/2015 and my Tier 2 visa ends 15/1/2016
-I have a pending job offer last week, who would like to offer me the job but concern that there isn't enough time for them to do the Labour market test (28 days of job adverts and interview other candidates so satisfy the requirement)
-My current option is to switch to Tier 2 dependant, as my husband has a Tier 2 General or get out the country to wait for the company to finish with the CoS process

Which one would be better, given that I was hoping to get ILR following the 5 year Tier 2 route (but now it doesn't seem likely anymore).

Many thanks for your help, I really appreciate if anyone could give me some advice please.

[geriatrix]

The ideal option is to switch to dependant if you wish to remain in the UK, as you will be subject to the 12 months cooling-off period if you apply for entry clearance - so no coming back in 2016 as a Tier 2 migrant.

[lanhoang]

Oh thanks so much for your prompt reply and thanks for pointing out the cooling-off period.
And just to clarify another point, can I use the 28-day grace period to apply for the next Tier 2 visa (assuming that that company could get the process and CoS in time)? It is somewhat a more risky route so I would like to make sure before making the decision.

[geriatrix]

Yes, you can. It will be treated as an out-of-time application.
A refusal of an out-of-time application will not give you a right to admin. review and you will be deemed as oversatyer from 15/1/16 itself .. thereby affecting any future immigration applications.

So, make sure there are no errors whatsoever if you take this route.