Tier 2 dependent to general

[karthiyegga]

If applying from tier 2 dependent to tier 2 general in home country, if the tier 2 general is rejected being worst case, can I travel back in the same dependent visa immediately? Or is any complication involved?

Also, have IHS surcharge paid for dependent category, can I still use the same when making tier 2 general application? Thanks.

[CR001]

If your dependent visa is still valid, you can travel back.

IHS is payable with every application you make so if you apply for Tier 2 General from home country, you will have to pay the IHS again.

[karthiyegga]

Since am in tier 2 dependent even if general is rejected, will still be a dependent and can travel back. Thanks.

I have paid for 3 years for IHS but why need to pay again for the time already paid. ?

[CR001]

Yes, you can travel.

You have to pay IHS with EACH NEW application you make. Your application will not be accepted if you do not pay it. YOU are choosing to to change visas, HO is not forcing you to. You might get a refund of what you have already paid, you might not.

[karthiyegga]

Okay thanks, sounds not good if I have to pay again. But thanks so much for the reply.

[karthiyegga]

Hello All,

While requesting restricted COS , my employer put 1st may 2016 as start date and end date for 5 years. While assigning it can it be changed to 1 June 2016. will it affect the 5 years and whether the date change is possible? Thanks

[iworker]

he can change dates while assigning it.

[karthiyegga]

thanks. so the end date will be followed accordingly?

[iworker]

yes
mind you, although it is sponsor responsibility, but the start date can not be more than 3 months from the date the cos is being assigned.

[karthiyegga]

Thanks. Employer intially stated 1 may as start date for 5 years, if that is changed to 15 June due to some travel arrangements will the end date for the visa will be curtailed by the remaining 45 days. Confused.

[gator8]

Is it possible to start working before the indicated CoS start date? (a week earlier). Thanks.

[ravisb_2014]

@gator8
No, you can't start before CoS start date. In fact, you can't start until you get your BRP, presuming you are applying from UK.

[gator8]

I already have my visa (I applied outside UK). Can you please give me a link for that policy that I can't start yet? I've been trying to search for a relevant info. Thanks.

[karthiyegga]

Hi all,

My Employer advertised the Job through RLMT and they stated the salary for the job as £28000 for 37.5 hrs.

whereas the SOC for that role requires £31000 for 39 hours which is pro rated to £29905.

But in COS they have included a guaranteed bonus of £2000 per annum + £28000 ( gross salary advertised) which makes it eligible salary requirement.

Is this way of calculation correct ? Thanks

[bholo]

If the RLMT Just lists this salary and does not mention that this salary inlcludes benefits then you should be ok but if it says in RLMT that this salary inclludes benefits then application might be refused

[karthiyegga]

they just advertised salary as £28000 and they did not provide any information about bonus. can the guaranteed bonus as one-off in a year?

[geriatrix]

Keep your Tier 2 queries in a single topic.

[ms2016]

I already have my visa (I applied outside UK). Can you please give me a link for that policy that I can't start yet? I've been trying to search for a relevant info. Thanks.

Hello,

Congratulations for getting a visa. I have couple of queries, would really appreciate if you could help.
1. Have you been to UK before ?
2. And is this the first time you have applied for Tier 2 Visa?
3. If you have applied from outside UK from where?
4. Why did you apply through rCoS and not CoS ? what is the difference ?

I am under a cooling off period planning to apply for visa in few months once i get a job confirmation (under discussion with employer).

Thanks in advance.

[Frontier Mole]

Hi all,

My Employer advertised the Job through RLMT and they stated the salary for the job as £28000 for 37.5 hrs.

whereas the SOC for that role requires £31000 for 39 hours which is pro rated to £29905.

But in COS they have included a guaranteed bonus of £2000 per annum + £28000 ( gross salary advertised) which makes it eligible salary requirement.

Is this way of calculation correct ? Thanks

Calculation should be 31000/39 = 794.87
794.87 x 37.5 = 29807

So based on the RLMT salary quoted it can not meet the requirements for the experienced rate.

Your employer can not add a bonus to make up the difference unless it is guaranteed and stated in the RLMT.

Based on the information above it will a refusal on both rate of pay and failure to conduct RLMT

[Frontier Mole]

In addition.... Were you working for the employer in the first place in the UK?
If so that adds another complication.... It would suggest the role would fall foul of the genuine vacancy test too....

[karthiyegga]

but in the guidance document, it said if the bonus is guaranteed they can add in the gross package.
But completely unsure how will that not meet the rates of pay?

They did not specify that bonus amount in RLM?T!!

[karthiyegga]

How they did assign cos if RLMT not satisfied?

[Frontier Mole]

Under Sponsor Duties it is the Sponsor who decides that they have correctly undertaken the RLMT. It becomes subject to checks at two possible stages.
At the point the COS is used to make a visa application
When there is a compliance visit.

If the RLMT is found at either stage not to have be completed properly, even after the grant of the visa, the Sponsor can be subject to sanction that includes licence revocation. That in turn leads to visa curtailment.

Do not think for one second that your employer issuing a COS is a guarantee that the RLMT has been approved by UKVI nor is it a guarantee it has been completed properly.