Changing main applicant (who has tier 2 general visa) to dependent visa

[Anu singh]

Hi, I am currently on my husband's dependant visa(tier 2 general)

My employer is offering me sponsorship..(tier 2 general)

If I accept it and my husband will become dependent on my visa in that case would our counter to get ILR reset?

I mean we are residing in UK from last 4 years. Now 1 Year left to get ILR.. But now if I become primary applicant then would it still be 1 year to ILR or do we have to again stay for next 5 years...

1st case: 2014 December we came in UK.. Expecting ILR in 2019

2nd case: after accepting the sponsorship when are we eligible to get VIsa? Is it still 2019


Thanks
Anu

[CR001]

would our counter to get ILR reset?

Yes and you would have to wai another new 5 year period before you can apply for ILR.

do we have to again stay for next 5 years...

Yes. You cannot combine time as a dependent and main pbs visa holder to make up 5 years for ILR. It must be 5 years total in one or the other.

2nd case: after accepting the sponsorship when are we eligible to get VIsa? Is it still 2019

No. It will be 5 years from date of your new visa issue dates.

The quickest way to get ILR is to NOT change and stay on the route you are now to apply next year.

[Anu singh]

Thanks for replying...
One more query please...

Worst case if I had to accept the sponsorship...
Then what are the chances of getting visa approved...
I believe minimum wages for qualifying tier2 general visa is 31K per year .. Which I am just falling in...


I am worried if I accept the sponsorship offer and then visa would go on hold...

What are the chances that visa approval can go on hold.

Thanks Anu

[CR001]

Then what are the chances of getting visa approved...
I believe minimum wages for qualifying tier2 general visa is 31K per year .. Which I am just falling in...

The requirement is £30,000 or what is stated in the SOC, whichever is HIGHER. What is the SOC your employer is planning to use??

I am worried if I accept the sponsorship offer and then visa would go on hold...

Has your sponsor completed the full and proper RLMT to prove you have not been 'pre-selected' and that there is no British or EU citizen or ILR holder who could do the job?

What are the chances that visa approval can go on hold.

It depends on whether your sponsor has followed the rules and whether you meet the requirements.

You do also realise you have to apply from your home country. You can't switch within the UK.

[Anu singh]

Hi, thanks for providing information..
Can you please tell.. my visa is expiring on 15 th December .. But I have submitted my visa extension (from another employer) application.. Which obviously would take some time to approve...

So do I have legal rights to stay in this country till my new visa comes..?
Let say if I got visa approved on 1st January. 2019. Then can I remain in this country by then?

Someone told that once after submitting visa application.. It is legal to stay..

Thanks
ANU

[CR001]

Can you please tell.. my visa is expiring on 15 th December .. But I have submitted my visa extension (from another employer) application.. Which obviously would take some time to approve...

When did you submit and pay online?
Have you attended the centre to enroll biometrics and submit your supporting documents?

So do I have legal rights to stay in this country till my new visa comes..?
Let say if I got visa approved on 1st January. 2019. Then can I remain in this country by then?

You would be protected by section 3C of the immigration rules provided you have completed the online submission and submitted all your supporting documents etc.

[Anu singh]

Hi,
I have submitted all the documents and biometric is also done last week.. Haven't got the response yet... My visa would be expired on 20th Dec

So my question if we get response after 20th..
1) can we stay legally till the time we get response
2) God forbid.. what if in response our visa application got rejected, then how much time would we have to leave this country?

[CR001]

1. Yes.

2. Usually 7 to 14 days but you should get an option for administrative review.