URGENT - Tier 2 to GTV Switch

[shan1403]

Hello Respected Members and Moderators.

I have a bit urgent query as I need to apply for the GTV now and my new HR has given me a deadline. Therefore, I humbly request to guide me in this, please.

My current situation:
Tier 2 General, 03 years to expire on 12/2021
Tier 2 Dependent (my family), 02 years to expire on 12/2021 (they joined a year late)
I have an offer of Senior Academic position in the UK.

I have the following queries (I have searched this section a lot and didn't find sufficient answers. Also I posted some queries in T2 section and got the reply for T2 queries but I was told to post in GTV for GTV related queries):

• My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere.

• Should I choose the GTV 01 years Visa or 02 years?

• If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?

• If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?

• Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?

I will highly appreciate a prompt reply..

Thank you for the help and support

[shan1403]

Guys.................. really need your help in this, please. Appreciate if someone can reply (member or moderators)?

[manci]

I tried to answer your questions but you'll find full details of the GTV route in the immigration rules Appendix Global Talent:
https://www.gov.uk/guidance/immigration ... bal-talent

My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere

They can stay on their current visas until they expire:
From https://www.gov.uk/global-talent/switch-to-this-visa

Apply to switch your dependants’ visas at the same time as you switch your own visa. If you cannot apply at the same time, your partner or child can switch their visas at a later date - this must be before their current visa expires.

from immigration rule GT 16.1:

If the dependant is applying at the same time as the Global talent applicant, they can be included in the form “Global talent – stage 2” where the form allows dependants to be added. Otherwise:
– Dependant partner
– Dependant child

If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?

yes

If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?

no, dependants need 5 years residence, see immigration rule GT 30.1 and https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa

Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?

you can apply for settlement after 3 years, no need to wait until the end of your GTV visa

[shan1403]

Thank you manci,

I checked the rules which you have mentioned. However, I am a bit confused here. I am on Tier 2 General at the moment and in the immigration rules part 9: grounds of refusal, change of employer 9.29.1, it says the following (is that applies to me?):

9.29.1. Where a person has permission as a Skilled Worker, person on the Intra-Company routes, T2 Minister of Religion, T2 Sportsperson, or T5 (Temporary Worker), their permission may be cancelled where they have changed their employer, unless any of the following exceptions apply:

(a) they are a T5 (Temporary Worker) on the Government Authorised Exchange Worker or Seasonal Worker routes and the change of employer is authorised by the sponsor; or

(b) they are working for a different sponsor unless the change of sponsor does not result in a change of employer, or the change in employer is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006, equivalent statutory transfer schemes, or the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector; or

(c) they have permission as a T2 Sportsperson or a T5 (Temporary Worker): Creative or Sporting Worker, and all of the following apply:
(i) they are sponsored by a sports club; and
(ii) they are sponsored as a player and are being temporarily loaned to another sports club; and
(iii) player loans are specifically permitted in rules set down by the relevant sports governing body; and
(iv) their sponsor has made arrangements with the loan club to enable to the sponsor to continue to meet its sponsor duties; and
(v) the player will return to working for the sponsor at the end of the loan

I tried to answer your questions but you'll find full details of the GTV route in the immigration rules Appendix Global Talent:
https://www.gov.uk/guidance/immigration ... bal-talent

My dependent (PBS) have to apply to switch as well or not? Please provide some reference as I didn't find it anywhere

They can stay on their current visas until they expire:
From https://www.gov.uk/global-talent/switch-to-this-visa

Apply to switch your dependants’ visas at the same time as you switch your own visa. If you cannot apply at the same time, your partner or child can switch their visas at a later date - this must be before their current visa expires.

from immigration rule GT 16.1:

If the dependant is applying at the same time as the Global talent applicant, they can be included in the form “Global talent – stage 2” where the form allows dependants to be added. Otherwise:
– Dependant partner
– Dependant child

If I choose GTV 01 year visa now will I be able to apply for ILR after spending 01 years on GTV and 02 years on Tier General?

yes

If I choose GTV 02 years then my dependents can also apply for ILR after their 03 years completion (01 year Tier 2 and 02 years GTV)?

no, dependants need 5 years residence, see immigration rule GT 30.1 and https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa

Also, can I apply for ILR 01 year early (if I choose GTV 02 years) or I must complete the 02 years visa and then apply for ILR?

you can apply for settlement after 3 years, no need to wait until the end of your GTV visa

[shan1403]

It will be great if manci or anyone else can shed some light here please?

[manci]

When your GT visa is granted your permission as a Skilled Worker will be automatically cancelled

[shan1403]

Bundle of thanks manci,

If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?

And is there a way to add your parent(s) as a dependent in GTV?

Could you also kindly look into GT 11.1 here (https://www.gov.uk/guidance/immigration ... bal-talent) that says the following. My endorser is Royal Academy so, the period which I have spent (in T2 General) without the endorsement applied towards the 3 years settlement?

GT 11.1. The applicant must have spent a continuous period of 3 years in the UK if:
(a) they were endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI; or
(b) they were endorsed under the exceptional talent criteria by Arts Council England or Tech Nation.

When your GT visa is granted your permission as a Skilled Worker will be automatically cancelled

[CR001]

If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?

No effect on tier 2 if gtv is refused

And is there a way to add your parent(s) as a dependent in GTV?

No!

[shan1403]

Bundle of thanks CR001 and manci.

Highly Appreciated

[shan1403]

Hi CR001,

I hope you (and everyone) are doing well.

Could you please advise me here. The following link (also sent by manci) says the following for ILR eligibility:
https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa

Eligibility
You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years

As I have explained earlier, I am on Tier 2 General Visa and my endorsement is on exceptional promise. Therefore, will I still be able to apply for ILR after spending 01 year on GTV and 2 years on T2 General?

Because it says ON THIS VISA for least 05 YEARS.

I will highly appreciate any advise as I am quite confused now that should I go for the GTV or just go for Skill Worker Visa because for ILR the remaining period left for me is 03 years and for my dependents is 04 years?

Bundle of thanks in advance.

If the permission is not granted, is this going to affect my current T2 General leave which is valid for this whole year?

No effect on tier 2 if gtv is refused

And is there a way to add your parent(s) as a dependent in GTV?

No!

[shan1403]

I will highly appreciate if CR001, manci or anyone can reply ...

[shan1403]

Hellow CR001, manci or anyone who has an experience with GTV switch or application.

Just to update about the situation. I had a talk with the Home Office on phone before applying for the GTV. The lady who was on the phone told me entirely the opposite things. She said:

• If I will be applying for a switch from T2 General to GTV (promised route) my time spent in T2 will not be counted

• To be eligible for settlement in GTV, I have to spend 03 years entirely on this visa for ILR

I will highly appreciate if someone who has done something similar or has some similar experience can shed some light on this. As I said that this is kind of urgent.

Thanks in advance ...

[manci]

The lady who was on the phone told me entirely the opposite things

Unfortunately people who answer HO helplines are not always properly trained.

Once you are granted the GT visa you'll need either 3 years or 5 years continuous residence for settlement depending on your endorsement - see immigration rules GT 11.1 and GT 11.2

For combining time on the GT visa with time on other type of visas, for example Skilled Worker, see immigration rule GT 11.3

[shan1403]

Hi manci,

I am so much grateful for your continuous support.

Based on GT 11.1 and 11.2, if I have the exceptional promise endorsement from Royal Society, I can apply for ILR after spending 01 year on GTV and 2 years on T2 General? Please correct me if I am wrong? Just need to confirm this in my head can proceed further.

P.S. I quoted these sections to the lady who answered and she just got irritated which is not understandable.

Appreciate your prompt reply and once again bundle of thanks.

[quote=shan1403 post_id=<a href="tel:1991371">1991371</a> time=<a href="tel:1613580475">1613580475</a> user_id=206149]
The lady who was on the phone told me entirely the opposite things

Unfortunately people who answer HO helplines are not always properly trained.

Once you are granted the GT visa you'll need either 3 years or 5 years continuous residence for settlement depending on your endorsement - see immigration rules GT 11.1 and GT 11.2

For combining time on the GT visa with time on other type of visas, for example Skilled Worker, see immigration rule GT 11.3
[/quote]

[CR001]

The call centre is outsourced to a third party agent called Sotel, you are not speaking to ukvi staff or caseworkers. The call cente has limited knowledge and access to ukvi systems.

[shan1403]

Hi CR001,

Thanks for the response.

Could you please confirm if my understanding is correct or not?

Based on GT 11.1 and 11.2, if I have the exceptional promise endorsement from Royal Society, I can apply for ILR after spending 01 year on GTV and 2 years on T2 General? Please correct me if I am wrong? Just need to confirm this in my head can proceed further.


Thanks a million

The call centre is outsourced to a third party agent called Sotel, you are not speaking to ukvi staff or caseworkers. The call cente has limited knowledge and access to ukvi systems.

[manci]

My current situation:
Tier 2 General, 03 years to expire on 12/2021

IMHO If you are granted the GT visa based on the Royal Society endorsement you will be eligible to apply for ILR 28 days before completing 3 years continuous residence in December 2021.

[shan1403]

Bundle of thanks manci & CR001.

I will update the outcome here once I get some decision.

Stay safe.

My current situation:
Tier 2 General, 03 years to expire on 12/2021

IMHO If you are granted the GT visa you will be eligible to apply for ILR 28 days before completing 3 years continuous residence in December 2021.

[shan1403]

Hi manci and other respected members,

I have a few quick follow up questions or rather confusion and I will highly appreciate it if manci can guide me here.

Based on my understanding until now, I am looking to apply for a 01 year GTV visa and apply for ILR on 12/2021 with still a few months left on my GTV because I will complete 03 years on 12/2021 (2.3 years on T2 General and 7-8 months on GTV). However, at the same time (12/2021) my dependents extension will be due.

Therefore, I am confused with the following questions:

• Should I choose a 02 years GTV visa and let my dependents to switch on GTV dependents on 12/2021 and then after that apply for ILR?

• If I will choose a 01-year GTV visa duration, my dependents will be able to switch to GTV dependents at the same time? Or they will apply for T2 (Skill Visa) Dependent Extension?

• What extension my dependents will choose after their GTV dependent visa expiry on 12/2022, if I will choose a 02 years GTV duration and apply for ILR after their switch on GTV on 12/2021?

• Do they have to switch to ILR dependent? And this is going to reset their counter or not?

• Please advise what will be the safest path for me and my dependents based on the current situation

I am just about to submit my GTV visa application and I am confused in choosing 01 year GTV or 02 year GTV.

Help and advise is urgently required ...

Thanks a million to this wonderful forum

[shan1403]

Hello manci or anyone who has GTV experience, kindly advise so I can proceed please?

[manci]

This would be the scenario if you apply now for a 1 year GT visa and include your dependants in the application. Assuming the application is granted all visas will be valid until , say, 15/03 2022:

You apply for ILR in 12/2021 and it is granted

Your dependants apply for an extension of their dependant visas in 3/2022 and it is granted with a validity of 3 years.

If they arrived in the UK in 12/2019 by 3/2025 they will have clocked up 5.25 years in the UK and will be eligible to apply for ILR.

[shan1403]

Hi manci,

thanks again for helping me out.

What if I don't add my dependents with me now for GTV?

Thanks again

This would be the scenario if you apply now for a 1 year GT visa and include your dependants in the application. Assuming the application is granted all visas will be valid until , say, 15/03 2022:

You apply for ILR in 12/2021 and it is granted

Your dependants apply for an extension of their dependant visas in 3/2022 and it is granted with a validity of 3 years.

If they arrived in the UK in 12/2019 by 3/2025 they will have clocked up 5.25 years in the UK and will be eligible to apply for ILR.

[manci]

Your dependants' visas expire in 12/2021. Once you get your 1 year GT visa they can apply any time before 12/2021 but their new visas will will only be valid until 3/2022 in line with your visa .

[shan1403]

So, if I am not adding my dependents now and apply for 2 year GTV and then apply for ILR in 12/2021, and my dependents will switch to GTV (validity 12/2022) what visa it will be for my dependents in 12/2022 when they will extend their leave after my ILR?

Thanks again

Your dependants' visas expire in 12/2021. Once you get your 1 year GT visa they can apply any time before 12/2021 but their new visas will will only be valid until 3/2022 in line with your visa .

[shan1403]

Hi manci, any last-minute advise, please?