URGENT - Tier 2 to GTV Switch

[manci]

Your dependants' visas expire in 12/2021 and they must apply for a GT dependant visa before then irrespective how long your GT visa will be valid for.

Their GT dependant visas will be valid until the expiry date of your 2 year GT visa, say, until 3/2023. Some time before 3/2023. by which time you'll have ILR, they will have to apply for an extension of their dependant visas and once 5 year residency is reached in 12/2024 they'll become eligible for ILR.

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[shan1403]

That's brilliant manci.

A few more questions please:

I was on T4 Dependent Visa for some time, does this count towards ILR?

Is there any rule that specifies that a British passport holder's children can apply for early ILR?

Also, by the time (after my ILR) my dependents will apply for extension in, say 3/2023, they will apply for GTV extension? Because I will no more have a GTV at that time?

Your dependants' visas expire in 12/2021 and they must apply for a GT dependant visa before then irrespective how long your GT visa will be valid for.

Their GT dependant visas will be valid until the expiry date of your 2 year GT visa, say, until 3/2023. Some time before 3/2023. by which time you'll have ILR, they will have to apply for an extension of their dependant visas and once 5 year residency is reached in 12/2024 they'll become eligible for ILR.

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[CR001]

I was on T4 Dependent Visa for some time, does this count towards ILR?

No, not for ilr based on 3 or 5 years. It only counts for ilr based on 10 years long residence.

Is there any rule that specifies that a British passport holder's children can apply for early ILR?

No, especially if the children and spouse have limited leave to remain. The children will follow the other parents route, ie spouse with limited leave to remain or dependent visa.

[shan1403]

Thanks CR001 to the rescue

Any comments about the third query, please?

By the time (after my ILR) my dependents will apply for extension in, say 3/2023, they will apply for GTV extension? Because I will no more have a GTV at that time?

I was on T4 Dependent Visa for some time, does this count towards ILR?

No, not for ilr based on 3 or 5 years. It only counts for ilr based on 10 years long residence.

Is there any rule that specifies that a British passport holder's children can apply for early ILR?

No, especially if the children and spouse have limited leave to remain. The children will follow the other parents route, ie spouse with limited leave to remain or dependent visa.

[manci]

By the time (after my ILR) my dependents will apply for extension in, say 3/2023, they will apply for GTV extension? Because I will no more have a GTV at that time?

From the Skilled Workers Dependants policy guidance (para 19)
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

If you do not qualify for ILR, you can apply as the partner or child of a
person who’s already settled on the basis of their:
• Appendix W visa;
• Tier 1 visa;
• Tier 2 visa;
• Tier 5 (International Agreement) visa.

Tier 1 (Exceptional Talent) was replaced by the Global Talent category in February 2020 and Tier 2 by the Skilled Worker category in December 2020 yet the above para still uses the previous terminology.

It is not entirely clear to me if para 19 in the guidance covers the dependants of a main applicant who obtained ILR on the basis of a Global Talent visa, i.e. whether they can apply for an extension of their dependant visas.

If they cannot the alternative would be a family of a settled person visa the downside of which is the resetting of the dependants’ ILR clock to zero

[shan1403]

Thank you manci,

What would be the safest way for me and my dependents to avoid resetting the counter to zero?

By the time (after my ILR) my dependents will apply for extension in, say 3/2023, they will apply for GTV extension? Because I will no more have a GTV at that time?

From the Skilled Workers Dependants policy guidance (para 19)
https://assets.publishing.service.gov.u ... 0_v1.0.pdf

If you do not qualify for ILR, you can apply as the partner or child of a
person who’s already settled on the basis of their:
• Appendix W visa;
• Tier 1 visa;
• Tier 2 visa;
• Tier 5 (International Agreement) visa.

Tier 1 (Exceptional Talent) was replaced by the Global Talent category in February 2020 and Tier 2 by the Skilled Worker category in December 2020 yet the above para still uses the previous terminology.

It is not entirely clear to me if para 19 in the guidance covers the dependants of a main applicant who obtained ILR on the basis of a Global Talent visa, i.e. whether they can apply for an extension of their dependant visas.

If they cannot the alternative would be a family of a settled person visa the downside of which is the resetting of the dependants’ ILR clock to zero

[manci]

As there are some 10 months before your dependants' visas expire and you are able to apply for ILR there is plenty of time to resolve the question whether or not para 19 in the Skilled Worker (Dependants) guidance applies to your dependants, i.e. whether they can just extend their dependant visas or have to switch to a family of settled person visa.

There is no choice with regard to their ILR clocks:

If they can extend their dependant visas their ILR clocks will not be reset.

If they have to switch to a family of a settled person visa the clocks will be reset and will start again from the time the visa is granted.

[shan1403]

Hi manci,

Thanks for replying back.

Is it allowed for my dependents to allow for their extension dependent visa at the same time when I will be applying for my ILR in 12/2021?

As there are some 10 months before your dependants' visas expire and you are able to apply for ILR there is plenty of time to resolve the question whether or not para 19 in the Skilled Worker (Dependants) guidance applies to your dependants, i.e. whether they can just extend their dependant visas or have to switch to a family of settled person visa.

There is no choice with regard to their ILR clocks:

If they can extend their dependant visas their ILR clocks will not be reset.

If they have to switch to a family of a settled person visa the clocks will be reset and will start again from the time the visa is granted.

[manci]

Your dependants' visas expire the same time when you become eligible for ILR (12/2021). At that time you'll be on a 2 year GT visa valid until, say, 3/2023. You can apply for ILR 28 days in advance of becoming eligible for ILR i.e. in 11/2021 but your ILR application may not be decided by 12/2021 and your dependants must apply before their visas expire.

I think the best plan might be for your dependants to apply for an extension soon after you obtained your GT visa. Their extended visas will then be valid until 3/2023, same as your visa.

By the time you have obtained ILR the answer to the at present unresolved question in previous posts should be resolved and it can be decided whether your dependants should continue on their extended visas or switch to a partner of a settled person visa.

[shan1403]

Hi Manci and Everyone,

Thanks for your wonderful support.

I have decided to take the following route for GTV to cover everything until ILR for myself and for my dependents. Could you please advise if this is good?

I will apply to GTV for 4 years starting in 03/2021. My dependents will switch to GTV Dependent in 12/2021 and they will have the validity for the next 03 years which they originally need to apply for ILR. I will apply for ILR on 02/2022. My dependents will apply for ILR 28 days before the expiry of their GTV dependent visa.

Kindly advise if this seems a good and workable route for me.

Thanks a million again

Your dependants' visas expire the same time when you become eligible for ILR (12/2021). At that time you'll be on a 2 year GT visa valid until, say, 3/2023. You can apply for ILR 28 days in advance of becoming eligible for ILR i.e. in 11/2021 but your ILR application may not be decided by 12/2021 and your dependants must apply before their visas expire.

I think the best plan might be for your dependants to apply for an extension soon after you obtained your GT visa. Their extended visas will then be valid until 3/2023, same as your visa.

By the time you have obtained ILR the answer to the at present unresolved question in previous posts should be resolved and it can be decided whether your dependants should continue on their extended visas or switch to a partner of a settled person visa.

[shan1403]

Hi manci,

It will be much appreciated if you could second the following, please?

Thanks a million for your wonderful support

Hi Manci and Everyone,

Thanks for your wonderful support.

I have decided to take the following route for GTV to cover everything until ILR for myself and for my dependents. Could you please advise if this is good?

I will apply to GTV for 4 years starting in 03/2021. My dependents will switch to GTV Dependent in 12/2021 and they will have the validity for the next 03 years which they originally need to apply for ILR. I will apply for ILR on 02/2022. My dependents will apply for ILR 28 days before the expiry of their GTV dependent visa.

Kindly advise if this seems a good and workable route for me.

Thanks a million again

Your dependants' visas expire the same time when you become eligible for ILR (12/2021). At that time you'll be on a 2 year GT visa valid until, say, 3/2023. You can apply for ILR 28 days in advance of becoming eligible for ILR i.e. in 11/2021 but your ILR application may not be decided by 12/2021 and your dependants must apply before their visas expire.

I think the best plan might be for your dependants to apply for an extension soon after you obtained your GT visa. Their extended visas will then be valid until 3/2023, same as your visa.

By the time you have obtained ILR the answer to the at present unresolved question in previous posts should be resolved and it can be decided whether your dependants should continue on their extended visas or switch to a partner of a settled person visa.

[manci]

IMHO as in the previous post:

I think the best plan might be for your dependants to apply for an extension soon after you obtained your GT visa. Their extended visas will then be valid until 3/2025, same as your visa.

By the time you have obtained ILR the answer to the at present unresolved question in previous posts should be resolved and it can be decided whether your dependants should continue on their extended visas or switch to a family of a settled person visa.

[shan1403]

Hi manci,

Thank you so much for your continuous help and support.

• If I will not be working for the same employer who has given me the supporting letter for endorsement at the time of the ILR (or before that), what effect this would make on the ILR application outcome?

• Leaving the job from the employer who has helped in the endorsement is going to result in the endorsement withdrawn?

• What are the criteria of endorsement withdrawn? I didn't seem to find it anywhere?

Thanks again manci and to this wonderful platform. Such a big help and a sigh of relief (Cheers)

IMHO as in the previous post:

I think the best plan might be for your dependants to apply for an extension soon after you obtained your GT visa. Their extended visas will then be valid until 3/2025, same as your visa.

By the time you have obtained ILR the answer to the at present unresolved question in previous posts should be resolved and it can be decided whether your dependants should continue on their extended visas or switch to a family of a settled person visa.

[manci]

From the immigration rules the endorsement requirements for settlement are:

GT 10.1. The applicant must not have had their endorsement withdrawn by the endorsing body.

GT 10.2. The applicant must have earned money in the UK during their last period of permission in the field in which they were previously endorsed on the Global Talent route.

IMHO you should contact your endorsing body to find out under what circumstance could an endorsement be withdrawn - endorsing bodies have their own rules

[shan1403]

Hi manci and everyone,

Hope you all are in good spirit.

I got my GTV visa today (thankfully) valid till 31/04/2025. I have a quick follow up query.

As the endorsement was from Royal Society was based on the offer which I received, is it really necessary to join the same employer to be eligible for ILR? I am currently working as a Lecturer (for another institution) and the offer I received was for Sr. Lecturer position (from different institution). Therefore, what if I do not take the new employment because of the negotiations at my current employment, and continue doing my current employment? Is this going to effect the ILR later on? Because there is one condition that the endorsement shouldn't be withdrawn and it was based on the Sr. Lecturer offer?

If this is the case then what is the use of GTV visa when we are bound to one employer?

Thanks again for your wonderful support and appreciate if you could clarify this as well.

From the immigration rules the endorsement requirements for settlement are:

GT 10.1. The applicant must not have had their endorsement withdrawn by the endorsing body.

GT 10.2. The applicant must have earned money in the UK during their last period of permission in the field in which they were previously endorsed on the Global Talent route.

IMHO you should contact your endorsing body to find out under what circumstance could an endorsement be withdrawn - endorsing bodies have their own rules

[shan1403]

Hi manci or anyone who can shed some light please?

Thanks again

[manci]

IMHO you should contact your endorsing body to find out under what circumstance could an endorsement be withdrawn - endorsing bodies have their own rules

Have you?

BTW with a GTV you can change or stop doing your job without telling the Home Office, see https://www.gov.uk/global-talent-researcher-academic

[shan1403]

Hi manci,

Yes, I even sent emails and phoned couple of times but unable to get this information. So, I am really confused at the moment.

Although it is written that you can change or stop doing the job, but is this going to effect the endorsement, is my primary concern.

What could be the best solutions to this?

Thanks again for your support.

IMHO you should contact your endorsing body to find out under what circumstance could an endorsement be withdrawn - endorsing bodies have their own rules

Have you?

BTW with a GTV you can change or stop doing your job without telling the Home Office, see https://www.gov.uk/global-talent-researcher-academic

[manci]

you need to pursue the question under what circumstances your endorsing body could withdraw its endorsement and whether this may apply to you.

Read also the HO Code of Practice, para 33 in particular
https://assets.publishing.service.gov.u ... y_2020.pdf

[shan1403]

I have contacted them again. Lets see if they will reply back in time.

Thanks manci for your wonderful help.

Cheers

you need to pursue the question under what circumstances your endorsing body could withdraw its endorsement and whether this may apply to you.

Read also the HO Code of Practice, para 33 in particular
https://assets.publishing.service.gov.u ... y_2020.pdf

[SD002]

Hi shan1403,

Congratulations on securing the GTV.

I am in the same boat now and have couple of questions. Your guidance would be greatly appreciated.
1. Did you select exceptional talent or exceptional promise in your application. I am unsure as the gov.uk page on academic appointment doesn't mention anything about either of these.
2. Can I apply for GTV with an offer of Lecturer position? The gov.uk page on academic appointment only mentions academic or research position (there is no senior before academic). But while filling the application for endorsement, there is only an option to specify that "I have been appointed to a senior academic or research position at a UK higher education institution or research institute"

Thanks a lot for your input in advance.

[SD002]

Hi shan1403 or others,

Can you please respond to my query?
Also, it would be very helpful for me if you can confirm all the documents you uploaded for your application.

Thanks a lot.
SD002

[shan1403]

Hi manci and everyone else,

Until now I haven't heard back from them.

I have a follow up query about the working conditions on this visa. I have been trying to locate policy documents for this but couldn't find any.

• Is there any working hours per week limit in GTV?

• Can I work for multiple employers fulltime at the same time?

• What if I am working fultime with one and also doing freelancing? In this case, do I need to register at HMRC?

Thanks manci in advance.

you need to pursue the question under what circumstances your endorsing body could withdraw its endorsement and whether this may apply to you.

Read also the HO Code of Practice, para 33 in particular
https://assets.publishing.service.gov.u ... y_2020.pdf

[shan1403]

Hi manci,

Any pro-tips please?

[manci]

Is there any working hours per week limit in GTV?
Can I work for multiple employers fulltime at the same time?
What if I am working fultime with one and also doing freelancing? In this case, do I need to register at HMRC?

there are no restriction on work (except for sportpersons), see the caseworker guidance:
https://assets.publishing.service.gov.u ... 4.0ext.pdf

also, from the immigration rules:
GT 7.3. The grant will be subject to all the following conditions:
(a) no access to public funds; and
(b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
(c) study is permitted, subject to the ATAS condition in Appendix ATAS; and
(d) if Part 10 applies the applicant will be required to register with the police.