Tier 2 General Dependant to Tier 2 General

Melvin_Gor · Post by **Melvin_Gor** » Mon Dec 16, 2013 3:59 pm

Hey,

I am on Tier 2 General and had a few questions regarding my wife who's my dependant at the minute wanting to change to Tier 2 General...

*I believe she has to leave UK and apply from her country ?

* After few months her company agreed to process her permit but they said they are out of certificates(its a council job)...Culd they actually apply for a new one now, if so is there a time frame to apply ? is this a restricted or unrestricted COS ?

* What documents she need to get from the employer before leaving UK ?

* Can she show her UK account (1000 gbp for 3 months) as proof of maintenance ?

* At a later date if I plan to switch to be her dependant should I leave UK to apply ? is there a cooling off period for me ?

* Will me being out of the Country affect my ILR at a later date ?

Hope some of you will be kind enough to respond to my queries.

Thanks in advance

rgds

Post by **manci** » Mon Dec 16, 2013 8:30 pm

Melvin_Gor wrote:Hey,

I am on Tier 2 General and had a few questions regarding my wife who's my dependant at the minute wanting to change to Tier 2 General...

*I believe she has to leave UK and apply from her country ? correct

* After few months her company agreed to process her permit but they said they are out of certificates(its a council job)...Could they actually apply for a new one now, if so is there a time frame to apply ? is this a restricted or unrestricted COS ?
your wife will need a restricted CoS and these always have to be applied for (unlike unrestricted CoSs for which sponsors are given an annual allocation that can be increased if required) Unrestricted CoS requests submitted by the 5th of a month are decided on the 11th of the same month

* What documents she need to get from the employer before leaving UK ?
no documents are needed but she should make sure that the CoS has been assigned before she leaves the UK. It would be a good idea to get a printout of the CoS from the sponsor so as to make sure that her application for entry clearance exactly matches the details given in the CoS

* Can she show her UK account (1000 gbp for 3 months) as proof of maintenance ? yes

* At a later date if I plan to switch to be her dependant should I leave UK to apply ? is there a cooling off period for me ? you can apply from within the UK and there is no cooling-off period

* Will me being out of the Country affect my ILR at a later date ?

Hope some of you will be kind enough to respond to my queries.

Thanks in advance

rgds

Post by **vinny** » Mon Dec 16, 2013 9:01 pm

What is preventing her from remaining as your dependant?

Melvin_Gor · Post by **Melvin_Gor** » Tue Dec 17, 2013 9:31 am

Thank you for your prompt response Manci, much appreciated

* Does all the out of country T2G applications need restricted COS then ?

* since its restricted COS can they apply any time for a certificate, I mean any criteria when and how ?I dont think HR is much aware as she said my wife can apply from in country and she has to wait till April which is the next COS year !!!!! do you mind giving me couple of steps that we could advise them what to do next if I may ?

* Once they apply for Restricted COS does it work like unrestricted cos with regards to decision, I mean applying on 5th and decision on the 11 th? How long will it take for us to get the COS in hand before we culd fly ?

* Its online application to apply for T2G. Will she able to do it by herself or you advise an agent/lawyer to do it for her, I mean is the form similar to what we do here, in that case I have an idea !

@Vinny : Nothing is stopping her. I was just looking at my option to go a bit free lancing if need be at some point, seems I can switch from T2G to her dependent without leaving the country.

Rgds

Post by **Greenie** » Tue Dec 17, 2013 10:46 am

Are you aware that if your wife applies for her own tier 2 visa, and you switch to being her dependent, that both of your clocks for ILR under Tier 2/dependent will restart?

Melvin_Gor · Post by **Melvin_Gor** » Tue Dec 17, 2013 3:46 pm

@Greenie Thank you for pointing it out. Yes, I am aware and that was just for my understanding and not something I am intending to do.

If the company is happy to process her permit, I think its def good one way or the other as you never know how rules could change in the future.

I am waiting to get Manci's or someone else input on restricted COS..

Rgds

Post by **manci** » Tue Dec 17, 2013 6:48 pm

Melvin_Gor wrote:Thank you for your prompt response Manci, much appreciated

* Does all the out of country T2G applications need restricted COS then ? yes

* since its restricted COS can they apply any time for a certificate, I mean any criteria when and how ?I dont think HR is much aware as she said my wife can apply from in country and she has to wait till April which is the next COS year !!!!! do you mind giving me couple of steps that we could advise them what to do next if I may ?
HR doesn't seem to be clued up on how to sponsor migrants although as licensed sponsors they ought to be. The annual allocation (April to April) is for unrestricted CoSs and, if needed, even that can be requested to be increased during the year. Re. restricted CoSs read the sponsor guidance, p42 and onwards (it is too lengthy to describe it here):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

* Once they apply for Restricted COS does it work like unrestricted cos with regards to decision, I mean applying on 5th and decision on the 11 th? How long will it take for us to get the COS in hand before we culd fly ?
No, once the sponsor gets approval for the restricted CoS application they can assign the CoS to the migrant straight away (and within 3 months).

* Its online application to apply for T2G. Will she able to do it by herself or you advise an agent/lawyer to do it for her, I mean is the form similar to what we do here, in that case I have an idea !
This has to be your/her choice. The online application is similar to the paper application (VAF9 Appednix 5), see:
http://www.ukba.homeoffice.gov.uk/visas ... outsideuk/

@Vinny : Nothing is stopping her. I was just looking at my option to go a bit free lancing if need be at some point, seems I can switch from T2G to her dependent without leaving the country.

Rgds

Melvin_Gor · Post by **Melvin_Gor** » Wed Dec 18, 2013 10:02 am

Awesome..thanks for your time Manci

While reading through the document I came across

"Any unrestricted CoS we allocate to you can only be used for unrestricted jobs. If you assign an unrestricted CoS to a migrant for a restricted job and that migrant is not a Croatian national we will revoke your sponsor licence "

I understand being tier 2 dependant she needs restricted COS but whats the criteria to decide whether a job is restricted or unrestricted ?

Post by **manci** » Wed Dec 18, 2013 10:56 am

the quote is not relevant to your wife's situation, it merely says that if sponsors have allocations for unrestricted CoSs these must not be used to assign restricted CoSs

Melvin_Gor · Post by **Melvin_Gor** » Thu Dec 19, 2013 3:10 pm

great, Ty Manci.

Following your guidelines she spoke to the HR and got a reply like this !!

" A vacant post needs to be advertised first before applying restricted COS "

If so,

* Since shes already an employee is this necessary ?
*Wouldnt it be tricky if others apply for it this time around ?
* The first job advertisement came in may and then in June 2013, is that RLMT still valid in her case I mean is there any expiry date for the adv ?
* If the job comes in shortage occupation list can the restricted COS be applied straight away ?

appreciate your continued support.

Rgds

Post by **manci** » Thu Dec 19, 2013 7:23 pm

Melvin_Gor wrote:great, Ty Manci.

Following your guidelines she spoke to the HR and got a reply like this !!

A vacant post needs to be advertised first before applying restricted COs

correct unless the job is in a shortage occupation or the salary is more than £152.1k

If so,

* Since shes already an employee is this necessary ? yes

*Wouldnt it be tricky if others apply for it this time around ? could be but that is what the RLMT is about

* The first job advertisement came in may and then in June 2013, is that RLMT still valid in her case I mean is there any expiry date for the adv ?
The CoS has to be assigned within 6 months from the date the job has been first advertised

* If the job comes in shortage occupation list can the restricted COS be applied straight away ? then the sponsor can apply for the restricted CoS without doing an RLMT

appreciate your continued support.

Rgds

Melvin_Gor · Post by **Melvin_Gor** » Sat Dec 21, 2013 11:41 am

Seems the 6 month time period has lapsed to issue the COS since the first ad came in May. We should have pushed a bit more earlier. All we can do now is wait till they put the new ad for 28 days and hope for the best.

Please do let me know if you think we can do anything from our end to push this.

Thanks again for your generosity.

Rgds

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