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Can dependant of PSW Holder Apply for Tier 2 Visa within UK

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Obalende
Newbie
Posts: 31
Joined: Mon Jul 23, 2007 1:46 pm

Can dependant of PSW Holder Apply for Tier 2 Visa within UK

Post by Obalende » Wed Jul 04, 2012 3:37 pm

Hi guys,

Please I am the dependant of a PSW holder. Based on:

http://www.ukba.homeoffice.gov.uk/visas ... igibility/#

I must leave UK to apply for my Tier 2 General visa even though I meet all the points of the PBS.

My question is:
1.) Since I am currently employed and working in UK with kids and stuff, is there any way for me to apply for the Tier 2 visa which I qualify for from within UK or MUST I certainly go back to my home country to apply.

2.) Is there a chance that I am considered to apply from within UK on compassionate grounds owing to instability in home country.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jul 04, 2012 4:50 pm

1. From home country.
2. Is the British Embassy closed in the country in question or is the embassy not accepting visa applications? If not, then the supposed instability is of no relevance.
Life isn't fair, but you can be!

sandeepbisht
Newly Registered
Posts: 4
Joined: Thu Jul 05, 2012 2:57 am

Tier 1 PSW dependent switching to Tier 2 General

Post by sandeepbisht » Thu Jul 05, 2012 3:17 am

Hi sushdmehta,

My status is Tier 1 PSW dependent and already working in UK as a IT Project Consultant since 2008. My new employer is happy to process my Tier 2 General Visa and i am working with them since last 6 months.

I have got two question, One was answered by you in last reply but for another, Please if you can advise:-

somebody told me, I still need to clear Market Labour Test. This is very surprising for me as I am already working since last 6 months for the same employer and believe it for the applicants who hasn't worked in UK at all.
I am ready to apply my visa from home country but Please an you advise on Market Labour Test and what else is required, as i am not able find this information in UKBA.

Thanks
Sandeep

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 1 PSW dependent switching to Tier 2 General

Post by manci » Thu Jul 05, 2012 10:20 am

sandeepbisht wrote:Hi sushdmehta,

My status is Tier 1 PSW dependent and already working in UK as a IT Project Consultant since 2008. My new employer is happy to process my Tier 2 General Visa and i am working with them since last 6 months.

I have got two question, One was answered by you in last reply but for another, Please if you can advise:-

somebody told me, I still need to clear Market Labour Test. This is very surprising for me as I am already working since last 6 months for the same employer and believe it for the applicants who hasn't worked in UK at all.
I am ready to apply my visa from home country but Please an you advise on Market Labour Test and what else is required, as i am not able find this information in UKBA.

Thanks
Sandeep
Guidance on how to apply for T2G entry clearance is here, together with the application form:
http://www.ukba.homeoffice.gov.uk/visas ... outsideuk/

You are working for the company as a PBS Dependant at present and that doesn't require a RLMT. However, before you apply for T2G entry clearance from abroad the company has to assign a CoS to you and they have to undertake a RLMT (unless an exemption applies) - the company should know that if they are T2 registered sponsors. Furthermore, it is going to be a restricted CoS so they will have to apply for an allocation (done monthly).

You should also read the T2 policy guidance to check if you qualify on the basis of the actual job, SOC code, salary, etc.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

sandeepbisht
Newly Registered
Posts: 4
Joined: Thu Jul 05, 2012 2:57 am

Thnks but

Post by sandeepbisht » Thu Jul 05, 2012 11:43 am

Many thanks for the reply,

Technically RLMT is for the position that is vacant and company is recruiting somebody from out of country but in my case, I am already working on a same position for 6 months.

Is there any exemption for case like me?

thanks
Sandeep

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Jul 05, 2012 12:19 pm

No

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