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Switching from Tier 1 Dependent to Tier 2 General

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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metaplace
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Switching from Tier 1 Dependent to Tier 2 General

Post by metaplace » Mon May 23, 2016 2:44 pm

I am currently on a Tier 1 Entrepreneur dependent visa. Looking to switch to Tier 2 General. I am already working for an IT firm. Just wanted to know, if my employer is happy to sponsor me a Tier 2 General Visa.
I understand i need to go back home and apply for an entry clearance.

My questions are :
Given that i am already working for the employer, what are the measures i can take to prove that i am not being pre-selected. Is there anything in my/my employer hands ?

How complex or difficult the case would be ?

Do i need to resign now?

How long would the process take if the process is started today ?

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CR001
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Re: Switching from Tier 1 Dependent to Tier 2 General

Post by CR001 » Mon May 23, 2016 3:13 pm

If your employer is a genuine HO approved sponsor, they will know what they have to do and will have to complete the full and proper RLMT process and provide evidence that no one who is settled, EU or British is suitable for the job.

RLMT has to be run for a minimum of 28 days.

If the job under Tie 2 Sponsorship is exactly the same as the job you are doing now, their might be questions from HO re pre-selection.
Char (CR001 not Casa)
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metaplace
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Joined: Mon May 23, 2016 2:37 pm

Re: Switching from Tier 1 Dependent to Tier 2 General

Post by metaplace » Wed May 25, 2016 8:29 am

Thanks Cr001. Much appreciated.

Also, i find the rules arent clear specifically in this scenario. trying to understand if i need to resign? The home office website conditions says "you cannot start working before you get the visa". As i am already working for this same company does this mean i am in breach of this ?

Also my sponsor is a well known company and shall hopefully be conducting a proper and full RLMT.
My question is :

does "already working" for the sponsor alone makes home office view it as pre-selected and reject straight away

or

is it dependent on the way RLMT is conducted and proof of submission that there is absolutely no settled worker.

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CR001
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Re: Switching from Tier 1 Dependent to Tier 2 General

Post by CR001 » Wed May 25, 2016 2:13 pm

There is no requirement to resign.

Yes, working for the sponsor already and getting sponsorship for the same job you are already doing on a PBS Dependent visa will certainly make HO look very closely and in depth into the application and the full RLMT process.

What exactly is the job you do that will be sponsored?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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