Tier 1 Dependent to Tier 2 – Do I require a Labour mkt test?

[MASH2000]

Hi. I’ve been on a Tier 1 Dependent visa for a four years (not yet ILR eligible). In that time, I attained a post-graduate degree from the UK and I’m currently gainfully employed. I’d like to explore the option of transitioning to a Tier 2 visa. Is my employer except from the labour market test based on my UK degree?

Thanks much!

[CR001]

No, you are not exempt from RLMT and can only apply for Tier 2 G from your home country.

Why would you want to start a new 5 year route to ILR?

What is your spouse's visa status, still Tier 1 or ILR?

[MASH2000]

Tremendously kind of you to respond. Thank you. My partner remains on a Tier 1 General. He has yet to apply for an ILR, but we are looking to diversify our options. Where should we be looking for advice please? We've already 'consulted' with an immigration adviser, but his level of service and knowledge of relevant regulations left much to be desired. Again, Thank you for responding.

[CR001]

If you as the Tier 1 G dependent applies for Tier 2 General and your partner (tier 1 G main) applies as Dependent, this will be a new 5 year route. RLMT will be required for whichever option to prove that you/partner were not 'pre-selected' for the role.

You will have to apply from your home country. You are not able to switch within the UK. Your partner who is the main Tier 1 G holder can switch within the UK.

If I may ask, why do you not want to apply for ILR based on 5 years Tier 1 G? What do you mean by 'diversify your options'.

Tier 2 G requires the main visa holder to earn £35k for ILR and it has a sliding scale increase for the next few years. You also cannot contract on Tier 2 G, you can only work for your sponsor. It is much more restrictive than Tier 1 G is.