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Tier 2 General Visa: CoS vs switching to spousal, ILR Query

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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brucew88
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Joined: Thu Jul 28, 2016 5:26 pm

Tier 2 General Visa: CoS vs switching to spousal, ILR Query

Post by brucew88 » Thu Jul 28, 2016 5:38 pm

Hi all,

I am currently on a tier 2 general visa. I am looking to switch employees, I am also getting married to a British Citizen (by birth) in September.

I have been on the T2GV for 4 years, will be coming up to the 5th year July 2017 to be eligible for ILR.

I have been contemplating changing my T2GV into a spouse visa so its easier to find work. However how will this affect my eligibility for ILR?

My main reasons for getting the ILR is to travel and work freely in the UK in the future if my wife wants to return to the UK.

I am also finding a lot of recruitment agents calling me for interview opportunities, only to then turn cold after they hear I require a new CoS. Assuming because it would be harder to place me as the employer would need to apply for CoS + conduct a residents labour test + pay for a visa or they are just not sure of the process.

If I were to continue my T2GV, what can I do to convince them its not that much of an issue?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Tier 2 General Visa: CoS vs switching to spousal, ILR Qu

Post by Casa » Thu Jul 28, 2016 5:43 pm

I can answer your question about switching to a spouse visa. This would re-set your immigration clock to zero and you would be on a new 5 year route to ILR (2.5 + 2.5 years). You would also have to pay the £500 NHS surcharge in addition to the visa fee.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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