Printed/Copies of Required Materials w/ Tier 2 App??

[xcrogers]

Hi, I'm looking for a bit of confirmation/direction on research done both here on this forum and using the Home Office's website. Any help/clarification would be most appreciated. Thank you in advance!!

Current Status: Wife and I (USA citizens) are in the UK. Wife has Tier 2 ICT Long Term Visa through her office and I hold a dependent visa. Paperwork processed/arrived in Feb/March of 2016. I currently have a full time job here in the UK within my profession.

Following questions/assumptions which we'd like confirmed/corrected:

1. I (the dependent) can switch to a Tier 2 General visa with no 'cooling off' period.
2. Possible process by which I would apply/obtain Tier 2 Visa
- apply/fill-out paperwork here in the UK for standard Tier 2 points based visa application. I assume this would include my office conducting RMLT and preparing a CoS with any other required paperwork.
- physically obtain visa in USA? IE, I could submit final paperwork/application online here in the UK and then fly to NYC office to pickup. If use super premium service I could have visa (assuming successful) back within 1-2 days. Otherwise timeframe would be standard processing time.

Generally I'm just not sure if i can do this type of application completely in the UK or if it will involve me flying home for some amount of time (if even just for final processing of the visa application). Yes, I realize I am glossing over quite a bit of of the details/process but I wanted to first understand/confirm that such a switch possible without me leaving the UK for an extended period.

Thank you

[moonlight55]

1. Yes, you can do that.

2. You need to apply for your visa from your home country (US in your case). You can very well submit your application online from UK. I'm not sure of how this "super premium" service works, but the application process normally involves submission of printed application details to VFS office along with your biometrics. Depending on the processing timeline, you will get a 30-day visa on your passport within which you will have to travel back to UK. Once you are in UK, you need to collect the BRP from your designated post office branch.

The key to all this is that the RLMT is carried out properly as per guidance by the employer. If home office is not convinced about it, the processing may get delayed. RLMT is the most common cause of Tier 2 general visa delays / rejections.

One question - You said that you are already employed. Is the same employer sponsoring your T2 General visa?

[xcrogers]

Thank you for the information.

Yes, my current employer is the one who would sponsor me. Does this change any aspect of switching to the Tier 2 General from dependent visa?

Otherwise it seems that I would follow the standard Tier 2 process (including the RLMT as you mentioned).

That said, the super premium service was/is available when we originally applied for our Visa's in the USA. Basically we had submitted our application/biometrics in person with no waiting period (essentially skipped 'the line') and then had the final visa's in hand next day. We still had to pick up our final biometric cards upon arrival in the UK.

https://www.gov.uk/ukvi-premium-service ... um-service

Thank you

[xcrogers]

After a quick re-scan of the Tier 2 Policy guide. I came across the following:

Continuing to work in the same occupation for the same sponsor
100.You will be awarded 30 points if you have a Certificate of Sponsorship and you are
continuing to work in the same occupation for the same sponsor. You must be, applying
for leave to remain and you must have or have last been granted entry clearance, leave
to enter or remain under one of the following:
 a Tier 2 (General) Migrant; or
 a Qualifying Work Permit Holder; or
 a Representative of an Overseas Newspaper, News Agency or Broadcasting
Organisation; or
 a Member of the Operational Ground Staff of an Overseas-owned Airline; or
 a Jewish Agency Employee.
Your sponsor will be exempt from doing a resident labour market test. The occupation must fall
under the same Standard Occupational Classification code as on your previous grant of leave
unless the only reason for the change in SOC Code is the reclassification from SOC 2000 to
SOC 2010.

As I obtained my current dependent visa through standard application/procedure which grants me the ability to work in the UK (outside of Dr/Dentist Training) would this then exempt my current employer from conducting the RLMT?

[moonlight55]

You are not exempt from RLMT since you don't have a Tier 2 visa with your current employer.

If your current employer is your sponsor, there may be an element of pre-selection. You can read quite a few posts here in this forum where there were instances of visa not going through because HO was not sure if RLMT was conducted properly. Hence, in your case, its very important for your employer to follow the RLMT guidance.

[xcrogers]

Hello all, looking to confirm if I would fall under a restricted or unrestricted Cos in applying/switching to Tier 2 General...

- currently in UK as Tier 2 ICT dependent - applied/issued in March 2016
- currently working (salary below £155,300) in UK
- application for Tier 2 would be from within UK (i think...)

reviewing the Tier 2 guidance PDF I don't fall under point 3 (not Croatian), but I'm not totally sure if I fall under point 1 as I'm already in country and working with the company that will sponsor me and point 2 as I'm a dependent of a Tier 2 ICT, not Tier 4.

Can anyone clarify/confirm which CoS I'd fall under? Thanks!!!

Text as taken from UK Tier 2 Guidance

27.5The limit applies to:
 CoS for new hires earning under £155,300 per year coming work in the UK from
overseas - we call these ‘restricted’ jobs, for which a ‘restricted’ CoS is needed
 CoS for the dependant of a migrant who was last granted leave under Tier 4,
where that dependant is already in the UK and wishes to switch into Tier 2
(General) and will be paid less than £155,300
 CoS for Croatian nationals

[CR001]

- application for Tier 2 would be from within UK (i think...)

You cannot apply for Tier 2 General within the UK. You have to apply from your home country.

27.5The limit applies to:
 CoS for new hires earning under £155,300 per year coming work in the UK from
overseas - we call these ‘restricted’ jobs, for which a ‘restricted’ CoS is needed

Restricted CoS.

Is it your current employer who is sponsoring you?

If yes :

Are they an approved sponsor?

Have they completed the full and proper RLMT to prove to HO, with documentary evidence, that you were not 'pre-selected'?

[xcrogers]

Thanks for the clarification on the restricted/unrestricted.

Yes, they are already an approved, A-rated sponsor and would conduct the RLMT per the guidelines (understanding that can be a process in itself) to illustrate I was not pre-selected.

Regarding the application from abroad/in the UK. I'm operating under the logic that I can 'apply' (basically submit all paperwork/application) online from within the UK. Then, if/when successful, and recalling the original process a few months ago I would then be assigned a Biometric appointment at a location of my choice in the USA. Though, would this be required as I already hold a valid UK biometric resident card which was issued in March 2016 through my original ICT Dependent Visa application?

Depending on how long I wanted to be in the USA for the biometric/application process I could include an application for priority/super priority service (see point 4/5). https://www.gov.uk/government/publicati ... in-the-usa

[CR001]

Biometrics have to be enrolled with each and every application you make.

[xcrogers]

Thanks, Appreciate the valuable information!

An additional question for the board. Assuming the employer conducts an RLMT per the letter of the law and writes a job rec that fits the applicable job code (at the same time is general enough as to not be predetermination but specific enough for the job that is required... )

The reason being, in my field one can have various technical accreditations, years experience, type of project experience, etc etc which can be quantified and specifically noted as part of the job requirement. However, ones personal portfolio and design work is also considered and generally as a large part of an application. This material is specific to the individual and cannot be quantified in any way other than to say "have a portfolio of work'. If an employer (any employer) doesn't respond to your portfolio thats not to say its bad, but just not the right fit for that particular office. How (if at all) does something like that play into the RLMT or at least when the HO/UKVI is reviewing if the RLMT was correctly carried out?

Again, thank you.

[physicskate]

If any other applicant has the required qualifications/ experience, you cannot be appointed. That follows with the portfolio: if it is a suitable portfolio, you cannot be appointed/ pass the RLMT.

[xcrogers]

I am currently working in the UK as an Tier 2 ICT Dependent. The My spouse, who holds the Tier 2 ICT Visa is pursuing alternative work. Assuming the new company is following all applicable rules in terms of picking up a new employee from a Tier 2 ICT visa to Tier 2 General (ie salary) how would this impact my working situation? Assume for the sake of this question that the new visa is in place (job wouldn't be accepted until that process/schedule was established).

IE... Once informing her current company of a new position they may issue an immediate dismissal rather than have them around for the 30 day notification period. Would we/I have a limited period of time to exit the country before the start date at the new company?

Would I be/need to reapplying as a dependent to my spouses new Tier 2 general visa?

Thank you

[CR001]

From your previous posts, you said you as the dependent visa holder was applying for Tier 2 G.

http://www.immigrationboards.com/uk-tie ... l#p1378923

I don't think your spouse can switch from ICT main visa to Tier 2 G without the 12 month cooling off period.

[xcrogers]

Correct, I (the dependent) am pursuing a Tier 2 General Visa application.

Outside of that:

My partner who currently holds the Tier 2 ICT Visa is looking into switching jobs and entering into a Tier 2 General sponsored by the new company. We understand that this can occur without the 'cooling off' period as the job has an associated salary in excess of the £153k threshold.

My question is, should her change in employment occur before my Tier 2 General application is processed does my dependent visa remain intact throughout their job transition? Or do I need to return home and 'reapply' for a new dependent visa?

Thank you

[CR001]

Your visa should be fine, besides, dependents can change to other dependent visas within the UK. For your Tier 2 G, you have to apply outside the UK.

[xcrogers]

Thanks

And yes, we understand that the final application of my Tier 2 General must be submitted from outside the UK.

[xcrogers]

Your visa should be fine, besides, dependants can change to other dependent visas within the UK. For your Tier 2 G, you have to apply outside the UK.

Is there anywhere that this is outlined officially by the Home Office? If their job switch occurs before my application occurs we want to be sure that we aren't putting my future Tier 2 General (or employer) at risk by being outside the law for any period of time and it would be nice to see where this is outlined.

Outside of that...
To outline the procedure (as we understand it) we assume that partners new visa application and new UCoS is created and issued with an agreed start date (ie Jan 1st). Once done partner serves notice to current employer on Dec 1st and would either continue through to end of notice period (or possibly be terminated immediately). As start date of new job would be 30 days from notice at existing job there could be 30 days of 'unemployment' which we fear might impact my employment or separate application for a Tier 2 General.

Two questions/confirmations:
- We understand an Unrestricted CoS can be issued due to high earner which also exempts from cooling off period and RLMT which switching from ICT Tier 2 to Tier 2 General
- we understand that partner will need to complete application/passport stamped in home country which, could be done while home over holiday just before January 1st.

Can the above assumptions/questions be commented on?

[xcrogers]

Heading pretty much says it all, is one required, as the visa applicant to produce any information regarding RLMT in a Tier 2 G visa application/interview? RLMT was run, RCos applied for and subsequently approved by HO. Trying to game plan items/paperwork I may need to bring to my home country.

Thanks.

[Hua_UK]

Hi xcrogers
As far I now RLMT documents no need to send with application. when you fill online application it will ask for the sponsor license number and CoS number. When you submit the online application, the check list only ask for Passport, 2 Photos and bank statement if sponsor no supporting that and english skills proof if needed.

I just submit my Application Yesterday on Priority Services.

[moonlight55]

You are not required to submit any documentation related to RLMT along with your application. The sponsor is required to maintain all the necessary records and UKVI will contact the sponsor in case they need to verify the documents.

[xcrogers]

Thank you.

[xcrogers]

Will be making my tier 2 general application next Monday in New York. I would like to verify the materials I am required (and intend) on bringing in support of my application.

I will be providing originals and 2 copies of the following as possible and have digital copies should I need to print more.

- Tier 2 Visa application
- Current and Previous Passport
- COS details
- confirmation of health surcharge paid on application submittal
- Maintenance Verification Letter & 90 days of statements

Other forms/letters I intend to bring 'just in case'
- employment confirmation from Employer
- images of job advert used for RLMT
- marriage license
- Social Security Card
- current BRP
- copy of wife's BRP/Passport
- printout of rental agreement for London Flat noting both names
- NHS number
- UK Tax Reference Number

Is there anything obvious (or not but would be good to have) that I'm missing?

Thank you

[xcrogers]

bump for a steer (or perhaps a link to a thread where previously discussed)? search function doesn't seem to be working for me right now...

[xcrogers]

Sorry for the multiple bumps but it would be great to get a steer on this while I still have a few business days remaining before my appointment to pull together any additional/required material.

Thanks!!

[xcrogers]

I applied for a Tier 2 General visa for 5 years, it is my understanding that i would owe an amount of £200/year for a total of £1000. Which I was/am prepared to and willing to pay.

However, either some error on my part while filling out the online form or an internal glitch the IHS surcharge form noted I had a zero amount due with my visa application (amount due isn't shown till the end of the online form/once submitted) and you cant go back and change.

I emailed and called both the VFS office AND UKVI trying to alert them to the possible error before my visa was reviewed but it seems that didn't/hasn't yet happened. The agent I spoke to agreed that i should have paid something and that the actual person reviewing the visa would most likely flag it and send out a payment link for me to pay the missed amount.

My Visa has since been reviewed and approved and I now have my passport back with my entry stamp. I never received any request for additional payment. I'm trying to figure out (still emailing the UKVI helpdesk and noting the reference number on the help ticket) to figure out how I can pay.

I imagine that UKVI reviewed my IHS number and would have seen that I didn't pay any surcharge and immediately notified me rather than approving my visa. Am I all set and should just stop asking about it or is this something that will cause big problems down the road. I don't want such a 'small' thing to bite me down the road.

Is it possible that since I was previously a Tier 2 ICT dependent in the UK that the surcharge isnt required for my application?

Thank you