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Switch from Tier 2 (general) to Tier 2 (dependent) & back?

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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Mia_mt
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Switch from Tier 2 (general) to Tier 2 (dependent) & back?

Post by Mia_mt » Sun May 14, 2017 6:22 pm

Hi all, I am currently on a Tier 2 (general) visa and have been made redundant with a ~1 month notice. :shock: :oops: :? :cry:
I have been interviewing with other companies, and a couple of them are eager to make offers, but are also trying to make sense of the visa processes. One of them is currently not capable of offering a COS and the other has only just started the application process to become a sponsor, which I believe takes 12 weeks to go through.

My spouse also currently holds a Tier 2 (general) and I can switch to a dependent visa. However, I have spent 3 years on the Tier 2 (general) and am not looking forward to restarting my ILR clock. I also do not want to put pressure on his visa status and take away his freedom to quit his job just because of me. (PS not that it is relevant here but I believe 'equality' is an issue both men & women must consider seriously)

I'm trying to weigh my options and I was wondering if anyone can help with the following questions -

1. What is the time frame that a company has to report a redundancy to the HO?
2. I understand that once the HO has been informed, I will receive a curtailment letter which is usually 60 days from the date of issue, correct?
3. Can I make an application to switch my COS to a new company during this curtailment period? There is some suggestion that one will have to make an entirely new Tier 2 general application if making it after the curtailment period has started, is this correct??
4. Can I apply for a PBS dependent after the curtailment period has started?
5. Can I take the new job as a PBS dependent and then apply to switch to a Tier 2 (general) once the company's sponsor status has been confirmed? What are the possibilities in this regard?
6. Is there a possibility to apply for a Tier1 (exceptional talent) when on leave as a Tier2 (PBS dependent)?

Are there places this information can be found online on the UKBA website?

Thanks in advance to anyone who can help!! :)

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CR001
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Re: Switch from Tier 2 (general) to Tier 2 (dependent) & bac

Post by CR001 » Sun May 14, 2017 7:47 pm

1. What is the time frame that a company has to report a redundancy to the HO?
Within 10 days of the date your employment is terminated and you leave.
2. I understand that once the HO has been informed, I will receive a curtailment letter which is usually 60 days from the date of issue, correct?
Correct. It can take a few months for you to get the letter.
3. Can I make an application to switch my COS to a new company during this curtailment period? There is some suggestion that one will have to make an entirely new Tier 2 general application if making it after the curtailment period has started, is this correct??
You cannot 'switch your COS'. You have to make a new application with a new sponsor and a new COS.
4. Can I apply for a PBS dependent after the curtailment period has started?
Yes.
5. Can I take the new job as a PBS dependent and then apply to switch to a Tier 2 (general) once the company's sponsor status has been confirmed? What are the possibilities in this regard?
Yes, but you have to wait a full 12 months on PBS Dependent visa before you can apply for a new Tier 2 General from your home country.
6. Is there a possibility to apply for a Tier1 (exceptional talent) when on leave as a Tier2 (PBS dependent)?
Yes, if you meet the requirements and get an endorsement. Recent refusal of first stage endorsement reported.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rubyracer2
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Re: Switch from Tier 2 (general) to Tier 2 (dependent) & bac

Post by rubyracer2 » Sun May 14, 2017 9:24 pm

Keep in mind that your clock will anyway get reset if there is a 60 day gap between day of leaving last job and making fresh leave application

Mia_mt
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Re: Switch from Tier 2 (general) to Tier 2 (dependent) & bac

Post by Mia_mt » Mon May 15, 2017 10:30 am

Thanks for your replies!
rubyracer2 wrote:Keep in mind that your clock will anyway get reset if there is a 60 day gap between day of leaving last job and making fresh leave application
@rubyracer2 - Does this mean that the clock for ILR will not get reset if I am able to make another leave application before the 60 days period?
Does the 60 day period start on my last official working day or when my employer informs the HO?

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CR001
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Re: Switch from Tier 2 (general) to Tier 2 (dependent) & bac

Post by CR001 » Mon May 15, 2017 1:55 pm

Mia_mt wrote:@rubyracer2 - Does this mean that the clock for ILR will not get reset if I am able to make another leave application before the 60 days period?
Does the 60 day period start on my last official working day or when my employer informs the HO?
If you apply for a Tier 2 General within 60 days of your last day with your current employment, it won't affect your ILR.

Resetting is irrelevant for this particular point as you cannot be on Tier 2 General for more than 6 years anyway.
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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