Tier II General Visa Switching from dependent to Main

[shrikantK]

Hello People,

SOS PLEASE!

I (an Indian citizen), entered UK in June 2015 on dependent General Tier II visa on my wife's Tier II General visa. Somehow we got visa till April 2018, although my wife's contract was till Jan 2017. She completed this and now out off work, meanwhile I got a well sponsored job from April 2017 till March 2019. I haven't switched to Main General Tier II yet, since I was planning to do is early next year.

But now my wife has received a 'curtailment to leave' order saying- due to lack of job her visa has been curtailed and she cant stay here after 31st Nov. 2017. Now I need to switch to General Tier II and then my wife can apply for dependent status.

Please guide me- 1. Am I eligible to switch from dependent to main General tier II ? 2. If yes, do I need to leave UK?
Can my wife submit her application at the same time as me? Or should she wait till I get my Main Visa?

And finally we have paid fees till April 2018, but if I apply now, I will need to pay from today till March 2019. Is there any way that they will consider that we have paid (NHS and all about £600/year/person) till April 2018?.

Reply soon you kind people.
Bests,
Shri

[CR001]

meanwhile I got a well sponsored job from April 2017 till March 2019

What exactly do you mean by 'well sponsored job'??

Please guide me- 1. Am I eligible to switch from dependent to main General tier II ? 2. If yes, do I need to leave UK?

Is your employer an HO approved sponsor? Full and proper RLMT process will need to be done to prove you have not been 'pre-selected' before they can issue a CoS. You are aware that the salary is £30,000 for new applications if the SOC salary is less than this? You can only apply from home country.

Can my wife submit her application at the same time as me? Or should she wait till I get my Main Visa?

Yes she can if applying from home country. If she stays in the UK, she has to wait for your visa and for you to return to the UK.

And finally we have paid fees till April 2018, but if I apply now, I will need to pay from today till March 2019. Is there any way that they will consider that we have paid (NHS and all about £600/year/person) till April 2018?.

No they won't. You have to pay the full IHS fee again with each application that is made.

[shrikantK]

Thank you so very much!

Hello

meanwhile I got a well sponsored job from April 2017 till March 2019

What exactly do you mean by 'well sponsored job'??
-- I mean my employer is a college-which is premium sponsor and ready to support me.

Please guide me- 1. Am I eligible to switch from dependent to main General tier II ? 2. If yes, do I need to leave UK?

Is your employer an HO approved sponsor? Full and proper RLMT process will need to be done to prove you have not been 'pre-selected' before they can issue a CoS. You are aware that the salary is £30,000 for new applications if the SOC salary is less than this? You can only apply from home country.

--Sorry I didn't get your comment completely. My salary is higher than 35K. Still I need to go back to India for application?

Can my wife submit her application at the same time as me? Or should she wait till I get my Main Visa?

Yes she can if applying from home country. If she stays in the UK, she has to wait for your visa and for you to return to the UK.
--Is there any way that we apply from any other EU country? We got family in Norway and can stay there for few weeks if needed?

And finally we have paid fees till April 2018, but if I apply now, I will need to pay from today till March 2019. Is there any way that they will consider that we have paid (NHS and all about £600/year/person) till April 2018?.

No they won't. You have to pay the full IHS fee again with each application that is made.

[CR001]

-- I mean my employer is a college-which is premium sponsor and ready to support me.

I have edited out who your employer is. Please refrain from naming companies. What would your SOC be if they sponsored your visa?

--Sorry I didn't get your comment completely. My salary is higher than 35K. Still I need to go back to India for application?

Don't worry about my comment then. The minimum threshold for new T2G used to be £25K, HO increased it to minimum £30k earlier this year.

--Is there any way that we apply from any other EU country? We got family in Norway and can stay there for few weeks if needed?

You can only apply in a country where you have legal residence, i.e. not as a visitor.

[shrikantK]

Thank you dear!

-- I mean my employer is a college-which is premium sponsor and ready to support me.

I have edited out who your employer is. Please refrain from naming companies. What would your SOC be if they sponsored your visa?
-- Thank you for editing it...I didn't know. will take care on-words. I think I will get 'Unrestricted Certificates of Sponsorship'. That's all I know so far.

--Sorry I didn't get your comment completely. My salary is higher than 35K. Still I need to go back to India for application?

Don't worry about my comment then. The minimum threshold for new T2G used to be £25K, HO increased it to minimum £30k earlier this year.

--sorry for being so ignorant and asking you same clarification again. But Do you mean that I can apply from UK itself ?

--Is there any way that we apply from any other EU country? We got family in Norway and can stay there for few weeks if needed?

You can only apply in a country where you have legal residence, i.e. not as a visitor.
---No, I am not resident of any other country except UK.

[CR001]

-- Thank you for editing it...I didn't know. will take care on-words. I think I will get 'Unrestricted Certificates of Sponsorship'. That's all I know so far.

For applications outside the UK, you need a restricted CoS as far as I am aware.
https://www.gov.uk/uk-visa-sponsorship- ... rtificates

Restricted certificates
These are for:
Tier 2 (General) workers currently abroad who’ll be paid less than £159,600 a year and aren’t in an inward investment post
family members (dependants) of Tier 4 migrants who are switching to a Tier 2 visa
You must apply for restricted certificates for these workers through the sponsorship management system (SMS). You’ll get access to this when you get your licence.

There’s a limited number of restricted certificates available each month. Each application is assessed using a points system - you can see how the system works in the Immigration Rules appendix A.

--sorry for being so ignorant and asking you same clarification again. But Do you mean that I can apply from UK itself ?

You earn more than the minimum, so the level of salary you require depends of the SOC for your job. SOC is different to a COS. NO, you cannot apply within the UK, you must apply from home country.

---No, I am not resident of any other country except UK.

You are a legal resident in your home country for which you hold a passport, that is where you need to apply. What I meant is that you cannot apply in a country where you DO NOT have legal residence. This doesn't change the fact that you cannot apply in the UK.

[shrikantK]

Thank you!

Just learned that I need to apply for fresh General Tier II visa.

Just wondering for this fresh start do I need to leave UK?

Thanks!

[CR001]

Just learned that I need to apply for fresh General Tier II visa.

Just wondering for this fresh start do I need to leave UK?

Not sure what in my responses is not clear. As a PBS Dependent applying for a Tier 2 General, you only have ONE option and that is to apply from your home country for a new entry clearance visa. You are not 'switching' nor are you 'extending' your current dependent visa.

[shrikantK]

Thank you CR!

I understood now and have already started collecting documents for General tier 2 visa application at my home country (IND). I will be getting "Restricted CoS" from my employer. I have couple of que. if you could kindly answer-
1. My wife (on whose I am dependent at the moment), will need to apply for dependent visa on me, once I get mine. I think she can do this application from UK itself. Isn't it?

2. We both are looking to apply for ILR in future. So are these switches from dependent to independent (and vice) going to affect our 5 year stay period? Or it doesn't matter which visa- only 5 year residency matters? Whats the rule?

Thank you soooo much for your help!

[CR001]

1. My wife (on whose I am dependent at the moment), will need to apply for dependent visa on me, once I get mine. I think she can do this application from UK itself. Isn't it?

She can apply to switch to PBS dependent within the UK once you have returned.

2. We both are looking to apply for ILR in future. So are these switches from dependent to independent (and vice) going to affect our 5 year stay period? Or it doesn't matter which visa- only 5 year residency matters? Whats the rule?

Every time you switch from Tier 2 Main to Tier 2 dependent, your clock towards ILR based on 5 years residence is reset to zero and a new 5 years residence requirement.

To qualify for ILR based on 5 years residence you must have EITHER 5 years as Tier 2 main visa holder or 5 years a Tier 2 dependent. You cannot combine the different visa categories to make up 5 years.

[shrikantK]

Its good that my wife can apply form here.

But its horrible that we will have to restart for this 5 year residency perid. Is there any other way here? Somehow this period we have spent (more than 2 years) can be counted for ILR?

[shrikantK]

Forgot to write thank you for your quick responses. You been amazingly helpful in this trouble time for me!

[CR001]

Is there any other way here? Somehow this period we have spent (more than 2 years) can be counted for ILR?

No there is not. The only way existing time spent will count is for ILR based on 10 years long residence.

[shrikantK]

Thank you!
I am preparing my application at the same time waiting for CoS.

Meanwhile, on the first page of application I saw two choices as-
1. General Migrant up to 3 years OR
2. General Migrant up to 5 years?

I guess I'll be getting CoS till end of March 2019 (another 18 months), so should I apply for option 1 or 2 ?

In case if I go for 2.(5 year visa), will I be able to get the visa for that long and stay here in UK without any problem? Or will they curtail me once I leave this job (as it happened in my wife's case)?

[CR001]

You can only select the option once you have the CoS and see what length the CoS has been issued for.

If you apply for a 5 year visa with a CoS for 5 years, if you do leave your employer your visa will be curtailed/cancelled and you will have to find another sponsor again and apply for a tier 2 general again.

[shrikantK]

Thanks dear!

Please guide me. I have been stuck at 'Points Claimed' stage-

Points Claimed:

Please Select Category you are applying for- {I selected Tier 2 Category...but then I dont know what to write on following questions}

Certificate of Sponsorship (shortage occupation)
Certificate of Sponsorship (resident labour market test)
Certificate of Sponsorship (job offer with salary of £159,600 or more)

Appropriate Salary: {I added my salary from the contract}

English language: {I have UK equivalent degree (PhD), but not certified from UK NARIC. Do I need to get this equivalency from UK NARIC or just having degree & attaching degree certificate is suffice?}

Maintenance: {I'm writing 'Self supported' is it ok?}

Total Total Points you are claiming: {I couldn't calculate them, cause PBS calculator says the rules have been changed since April 2016. What should I mention here?

Please help! Thanks in advance!

[iworker]

1 Ask your sponsor to tell u if the job is in shortage occupation or not. If not, and if the salary is below £159k, select second option.. hoping that employer will have done a proper rlmt as that is a requirement.
2 ok
3 u need either english language test, or u need naric. Just cos u have phd, doesnt mean u qualify. Make sure u dont get carried away and apply as that will lead to rejection.
4 yes if u have 90 days statement showing £945 min (for yourself only and no dependents).
5. read guidance for numbers
https://www.gov.uk/government/uploads/s ... _04_17.pdf

[shrikantK]

Thanks iworker...appreciate that!

1. My employer have done this RLMT, so I'll choose second option, thanks!
2.ok!
3. I Have successfully passed TOEIC (Test of English for International Communications certificate) in 2009, would that work now ?
And although I am applying for new Generel Tier 2 VISA, I already have General Tier 2 Dependent VISA since June 2015, does this count as "further leave to remain application"? If yes then according to Part 6- 142 (page 36), can I be excluded from this English language skills?
[142.You must score 10 points for your English language skills, unless you are applying for entry
clearance or further leave to remain under Tier 2 (Intra-Company Transfer)]

I am afraid I am very short on time for UK NARIC, hence looking in to other options...in worst case I'll go for it.
Thanks again for your help.

[CR001]

3. I Have successfully passed TOEIC (Test of English for International Communications certificate) in 2009, would that work now ?

TOEIC is not acceptable and I would strongly suggest you DO NOT use this as proof of your English due to the ETS scam involving TOEIC. See this link for the exposed scam (click). If I were you, I would not even mention TOEIC.

And although I am applying for new Generel Tier 2 VISA, I already have General Tier 2 Dependent VISA since June 2015, does this count as "further leave to remain application"? If yes then according to Part 6- 142 (page 36), can I be excluded from this English language skills?
[142.You must score 10 points for your English language skills, unless you are applying for entry
clearance or further leave to remain under Tier 2 (Intra-Company Transfer)]

No, you are not applying for 'further leave to remain' which is an application that can only be made within the UK. You are applying for a new entry clearance visa in a different category and you must meet all of the requirements. You are not applying for Tier 2 ICT.

[shrikantK]

Thank you CR001, that was highly valuable info.!

[shrikantK]

Thanks again!

I am finalizing UK NARIC application, just not sure which one to select:
1.Statement of Comparability or 2.English Language Assessment or 3. Visa and Nationality service.
If I choose the first one, I'll get sort of equivalency for my degrees with UK degrees and that will prove that "I hold a degree that was taught or researched in English which must be equivalent to a UK Bachelors degree or above". Isn't it?
I'd prefer this one cause I can use this equivalency for other purposes as well.

Secondly, in case if my visa is not ready till my wife's visa expire (30 Oct), will she be able to apply for visa within the UK with whatever documents we can produce (such as our bank statements, my CoS, may be a letter from my employer and receipt of application to my VISA)? (she is switching from Main applicant to dependent on me). Or she must wait for my VISA or apply with me?

Cheers!

[shrikantK]

Hello there,

Is it possible for me and my wife to apply together but she'll apply in UK and I in my home country in India?

[CR001]

No. She can only apply for a dependent visa once your visa from home country has been granted and you are back in the UK.

[shrikantK]

Hello CR, Thank you for your reply.

We are now thinking to apply together for both of us in India.
Just wanted to know which one is better-
1. Apply together in India or
2. I get my VISA from India and she apply here itself later on.

Which option is better in leading to get both visas successfully? Or does it matter for the outcome?

Thanks in advance!

[shrikantK]

Hello there,

Quick queries:

1. Does the location of application matter? Which one is better a) applying together or b) applying wife's dependent visa after I get my own general tier 2

and 2. Would it be enough to get only "Statement of comparability" from UK NARIC rather than English assessment or Visa and Nationality services?
They say on the website that- 'hold a degree that was taught or researched in English which must be equivalent to a UK Bachelors degree or above'.

Please guide...almost at the last stage of application! Thanks in adv!