Tier 2 main member switching to dependent

[Hasmita]

Hi there

I am currently on a Tier 2 employer sponsored visa (main member) and my husband is on a dependent visa.

I am now looking to leave my job. His company is willing to sponsor his visa, and I want to therefore switch to being a dependent of his visa.

2 questions:
Do either of us need to leave the Uk to make this switch?
Will our 2 years in the U.K. So far be reset to zero for our ILR?

Thanks a lot
Hasmita

[CR001]

Do either of us need to leave the Uk to make this switch?

Your spouse has to apply from her home country. The full RLMT process must be completed before she can be issued a CoS and it is very important to do it properly to prove your spouse is not 'pre-selected'. She also must get a salary of minimum £30,000pa.

Will our 2 years in the U.K. So far be reset to zero for our ILR?

Both of your clocks will be resent to zero for ILR based on 5 years residence.

[Hasmita]

thank you.
How would you suggest I time things?
I can resign now and serve 3 months notice, meaning both our visas would be void in 3 months.

Can he start the process for a Tier 2 general visa now, while still on his dependent visa? (Ie go to his home country next month to start the process, then return to the UK on the dependent visa)?

[CR001]

How would you suggest I time things?

Your partners' employer needs to do the full and proper RLMT process first to prove to HO that there are no settled/British or EU citizens suitable for the job. The job adverts (on two sites) cannot be made so difficult so as to favour only your partner and exclude everyone else. You don't state what job (title) your partner does??

I can resign now and serve 3 months notice, meaning both our visas would be void in 3 months.

I would strongly suggest you do NOT resign until you know for sure your spouse has a Tier 2 General visa. Curtailment DOES NOT happen so fast.

Can he start the process for a Tier 2 general visa now, while still on his dependent visa? (Ie go to his home country next month to start the process, then return to the UK on the dependent visa)?

Once the CoS is issued AFTER the whole RLMT process (must be done for 28 days), then your partner can return to home country and MUST apply from there. Your partner will not be able to return to the UK during this process. Once your partner is successful in getting a Tier 2 General, they return to the UK and you can then apply for a Tier 2 dependent visa.