switching to tier 2 main from tier 1 dependent

[awaitingILR]

Hi,

Please can someone advise,

I am a tier 1 dependent, my husband applied for ILR along with my visa extention in June 2016.

I want to get my visa category changed to tier 2 main applicant, my employer has agreed to sponser me and will soon start the process of job advertising etc

My concerns are :

- Is RLMT only the process of advertising the jobs at 2 places? once COS is received how does the visa gets rejected based on failed RLMT? does HO make additional checks at their end?

- Does there need to be a gap between when i leave the company and go back to home country and when i apply for tier 2?

- Do i need to give a reason to HO for getting my application withdrawn and joining back the same employer?
As they can see my last salary from the same employer in the bank statements?

Looking forward to suggestions please.

[CR001]

Has your husband ILR and your extension been approved or are you still waiting?

[awaitingILR]

Sorry, No we are still waiting for results.

[CR001]

I want to get my visa category changed to tier 2 main applicant, my employer has agreed to sponser me and will soon start the process of job advertising etc

How long have you worked for your employer and is your job a NQF6 level job? Roughly what is you current salary and SOC code the employer plans to use?

- Is RLMT only the process of advertising the jobs at 2 places? once COS is received how does the visa gets rejected based on failed RLMT? does HO make additional checks at their end?

Yes they do. Your employer has to prove you have not been 'pre-selected' and that there is no ILR/BC or EU citizen suitable for the job. HO will also want to be sure the RLMT has not been tailored to suit you and thereby exclude anyone else. HO can ask for lists of all applicants, CVs, interview notes and reasons why no one else was suitable.

- Does there need to be a gap between when i leave the company and go back to home country and when i apply for tier 2?

No.

- Do i need to give a reason to HO for getting my application withdrawn and joining back the same employer?
As they can see my last salary from the same employer in the bank statements?

No but as you work for the sponsor, HO will want to be sure you have not been pre-selected.

Assuming your last visa expired in June 2016 when your husbands Tier 1 G expired, the minute you withdraw your application you are an overstayer from the date your visa expired. You also likely won't get your passport back, which will be given to you at the airport on departure.

[awaitingILR]

Thanku so much for your replies.

I have been with my employer for 2 and half years now, i am not sure about the SOC code as they have not told me yet, looks like it will be 2139, (https://www.gov.uk/government/uploads/s ... actise.pdf )

The salary needs to be at least 30k or higher right?

This means that they check the pre-selected bit after issuing the COS, the British embassy in the home country will do these checks?

I am in two minds, the pre-selected part can be very tricky.

[CR001]

The link you have provided is from 2012. Always better to use the most recent SOC list on HO's website.

https://www.gov.uk/guidance/immigration ... illed-work

You need a minimum salary of £30k yes.

UKVI will make the necessary checks that they feel are required.

[awaitingILR]

Thanks for the latest link and your time CR001.

Will get in touch in nearer time.

[CR001]

You're welcome. Feel free to continue asking any questions in this topic should you have more.