Tier 2 General from Tier 2 dependent

[nusur77]

Hi,
i am currently working in UK on a Tier -2 dependent visa. My current employer has agreed to sponsor my Tier -2 general Visa. I have following questions:

• As long as I have right to work in UK (My dependent visa is valid for 3 years) I should be able to file for a tier -2 general visa from India while maintaining employed status with my current employer. Is this correct? My employer is a multi national organization and they have agreed to sponsor me

• I do not need any cool-off period to be able to apply for Tier-2 general. Is this also correct?

Please let me know. I hope I have not missed anything.

Thanks,

[CR001]

As long as I have right to work in UK (My dependent visa is valid for 3 years) I should be able to file for a tier -2 general visa from India while maintaining employed status with my current employer. Is this correct? My employer is a multi national organization and they have agreed to sponsor me

Correct. Assuming of course your employer has completed the full and proper RLMT process to prove you are not 'pre-selected'.

I do not need any cool-off period to be able to apply for Tier-2 general. Is this also correct?

There is no cooling off period for PBS dependent changing to tier 2 general.

How long have you been a Tier 2 dependent?

Changing visas will reset your clock to zero for ILR based on 5 years residence.

[nusur77]

Hi, thank you for replying.
That is Ok. We are not eligible to file for ILR as of now as my husband is a Tier -2 ICT visa.
What is RMLT process?

[CR001]

What is RMLT process?

RLMT = Resident Labour Market Test - to prove there is no British/EU or settled (ILR) person in the UK who could do the job.

Is your SOC on the shortage occupation list?? What is the SOC they are offering?

You also have to paid at least £30k p.a. or if the lowest amount in the SOC is higher, then the higher amount.

[nusur77]

HI, Thank you again for your response on this.
Now my employer is saying NO to sponsoring my visa. Their argument is that 1. I already have a right to work in UK due to my dependent visa being valid for another few years. 2. They are citing difficulty of RLMT process. They say it will be difficult for them to prove that no settled worker could be found for my position since I am already working in that position since last year with a right to work in UK.

My questions is is there a way I can argue with them on this? I agree that rules need to be followed but if what they are saying is actually true, then no employer should be able to file a Tier-2 general for their employee unless they were highly skilled like a PhD. But this still happens. Employers do file a Tier 2 general for their employees who need it. So is there a way I can convince my employer to file for me?

I know it may be a difficult, bureaucratic question I am asking but this is really important to me right now.
Please share your thoughts.

Thanks,

[CR001]

This is something you would need to address with your employer. We cannot tell you what to do or how to do it. If they don't wish to sponsor you, then there is nothing you can do.

What is the job that you do?

They clearly realise the difficulty if your job is one that many could do who are settled or EU citizens.

It is always more difficult to get sponsorship when you are already employed and they have to do a lot to prove you are not 'pre-selected' for the job.