Switching from Tier-2 Dependent Visa to Tier-2.

[Live-n-Let-live]

My wife was on Tier-4 Visa and completed her PhD from a Uni in the UK and I was on her dependent visa i-e Tier-4 Dependent Visa. After sometime I got a job and got my Tier-2 Visa sponsored by an A-rated sponsor and later on she also switched from Tier-4 to Tier-2 dependent visa.

Now she is likely to get a job as Doctor in training for which she will be sponsored by one of the NHS trusts. And since her current visa has restrictions of " No work as Dentist or Doctor in Training" . She would need a tier-2 of her own. My questions are:

1- Would she be able to switch to Tier-2 from Tier-2 Dependent without having to go back to Home country to make an application.

2- And if she has to go to home country to make Tier-2 application, would this be considered as a period of discontinuity if she plans to apply for ILR on 10 years route(though her visa is still valid for another 8 months).

3- Would she be exempt from RLMT being a graduate from the UK Uni.

Thanks

[CR001]

1. No, she must apply from home country.

2. Not if she is away for less than 180 days.

3. Possibly not as she is not changing to Tier 2 from Tier 4.

[Live-n-Let-live]

Thanks for prompt reply.

1- If her Visa application gets rejected from home country, would her existing visa i-e Tier-2 Dependent prevail and would she still be able to return to the UK as my dependent?

2- Ok

3- Its quite unclear as per UKVI guidance as it also says something like IF THEIR LAST VISA WAS TIER-4. Hers was Tier-4 prior to this one(tier-2 dep) ?

Many thanks.

[CR001]

1. No, her current dependent visa will not be cancelled if her Tier 2 General application is refused.

3. Her sponsor will likely be required to meet the RLMT.

[Live-n-Let-live]

Thanks, could you please comment regarding her RLMT exemption and Visa application from within UK in the light of the following references from UKVI guidance;

As per Tier 2_5 Sponsor guidance

28.8 You do not have to carry out a resident labour market test if a migrant you
want to sponsor is already in the UK and is applying to switch into Tier 2
(General) leave and has, or was last granted leave to enter, or to remain in,
the UK under one of the following:
• Tier 1 (Post-Study Work)
• Tier 1 (Graduate Entrepreneur)
• the International Graduates Scheme
• the Fresh Talent Working in Scotland Scheme
• the Science and Engineering Graduates Scheme
• where they have, or were last granted, leave as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave,
that includes their last grant of leave, they have received final results
confirming they have either:
o passed and will be (or have been) awarded a UK recognised
bachelor’s or master’s degree or
o passed and will be (or have been) awarded a UK Postgraduate
Certificate in Education or
o passed and will be (or have been) awarded a Professional Graduate
Diploma of Education or
o finished a minimum of 12 months study in the UK towards a UK PhD

=================================
As per Tier 2 policy guidance:

Resident labour market exemptions

Tier 4 students
113. You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have or were last granted entry clearance, leave to
enter or remain as a Tier 4 migrant

=============================================
As per Tier 2 policy guidance:

Switching
16. You can apply from inside the UK if you have, or were last granted, leave in one of the
categories listed in the table below:
Switching into
Tier 2 (General),
Tier 2 (Sportsperson) and
Tier 2 (Minister of
Religion)
• Any Tier 1 main applicant;
• Any Tier 2 main applicant1;
• Tier 4 student2;

[CR001]

She doesn't currently hold a Tier 4 visa and she cannot switch within the UK on her current dependent visa. She has to apply from home country which is not a 'switch' but a new entry clearance visa.