Help Please!

[Mehreen]

Hi

I really appreciate any help received on this forum multiple times.

I have received my ILR thanks to this forum.

Have a query regarding my brother, if anyone can offer advice, please.

He is working in the NHS since Dec2016 on a Tier-2 visa and has 3 dependents. Now he is intending to change his employer starting from August 2018. Have the following queries:

1. Does he have to "extend" or "switch" his visa to get a new Tier 2?

2. I understand his dependents don't have to apply with him necessarily but will need to renew once their leave is about to expire. Will their next leave be granted until his visa validity? That will be Aug 2021....which will leave them 4 months short for ILR. Will they have to apply again for a Tier-2 visa with a new employer(because his training finishes in 3 years) if he manages to get a new job?

What is the best thing you'd advise? Should the dependents re-apply with him now?

[aja]

1. Does he have to "extend" or "switch" his visa to get a new Tier 2?

Changing employers is a Switch, will need a new COS from the new employer.

2. I understand his dependents don't have to apply with him necessarily but will need to renew once their leave is about to expire. Will their next leave be granted until his visa validity? That will be Aug 2021....which will leave them 4 months short for ILR. Will they have to apply again for a Tier-2 visa with a new employer(because his training finishes in 3 years) if he manages to get a new job?

The leave of dependents are always granted in line with the leave of main applicant. If the dependents fall short of the 5 year period for ilr, they will have to extend to make up for the shortage.

[Mehreen]

Apparently, he can't switch so it's an extension of the visa.... because it is still a Tier-2 visa.


The weird thing is he called the home office thrice to ask if his dependents need to reapply for the visa... They said No twice and Yes once. So we're still not sure which is the right thing to do.

Does anyone know for sure that the dependents don't need to reapply?

Thanks in advance.

[CR001]

He is 'switching' employers but it is an 'extension' on Tier 2.

Dependents DO NOT have to apply with him to 'change' visas. They can continue on their visas and extend shortly before expiry. See link below.

uk-tier-2-employer-sponsored-visas/when ... 98586.html

[Mehreen]

Thank you very much for your reply