Tier 2 Dependant to Tier 2 General

[Sunshine1212122]

Hi

I had a few queries on tier 2 G and tier 2 Dependent visas with regards to my situation. Can any one of you help me please

My tier 2 G visa has been cancelled last month( received June 2011) and I have to leave the country this month end. In the mean time my wife's company has agreed to do her sponsorship. Shes been working there for a year.
She was my dependent, I believe she requires Restricted COS and has to apply from India ?

Since they weren't able to apply before 5th of this month, unfortunately we both have to leave UK and wait for the next Restricted COS cycle to kick in when we hope they will apply for her COS.
Should we get any documentation/authorization etc from her company before we leave ?
Can she show her UK account for maintenance ?
Once she gets the COS via email can i apply to be her dependent at the same time she applies for tier 2 G from India ?

A company here is happy to do the sponsorship for me but have to do RLMT first, so Is there a cooling off period for me once I leave the country to apply for Tier 2 G from India to come back and work for them ?

If i do have a cooling period, can I come back as a student to do masters/phd for example straightaway ?

I am over 8 years in UK legally and ideally could apply for ILR once I complete 10 yrs, will this out of application break my continuous stay rule ?
If it doesnt break and if I am eligible to apply will my wife also get ILR or does it depend on the person individually to have been here 10 yrs ?

Thank you for looking into my case and looking forward to hear from you at the earliest.

Kind regards

[iworker]

Have you received a letter from UKBA curtailing your visa? If yes, what is the date of the new end date of the visa.
Your wife has to apply from india in all cases, and when she does, you can apply with her. She will need a restricted COS and can show the bank statement from UK bank account. (she will need 1500 for herself and you).

You dont have a cooling off period (someone else to confirm) and can come back on student visa as well, or can apply for that visa within uk.
Also if your visa has still not been curtailed, u can stay in uk, your wife can go to india and get a new visa, and come back and you can switch from your existing visa to tier 2 dependent within country.

[iworker]

Sorry, i meant to say, ou will have a cooling off period if you leave the country. But you can still apply as a dependent.

[Sunshine1212122]

Appreciate your quick response iworker.

I have received the letter from home office curtailing my visa this month end, so unfortunately we have to leave the country and wait till the Restricted COS kicks in next month. If you are CERTAIN that I can apply as her dependant at the same time she applies for Tier 2 in India then its not a problem, it's CONFIRMED right ? I want to stay here legally and complete my 10 years for ILR.

Should we get any documentation/authorization etc from her company before we leave ?

Just in case if my wife's visa falls through, do you know how long is the cooling off period for me ? from your reply I understand I can come back as a student but if a company is happy to sponsor Tier 2 G can I come back ?

I am over 8 years in UK legally, will this short stint outside break my continuous stay rule ?

If it doesnt break and if I am eligible to apply will my wife also get ILR or does it depend on the person individually to have been here 10 yrs ?

Thanks again for looking into my case.

Kind regards

[iworker]

yes this is certain that u can apply at the same time as of wife applied for entry clearence in india.

No documentation required from company. Has your wife done a degree in UK or has IELTS to conform to enlish language requirement? if not better get that done sooner rather than later.

Cooling off period is 1 year. But i would like someone else to confirm this and that it rightly applied in ur case. If it does, u cant come back on another tier 2 for a year.

I would have thought if u leave uk and ur leave has expired as well, then the continuous stay should break. however, there might be a concession that i am not aware of.

This is really tricky one. Suppose if your 10 year stay is not broken and u become a dependent on ur wife visa, u would be able to get ILR after 10 years, but ur wife would get ilr either after 5 years continuous stay on her own tier 2, or if she becomes ur dependent after ur ilr than 5 years after being on that visa, or if she completes her 10 years stay. This is again, according to current rules, which might change in future.

[Sunshine1212122]

Thanks again for your inputs iworker.

If I can apply along with her it sounds good.

I just assumed she doesnt need english test since she was working for the company for a year. She doesnt hold any UK degree/IELTS but masters from India. Is there a way to check its validity ? Can IELTS be done here which can be made use back home when she applies for T2G ? If so can you give me a bit more detail on what exactly she has to do ? Academic /general ?

I assume In India we have to apply via https://www.visa4uk.fco.gov.uk/ ?
Is there a priority service in India to apply for T2G ? cost ?
should TB tests be done for both of us from the approved clinics ?

I guess other than these, other documents you need are passport, photos,bank statements,marriage certificate and Restricted COS for the final application ? book the appointment, get biometrics done and wait for the good news ?

Thanks once again.

Kind regards

[iworker]

She can check on points system online if her degree is accepted by UKBA. if it is accepted, then she needs a letter rom uni stating that all courses were taought in english.. if the uni is not on ukba system, then she will have to give the test.

No tb test req as u will be returning residents.
i have no info about india.
I would recomend take some proof of address from uk which shows that u were living together.

[Sunshine1212122]

thank you for your help Iworker