T1 defendant to T2 General within the UK

[daeijan]

Hi everyone,

Me and my fiance are currently work and live in the UK under T1 entrepreneur Visa (50K). I am the main visa holder and my fiance is dependent on me.

If my fiance gets a job offer with sponsorship, would it be possible for her to switch from T1 dependent to T2 General within the UK? And can I switch from T1 entrepreneur to T2 dependent in the UK too?

Thanks

[svasu]

Hi Daeijan,

your fiance currently on a dependant visa cannot switch to Tier 2 (general) while living in the UK. This application has to be submitted from your home country as an entry clearence application.
I am not sure whether it would be possible for you to switch to a dependant visa, gurus in the forum may answer to your question.

Regards,

Svasu

[daeijan]

Hey all,

I am currently on tier 1 Dependant visa and planning to switch to tier 2 general. Sadly my husband can not extend his visa under Tier 1 Entrepreneur as he did not invest the 50K in the past 3 years and can not meet the other requirements either.

I have number of question and I hope you guys can help me!

Current situation:
-I've started my job 3 month ago.
-my current employer has certificate of sponsorship (A rated)
-my job and my salary are fine (NQF level 6 or above)

My employer said they perform RLMT for 28 days, and if they couldn't find a suitable candidate to replace me, they will ask for CoS.

now my question are:
-if my employer couldn't fine anyone, can I go back to my home country and apply for Tier 2 General?
-can my husband for dependant at the same time?
-should I (re)apply for my (current) job during the RLMT?
-what about interview process? should my current employer (re)interview me again for the position?
-what about my employment status? should I resign from my job before I go back to my home country to apply for visa?

I've heard some cases has been rejected because of appendix A paragraph 78 : (I am not satisfied that your sponsor has met the resident labour market test requirements as required by appendix A paragraph 78.)

do you have any advice to help me to avoid this kind of situations?

I am so confused and l hope you guys can help me.

Many thanks

[karthiyegga]

Am in the same situation as yours. Any updates please?

[daeijan]

Nothing yet! still waiting, have you spoken to any solicitor about it?

Am in the same situation as yours. Any updates please?

[karthiyegga]

Not yet. Hoping any experts in forum might help before doing so. Thanks

[raghu.raju457]

Hi All

My employer said they perform RLMT for 28 days, and if they couldn't find a suitable candidate to replace me, they will ask for CoS.

Your Sponsor need to apply for Restricted COS (See Policy Guidance for this)

now my question are:
-if my employer couldn't fine anyone, can I go back to my home country and apply for Tier 2 General?
Yes you can but before they need to Restricted COS and assign to you.
-can my husband for dependant at the same time?
Your husband can switch inside the UK once you achieve your entry clearance if he still have valid visa
-should I (re)apply for my (current) job during the RLMT?
No you don't need to re apply
-what about interview process? should my current employer (re)interview me again for the position?
No need of interview but your sponsor must maintain records of any interview conducted for the advertised role.
-what about my employment status? should I resign from my job before I go back to my home country to apply for visa?
No need if it's ok for your sponsor (In my case I did not resign)

I've heard some cases has been rejected because of appendix A paragraph 78 : (I am not satisfied that your sponsor has met the resident labour market test requirements as required by appendix A paragraph 78.)

yes, RLMT must be conducted appropriate inline with the guidance

Thanks

[daeijan]

Thanks very much you've been very helpful.
In terms of RLMT, as far as I know they took screen shots, and still waiting for the closing date to conduct the interviews.

did you go through the process recently? did the embassy asked you for a face to face interview? and also did you provide any documents about interview process to the embassy?

Thanks.

[quote="raghu.raju457"]Hi All

My employer said they perform RLMT for 28 days, and if they couldn't find a suitable candidate to replace me, they will ask for CoS.

Your Sponsor need to apply for Restricted COS (See Policy Guidance for this)

now my question are:
-if my employer couldn't fine anyone, can I go back to my home country and apply for Tier 2 General?
Yes you can but before they need to Restricted COS and assign to you.
-can my husband for dependant at the same time?
Your husband can switch inside the UK once you achieve your entry clearance if he still have valid visa
-should I (re)apply for my (current) job during the RLMT?
No you don't need to re apply
-what about interview process? should my current employer (re)interview me again for the position?
No need of interview but your sponsor must maintain records of any interview conducted for the advertised role.
-what about my employment status? should I resign from my job before I go back to my home country to apply for visa?
No need if it's ok for your sponsor (In my case I did not resign)

I've heard some cases has been rejected because of appendix A paragraph 78 : (I am not satisfied that your sponsor has met the resident labour market test requirements as required by appendix A paragraph 78.)

yes, RLMT must be conducted appropriate inline with the guidance

Thanks[/quote]

[daeijan]

OK, I called HO and asked, apparently I have to apply for my current role! cuz it's technically a new hire...

[Frontier Mole]

You will find it a challenge to get your Tier 2 visa based on the circumstances you have outlined.
As you are already working for the company that proposes to Sponsor you it is unlikely that the RLMT can truly be a fair and open competition. Expect there to be a fair amount of scrutiny of the role, the RLMT and the selection process.
Given your husbands failed Tier 1 circumstances you can also expect there to be some investigation into what he did under his tier 1 visa.....

[daeijan]

Thanks Frontier Mole, well, in regards to the RLMT process, my employer hasn't guarantee anything yet, they said, only if, they can't find a suitable candidate, they will request a CoS for me. as far as I know they are seriously looking to find a settle candidate. So I'm sure the RLMT is truly a fair and open competition.

Also, in regards to my husbands situation, what kind of investigation? is this something that might affect my visa too? his start up company didn't do quite well to hire 2 employees, that's why we can't apply for extension on his visa.... Can you tell me what kind investigation we should expect?

Thanks

[daeijan]

[quote="karthiyegga"]Not yet. Hoping any experts in forum might help before doing so. Thanks[/quote]

FYI, you could call Home office to ask questions about your situation, they are surprisingly quite helpful!
good luck and update us if you had any update....

[Frontier Mole]

With a number of the earlier Tier 1 Ent visas now coming up for extension there is unsurprisingly a number of individuals that have not made the qualification criteria.
One of the issues is the lack of investment of the claimed investment funds. This is being examined and there is a noted abuse trend where little or no funds have been invested....
Given the requirement to invest the full amount of funds within the period of the initial grant of the visa that lends itself to the question.... Was the funds actually there and failing to invest the funds was there ever an intention to actually operate a business.
If it can be demonstrated that there was no significant trading, no investment or third party contracting then that points to a situation where the visa was acquired under false representation.
If there has been full investment of the funds, accounts and records to back this up and the business has just not been a success then all will be ok.

[karthiyegga]

Hi daeijan,

Did you get answers for any of these or did you apply for cos? Thanks in advance if you could share any updates.

[sssb]

Hi daeijan,

Did your husband went back to ur home country and apply for tier2 and got succeeded .Please update ur status and the about process and any challenges faced .