My wife has a UK Tier 2 General visa and I am on dependent v

[srling]

Hi All,

My wife has a UK Tier 2 General visa and I am here in UK as her dependent on a dependent visa. What I would like to understand is how can I have my own non dependent visa with out being on my wife's dependent visa. This is actually to ensure I can stay in UK even if my wife has to go back to my home country.

Can you please let me know which visas I can try for?

Thanks,
Sri

[moonlight55]

1. Find a sponsor who is ready to hire you on Tier 2 general visa and who is a A-rated sponsor.
2. Sponsor should apply for a Restricted CoS for you after carry out RLMT (if applicable).
3. Once R-CoS is approved, you need to go back to your home country and apply for a Tier 2 visa.

[srling]

Thanks Moonlight for responding quickly to my query.

Why a Restricted CoS for me not a general visa as my wife?

btw I had been in UK before this on a ICT Tier 2 short term visa and at that time my wife was in UK as a dependent, will that have any impact in my new visa filing?

Thanks,
Sri

[geriatrix]

Why a Restricted CoS for me not a general visa as my wife?

Don't confuse restricted CoS with some sort of "restricted" visa (as opposed to "general" visa, as you put it).

You need "Restricted" Certificate of Sponsorship (CoS) because you need to apply for Tier 2 (General) leave from outside UK. You cannot change from "dependant" to "Tier 2" from within the UK.

Those who can (switch from their current immigration category to Tier 2 (General) from within the UK need a "Unrestricted" CoS,

[srling]

Thank you so much sush for clarifying the confusion.

Apart from that as I mentioned; I was already in UK before this on a ICT Tier 2 Short Term visa for nearly 12 months and as per my knowledge there is a cooling period of 12 months before coming back to UK on the same ICT Tier 2 Short Term visa.

So below are two queries w.r.t the above situation.
- As I now came on a dependent visa, hence I hope the cooling off period doesn't apply to me. Please correct me if wrong.

- Also will the above situation cause any issues to me either getting a Restricted COS or Tier 2 General visa in any way?

[moonlight55]

1. No cool-off was applicable when you came here as dependent visa.

2. Since you were here on Tier 2 earlier, a 12 month cool-off will apply from the last time you were UK before you can apply for Tier 2 again. When did you leave UK on your last ICT visa?

[srling]

I was on ICT Tier 2 Short Term until Apr 2015 and at present as per the information you gave it seems that I need to wait until May 2016 to apply for my own Tier 2 general visa and until then I need stay on a Tier 2 General dependent visa. Please correct me in case my understand is going any where.

[moonlight55]

Your understanding is correct.

[srling]

Also one more query - In case my wifes organization ask her to leave the job, how much time we can stay here after she left the job. How much time we can have to get new job who is ready to give cos for her?

[moonlight55]

Her sponsor has to report the last date of her employment to UKVI. Once it's done, UKVI will send her a letter giving her 60 days to find another sponsor or if she cannot find one, leave UK. The 60 days starts from the date of letter and not from her last date of employment. Nowadays it may take upto a month to get the letter. So, I think she will have around 90 days to find another employer. You need to ensure that UKVI has your current address. Not receiving the letter (in case you've changed houses and not informed UKVI) is not a reason for being an overstayer. It will affect your future applications.