TIER 2 (GEN/DEP) HELP

[ursdinez]

Good Morning guys,

I'm here in the UK from Jan 2010 as a TIER 4 student and then under PSW and now I'm on a Tier 2 General Visa from Apr 2013 and my visa extension is due in May 2016, which is looking a bit difficult to extend due to company's current situation.

My wife is here with me & working as a Tier 2 Dependant from Jul 2015 and if she wants to switch over to Tier 2 General, she would then need to go back to home country and then apply with restricted CoS ?

If she gets Tier 2 General visa by end of April, will I be able to apply as dependant in the UK ? and Will I be eligible for ILR in Jan 2020 under 10 years long residence?

If not will I be able to stay in Tier 2 for more than 6 years?

Apologies if the above is not in the right format as I'm very new to this forum.

Your help and suggestions would be greatly appreciated.

Thanks,
Dinesh

[iworker]

she needs restricted cos and apply from home country
you can apply within uk as her dependent if you apply before your current visa expires
10 years will count, so 2020 will be ok
you will switch to tier 2 dependent, so 6 years rule will not apply to u

[ursdinez]

Many thanks iworker. Much Appreciated.

[ursdinez]

Guys,

Just heard back from the company that they aren't going to extend my Tier 2 visa which is expiring on May 9 2016. And they have promised that I can work and they will not cancel until first week of May in order to give me time to look for options.

Till what date I can legally stay in UK if they cancel by first week of May?

And I would like to know something regarding curtailment letter and what does that mean?

Thanks in advance.

Dinesh

[CR001]

Till what date I can legally stay in UK if they cancel by first week of May?

The date of your visa expiry is when you should leave or switch.

[ursdinez]

Thanks for the response but will I not have 28 day leave if my company cancels the visa by May 2 2016?

[iworker]

how difficult is it understand that you have to leave or switch visa before the expiry date on your visa.

[ursdinez]

Got it. Thanks

[ursdinez]

Guys,

Further to my earlier query, my wife is on a Tier 2 dependant visa since July 2015.

If she wants to switch into a Tier 2 General and in worst case if it gets rejected, can she still come to UK and be my dependant till my current leave expires?

Or, Does she have any cooling off period before she can enter into UK?

Thanks in advance.

Dinesh

[CR001]

No, there is no cooling off period for dependents.

[ursdinez]

Thank you.

[ursdinez]

Guys,

In order to avoid redundancy and match with my experienced salary criteria for Tier 2 General (Extension), Can my employer reduce my 40hr working week to 35 hours ?

Will this affect my extension application in anyway? Please advice.

Thanks in advance.

Dinesh

[ursdinez]

PLS ADVISE/HELP WITH THE ABOVE QUERY.

THANKS

[ursdinez]

Please help with the above query a bit urgent in order to discuss with my employer.

Thanks
D

[bsc2007]

Hi Dinesh,

A new CoS with 35hr work and a matching pro-rata salary according to the new SOC list due today should be okay - as far as I can say.

Kind regards,
B

[ursdinez]

Thank you B. Very much appreciated.

[Frontier Mole]

Guys,

In order to avoid redundancy and match with my experienced salary criteria for Tier 2 General (Extension), Can my employer reduce my 40hr working week to 35 hours ?

Will this affect my extension application in anyway? Please advice.

Thanks in advance.

Dinesh

To be blunt the answer is a no on that one. If they were reducing the entire work forces hours in the same way then it would be credible. This would be a genuine redundancy stopping scheme.
Reducing solely your contracted hours to avoid paying you the experienced rate for the role is going to lead to a visit from UKVI and more than likely a refusal of your visa.

It is becoming a common trait for working hour reduction at the point experienced salary is required. This pushes the role into a non genuine vacancy because if it was truly a sustainable role it should be paying the rate for the job.

[ursdinez]

Thank you and understood.

As a Tier 2 General candidate can I apply for FLR application as I have less than a month's leave and we need to sort out many things?

if yes, approximately how long will the process take?

Can we(myself and wife(dependent)) work during an FLR application?

Thanks in advance.

Dinesh

[CR001]

Which FLR - FLR(O) or FLR(FP) - and on what grounds? And they are not free applications either (fee plus IHS).

HO is very much aware of irrelevant FLR(O) and FLR(FP) applications to 'buy time' and these are refused quite quickly these days if there are not obvious relevant substantial reasons.

[Frontier Mole]

I am not an advocate of FLR applications, can't you try to find another employer?
I know it is tough getting the experienced salary rate but better to try than go down the FLR route at this point.

[ursdinez]

Thanks CR001 and Frontier Mole.

I do not have time even to do RLMT and switch to a different employer.

I am not keen to apply for FLR but generally looking for options to extend my stay beyond May 9.

The only option now I got to switch to an employer who have already done RLMT or get some job within shortage occupancy.

Thanks again.

DInesh

[Frontier Mole]

You do have 28 days grace beyond your expiry date to apply for another visa BUT it will not come with any right of appeal if refused.

[ursdinez]

If I slip into the 28 days grace period and make a successful application, will I have any complication when applying for ILR in future?

Again, If I apply for my Tier 2 before the expiry date and in worst case if it gets rejected will I have a chance/right to appeal and how many days will I have?

Thanks in advance.

Dinesh

[ursdinez]

Guys,

Please help with the above query.

Many thanks,
Dinesh

[ursdinez]

Guys,

Please help with the above query. Its bit urgent.

Thanks in advance.

Dinesh