Switch from Tier 2 Dependant to Tier 2 General

[dipyaman]

Hi,

I am currently holding Tier 2 ICT Visa issued on Nov 2013 and valid through 31st Jan 2017.

My wife is currently on a Tier 2 ICT Dependant Visa valid until 31st Jan 2017. She got a job last year and since then working with the same company and now her company is ready to sponsor her Tier 2 General Visa in her name. I understand that she will need to leave the country and for visa stamping and entry clearance. Here are my questions:

1. Does she need to resign from the job and then go to India for applying visa and then come back and join the company once she has got the Tier 2 general visa on her name?

2.Just in case the her Tier 2 visa is not granted will she lose her Tier 2 Dependant, multiple entry status. Will she still be able to come back to UK and join her company?

FYI, the company is A Rated license holder eligible to sponsor Tier 2 - General.

Urgent reply will be very helpful. Thanks.

Dipyaman

[geriatrix]

2. No. Yes.

[CR001]

1. Does she need to resign from the job and then go to India for applying visa and then come back and join the company once she has got the Tier 2 general visa on her name?

No, she does not need to resign. The full and proper RLMT process must be done to prove she has not been 'pre-selected and favoured' for the position. If HO suspect she was pre selected due to already working for them, her visa will likely be refused.

2.Just in case the her Tier 2 visa is not granted will she lose her Tier 2 Dependant, multiple entry status. Will she still be able to come back to UK and join her company?

No, she will not lose her dependent visa if her Tier 2 G is refused.

[dipyaman]

Thanks to both of you for your replies. This is really helpful.

Regards,

Dipyaman

[dipyaman]

Hi,

Thanks for your earlier responses.

My wife got this job last July 2015 based on her Tier 2 Dependent Visa and its going to be an year this July. She got the job going through a fair and a competitive process and multiple rounds of interviews. This job was never advertised by the company for purpose of Tier 2 visa sponsorship, therefore 28 days of advertisement of the job wasn't done (it was put up on the website for 2 weeks, just like any other jobs would be advertised by her company). She got selected out of her ability and experience and owing to her valid work permit in UK.

She is performing well in her job and now her company is ready to sponsor her Tier 2 General Visa, however the HR has come back saying she will need to resign from the job as RLMT needs to be done before they can issue a certificate of sponsorship [This didn't match with your earlier advice].

Her designation is Healthcare scientist - Microbiology. Her job is research and diagnosis oriented and her salary is above £25K and less than 30K. She works for a company with more than 20K employees.

I am not sure if this is the right approach as suggested by her HR. Can you please tell me:

1. How can her employer satisfy the RLMT?
2. Is there anyway how she can continue working for the her company in her current position as HR carries out RLMT?

Quick response will be highly appreciated as we need to take a decision by this week.

Regards,

Dipyaman Kundu

[noajthan]

Hi,

Thanks for your earlier responses.

...

Quick response will be highly appreciated as we need to take a decision by this week.

Regards,

Dipyaman Kundu

Almost midnight on a Bank Holiday.
Suggest stand by.

[CR001]

Many migrants do the dep to Tier 2 G main applicant switch. They don't resign. But have to prove they were not 'pre selected'.

Is her job on the shortage occupation list? It seems quite specialised, not many in that field I would imagine.

[dipyaman]

Hi,

Though its specialised and highly complex role, but its not there on Shortage occupation list.

regards

[raghu.raju457]

Hi dipyaman

No your wife don't need to resign as CR001 said I have switched my Tier 2 Dependent visa to Main 8 months back from home country but I have not resigned my Job. I have taken 5 weeks holiday and went back to home country to apply my visa

As long as the company do proper RLMT and comply home office rules she will be fine

Thanks

[dipyaman]

Thanks for your reply.

While you completed the Visa application form, did you show the experience that you had on dependent visa with your employer in UK who later gave you the sponsorship. What I mean to say is, have you shown that you are currently employed with the same organisation as you were applying for Tier 2 General Visa.

Thanks
Dipyaman

[iworker]

there is no question asking that and hence he would not have said that.

[raghu.raju457]

There is no such question as said by iworker. You don't need to show that you already working for them. I have got new offer letter to state my employment start date and to show how much I get paid.

[Rreddy87]

Hi Raghu.raju,

Can you tell me how many days it took for you to get Tier 2 General visa from India? I believe it would take 15 working days in Priority service? can you please confirm. Can I take two weeks leave and come back based on priority or premium service?

1. Also I have a question on RLMT process. How did your company show that you were not 'pre-selected' as you were already employed by them? I was also not pre-selected and went through 3 rounds of interview, but not sure how can we show that to Home Office.

I am in same situation where my company has agreed to sponsor me. Please help.

[dipyaman]

Hi,
The visa application does ask employment history and my wife also has National Insurance number, which I believe would be enough for Home office to find out everything related to her employment in UK as she has been a tax payer and NI contributor for the past one year. So far I remember, there is a question in the application, where NI (if exists) is asked for.

Thanks,

Dipyaman