Tier 2 Dep to Tier 2 General

[Jaanvi]

I am a Tier 2 dep working for a company. My husband has refused my renewal due to marriage issues. It is expiring next week. My company can run a RLMT now and I can continue to over stay until this process?

[gag285]

Sorry but I think you would run into an Overstay situation. The RLMT requires advertising a position for a minimum of 28 days and then a restricted CoS might take time too.
(next allocation is probably 10th Oct) Considering that your RLMT even if it starts today, you might barely make it to Nov allocation but by the time it is issued and you apply , you will have scraped past the overstay grace period. You can't apply from UK anyways and you wouldn't be able to work post the expiry of your visa for your employer until you have a further leave.

[Jaanvi]

Sorry but I think you would run into an Overstay situation. The RLMT requires advertising a position for a minimum of 28 days and then a restricted CoS might take time too.
(next allocation is probably 10th Oct) Considering that your RLMT even if it starts today, you might barely make it to Nov allocation but by the time it is issued and you apply , you will have scraped past the overstay grace period. You can't apply from UK anyways and you wouldn't be able to work post the expiry of your visa for your employer until you have a further leave.

Very informative response. RLMT is very stringent? Meanwhile, applying for a temporary stay is possible? thank you

[CR001]

Very informative response. RLMT is very stringent? Yes it is very stringent, and given that you are already working for the company, they have to prove that you were not 'pre-selected' for the position and prove to HO that there was no BC/EU or settled person to do the job.

Meanwhile, applying for a temporary stay is possible? No, anything you apply for you have to apply from home country. There is no such thing as a 'temporary stay while waiting to apply for visa' category. Why can you not go home and wait? You can't work once your visa expires anyway.

[Jaanvi]

Thanks. I received a message from my husband that he has informed HO that we are separated. What happens next? They can give me a grace period for a month at least until my RMLT is sorted out?

[Jaanvi]

Very informative response. RLMT is very stringent? Yes it is very stringent, and given that you are already working for the company, they have to prove that you were not 'pre-selected' for the position and prove to HO that there was no BC/EU or settled person to do the job.

Meanwhile, applying for a temporary stay is possible? No, anything you apply for you have to apply from home country. There is no such thing as a 'temporary stay while waiting to apply for visa' category. Why can you not go home and wait? You can't work once your visa expires anyway.

Thanks. I received a message from my husband that he has informed HO that we are separated. What happens next? They can give me a grace period for a month at least until my RMLT is sorted out?

[CR001]

No. Once your visa expires, you are an overstayer and it can have future impacts.

You have to apply for Tier 2 General from home country and you must leave the UK before your visa expires if you are not able to extend your current visa.

[Jaanvi]

No. Once your visa expires, you are an overstayer and it can have future impacts.

You have to apply for Tier 2 General from home country and you must leave the UK before your visa expires if you are not able to extend your current visa.

Thanks. Will I receive any notification from the HO as my husband has contacted them to leave this country or should I make arrangements on my own to leave?

[Jaanvi]

No. Once your visa expires, you are an overstayer and it can have future impacts.

You have to apply for Tier 2 General from home country and you must leave the UK before your visa expires if you are not able to extend your current visa.

If we both work our relationship again, do you think it will cause an issue in the future application as his dependent?

[CR001]

If your visa expires soon, the unlikely HO will contact you. If you do not leave the UK or apply for an extension before expiry, you are an overstayer and you cannot work.

You should make arrangements to leave on your own. You do not want to be held in detention pending deportation, it is a black mark on your immigration record.

If you 'work things out' with your partner, the problem you have is that he has already official informed HO and any application you make will be scrutinised.