Tier 2 General Dependent to Tier 2 General Main

[kyatezz]

Hi All,

I am on a Tier 2 General Dependent visa which is up to 29 Nov 2019 (issued in Jan 2017). My spouse (who is the Tier 2 General Main visa holder) has her visa up to 29 Nov 2019 as well (issued for 3 years).

We have both been working in the UK since 2012 (initially I was on Tier 2 ICT main and my spouse was a dependent, we made a switch to Tier 2 General in 2016)

Now, I am seeking for my Employer to sponsor my Tier 2 General application, so that I get independent of my spouse's visa.

I want to know:

1. To ensure I apply in time (before my wife needs to apply for her Tier 2 General extension and my dependent visa extension), when should my employer kick-start the process?

2. Do I need to travel outside the UK to apply for the visa or is this optional?

3. I understand there are essentially 3 steps in the process, can you give me some rough guidance on the timelines for each stage?

a. Employer does a RLMT (Is this mandatory? As I am working in the UK already for the same employer?)
b. Applies for a CoS
c. Decision is given (is there a 5 day priority service for a payment of £500)
d. Visa/ Residence Permit gets issued

4. During the processing period (steps a & b as above or at any point in the process) will I be required to be a Leave without pay with my current employer?

5. Can I apply for my Wife & child to become my dependant at the same time as I am applying for my visa?

6. Will the visa if granted be given for 3 years?

Thanks in advance.

[CR001]

1. To ensure I apply in time (before my wife needs to apply for her Tier 2 General extension and my dependent visa extension), when should my employer kick-start the process?

Makes no difference really when you apply as you have to apply from your Home country for a Tier 2 General visa and your spouse can apply for a dependent visa with you or once you return to the UK. You are not able to switch visas within the UK.

2. Do I need to travel outside the UK to apply for the visa or is this optional?

Yes, you have to apply from home country. It is NOT 'optional'!!

3. I understand there are essentially 3 steps in the process, can you give me some rough guidance on the timelines for each stage?

a. Employer does a RLMT (Is this mandatory? As I am working in the UK already for the same employer?)
b. Applies for a CoS
c. Decision is given (is there a 5 day priority service for a payment of £500)
d. Visa/ Residence Permit gets issued

3a. Yes RLMT is mandatory if your job is non shortage occupation.
3b. Yes a RCoS which goes to the HO Monthly Allocation meeting held on 11th of each month. Once you have the RCoS approved and assigned to you, then you still have to apply for the visa.
3c. Applying for a visa is completely separate to the RCoS application.
3d. Visa is only granted if the RCoS is approved, RLMT is correct and you have applied for the correct visa and meet all the requirements.

4. During the processing period (steps a & b as above or at any point in the process) will I be required to be a Leave without pay with my current employer?

No. However, RLMT must be done correctly to prove there are no EU/British citizens or Settled(ILR) workers who could do the job and to prove you have not been pre-selected.

5. Can I apply for my Wife & child to become my dependant at the same time as I am applying for my visa?

Yes, if applying together from home country.

6. Will the visa if granted be given for 3 years?

It depends on the length of the RCoS.

Note that IHS has doubled and is now £400 per person per year.

Note also that when you change visas, your 5 years residence clock for ILR is reset to zero.

[kyatezz]

Thank you very much.

It is said on the website (https://www.gov.uk/visa-processing-times) that

For PBS Tier 2
Most applications are processed within 15 days.

So do I wait for the CoS to be issued then travel to my home country to apply for Visa?

And is there a priority service for out of the country applications to get the visa faster say within 5 days?

Do I require NARIC certificates for my education and prove my knowledge of English?

[kyatezz]

Also, my wife's employer is initiating the process for her Visa extension later this month. She should be receiving her new visa by October 1st week.

Can I opt out to get my tier 2 general dependant visa extended as my employer is initiating a new visa process for me and I have my existing dependant visa upto Nov this year?

Scenario 1: I manage to get CoS by October 1st week.
As CoS is valid for 3 months, I can go to India and apply for the Tier 2 General visa

Scenario 2: I do not get CoS by October 1st week, or CoS gets rejected due to some reason
I will be in UK itself and will apply for a Tier 2 General dependent extension within the UK on my wife's new visa?

Does my visa gets invalid if my wife's (main visa holder's) extension application is in process?

[CR001]

Scenario 1: I manage to get CoS by October 1st week.
As CoS is valid for 3 months, I can go to India and apply for the Tier 2 General visa

Scenario 2: I do not get CoS by October 1st week, or CoS gets rejected due to some reason
I will be in UK itself and will apply for a Tier 2 General dependent extension within the UK on my wife's new visa?

Either option.

Does my visa gets invalid if my wife's (main visa holder's) extension application is in process?

No.

[kyatezz]

So if I understand correctly, I need not apply for a visa extension and wait for my employer initiated process to complete.

While my wife's visa is getting extended, that will not have any bearing on my visa. I assume the same holds true for my daughter's visa which is also dependent on my wife's. I will not renew my daughter's and will do it with mine.

My wife plans to get her visa extended and travel to India with my daughter in Oct 1st week.

[CR001]

You could expect HO to query about your wife's dependents not applying and being close to visa expiry.

Whatever you choose to do, you must either apply to renew the dependent visas before expiry or leave the UK before they expire.

Note also that it will be more difficult to extend your daughters dependent visa based on your wife's visa if your visa has expired and you are out of the UK. The rules require both parents to have valid leave to remain and being in the UK.