VISA Switch : Tier-2 Dependent to Tier-2 General

[Malapatiajay]

Hi Guys,
I recently got to visa Tier-2 dependent and started working for a company in less than 6 months. Now I have to get my own visa (lead to the circumstances) to get Tier-2 General. I am trying to get this VISA switch for the same position which I am working on or similar position advertised for the past 6 months. But the organisation is saying it is difficult to offer me the same job legally with Tier-2 VISA. What should I do, Is there any way that I could process the application from the UK itself so that it will simplify my job procedures.

[CR001]

You cannot apply for tier 2 general within the UK as a tier 2 dependent. You have to apply from home country.

Many have done this change while remaining in the same poaition as when they were on dependent vus.

Rlmt must be done 100% correctly to prove you are not pre selected.

What is the SOC and the job role you do?

There is also a minimum salary you have to be offered/paid.

[Malapatiajay]

The problem is I have been working in the same company, who wish to sponsor me. But they are saying there would be some legal issues that will not allow them to process. I do qualify with respect to salary, but working in the same company and sponsoring for the same position might be an issue even if I apply from India.

[CR001]

Nonsense, there are no legal issues. Ask them specifically what these legal issues are.

Perhaps the employer simply doesn't wish to sponsor you for a visa. Presumably they are already an approved tier 2 sponsor??

[Malapatiajay]

Thanks a lot for the advice.
1. Any idea what will happen to our kids NHS fees does I need to repay or reapply all of these.
2. What documents I need. My current employer sponsoring the VISA for the family.
3. I did my masters in India and applied for the Naric English language certificate. Do I need the comparability test certificate from Naric?
4. For my husband who was in Tier-2 General, Is it for 2 months or 3 months to leave the UK curtailment letter. It is been one month we have not received any letter. Some solicitor told it is 3 months.
5. Can my spouse apply as Tier-2 dependent within the UK, once I get the Tier-2 general visa? He doesn't wish to go out of the UK as a backup plan. He needs to complete a PhD at the university.
6. If yes, is he need to pay the NHS fee along with the VISA fee.

[CR001]

1. You need to pay all the fees again when your children switch yes.

2. You need to follow the guidance and the online form.

3. You need UK NARIC English and comparable assessment. Costs about £150.

4. A curtailment of visa is 60 days. The letters take a while to get sent out. Note that if he is out of the UK, he won't get a letter. It is NOT 3 months. You really need to think carefully about taking advice from solicitors who clearly do not know the rules. Curtailment has never been 3 months.

5. Yes, provided he still has a valid visa.

6. Yes, he needs to pay IHS and visa fee again.

[Malapatiajay]

1. Are you sure that do I need both English and comparability Naric certificates? I have paid 62 pounds to get only a Naric English language assessment certificate to avoid IELTS. I did my masters in English

2. The employer wants to apply for a normal visa, instead of priority, which takes 28 days to receive the result.

[Lucky1305]

You definitely need comparibility certificate. You should apply for visas and nationality service on the Naric site. See this link https://www.naric.org.uk/visas%20and%20 ... /FAQs.aspx