Switching from tier 4 dependant to tier 2

[niks]

Hello all,

I’m on a Tier4 dependant Visa until 09/2020, I have a tier 2 sponsor who is willing to sponsor me but says I have to apply from home country rather than switching within. I arrived in UK on 01/09/2011 and my 10 year route will be completed on 01/09/2021.

My question is if I apply from my home country for a tier 2 visa while still having a valid UK tier 4 dependant visa, does it break my 10 year route to ILR?

[CR001]

You can switch within the UK per ukvi official link below.

https://www.gov.uk/tier-2-general/switch-to-this-visa

[niks]

Hi,

Thanks for the response. Much appreciated.

I understand, but my employer seems reluctant or the solicitor advising them can’t do it for some reason. So just wanted to know even in that case my 10 year route is intact or do it break it?

Thanks again
Nik

[CR001]

Your residence is not broken if you return to the UK within 180 days as long as you leave with a valid visa.

[sah10406]

I understand, but my employer seems reluctant or the solicitor advising them can’t do it for some reason.

Maybe ask what is the reason. It's not a common type of switch, but perfectly normal and allowed, as shown in the link provided above and in the immigration rules.

See paragraph 245HD(b)(i) of the immigration rules:

... the applicant must ... have ... entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant,
(5) the partner of a ... Tier 4 Migrant, or
(6) a Start-up migrant, or
(7) an Innovator,
or
(ii) ...a Tier 4 Migrant ...


https://www.gov.uk/guidance/immigration ... sed-system

[gag285]

I did the same switch in 2015 and it is perfectly ok to do this.

[niks]

Hi,

Thanks for your reply

Our HR says that because I’m a PhD candidate and my wife is main Tier 4 applicant they are having difficulty applying a code for visa on a points base system for dependant visa to tier 2

I completed my PhD in 2017, then took a 1 year extension and now on a tier 4 dependant visa with my wife.

Thanks
Nils

[sah10406]

Our HR says that because I’m a PhD candidate and my wife is main Tier 4 applicant they are having difficulty applying a code for visa on a points base system for dependant visa to tier 2

The only relevant code is the job code from the Codes of Practice on skilled work. It confirms that the job is at the required minimum level of skill (RQF level 6) and salary (depends on job) for Tier 2 sponsorship. It is nothing to do with the applicant's immigration status.

https://www.gov.uk/guidance/immigration ... illed-work

Do they maybe think that because you happen to have a PhD, you can only do jobs listed in Table 1 "Occupational skilled to PhD level"? If so, that is nonsense. You are not restricted to jobs at PhD level, and moreover someone does not need a PhD to do a "PhD level" job anyway. Those descriptors are about the skill level of the job, not the education level of the candidate.

[FaheemTanoli]

Hi, My wife has done PhD and my employer offered me tier 2 and i have applied for the tier 2 application while remaining in the UK.I am yet to receive the decision and our visa has already expired on 1st March 2020.So oyu can apply from within UK.There shouldnt be any issue.Rather its better to apply from within uk.