Immigration Query: Switching from Study Visa to Skilled Worker Dependent & TB Test Requirement

[hussainahmed]

Dear Community,

I seek your valuable advice on an immigration matter concerning my friend's situation in the UK. Here's the scenario:

• My friend arrived in the UK on a study visa for the September 2022 intake. His visa was valid until 29 February 2024, and his university course ended on 30 September 2023. (he did not complete his studies.)

• Currently, he's back in Bangladesh. His wife holds a skilled worker visa in the UK until 2027.

We're facing a few uncertainties:

• Considering he previously lived in the UK for 14 months under his study visa, does he still need to provide a TB test report for his new visa application, given the delay in obtaining this report in his case (despite having a normal report previously)?

• With the recent UKVI threshold of £38,700 set for skilled workers bringing dependents, does this threshold apply from 1st March 2024? If so, could he apply for the visa based on his wife's income of £22,000 since her COS and visa were acquired before this new rule came into effect? Or does the dependent need to apply before the rule takes effect?

I kindly request your guidance on these matters to help navigate the visa application process appropriately. Your insights and shared experiences would be immensely appreciated.

Thank you in advance for your assistance and advice.

[zimba]

If he has been away for less than 6 months, then a TB test is not required.

You’ll need to have a tuberculosis (TB) test if you’re coming to the UK for 6 months or more and both of the following apply:

you’ve lived in any of these listed countries for 6 months or more
you were living there (or another listed country) within the last 6 months

https://www.gov.uk/tb-test-visa

Also who said a new threshold has been set ? There have been no rule changes whatsoever. Changes are probably expected to be introduced from April 2024 and are yet to be announced. This is just a speculation at this point. Also applying for a new visa from outside the UK is not a switch. It is new visa and change of status

[hussainahmed]

Thank you immensely for taking the time to respond and provide clarification regarding my friend's situation. Your insights are incredibly helpful.

Regarding the TB test requirement, I appreciate your input. However, to further clarify the situation, my friend has actually been in the UK for the last 15 months and has just returned to Bangladesh this week (it's been only 4 days since his return). In this case, would the requirement for a TB test still apply given his recent return from the UK?

Regarding the threshold changes, your clarification is indeed enlightening. We were considering the possible changes mentioned in the Home Secretary's speech, where there were discussions about implementing new thresholds from Spring, potentially in March 2024. We acknowledge this as speculation at this stage.

If you could provide any further guidance based on this recent information, we would greatly appreciate it.

Thank you once again for your support and expertise.

[zimba]

As long as he returns within the next 6 months, then there is no TB test requirement. I'd suggest to apply as normal and preferably before April

[hussainahmed]

As long as he returns within the next 6 months, then there is no TB test requirement. I'd suggest to apply as normal and preferably before April

Thank you very much for your continued guidance and prompt responses. We'll aim to proceed with the application before April (even within next week), considering the situation.

Additionally, I have a query regarding the financial proof requirement for my friend's visa application as a skilled worker dependent. In his wife's COS, the sponsor ticked YES for 'tick to certify maintenance for migrant (and dependants, if applicable)'. Our understanding aligns with SW 33.2 (b) of the 'Immigration Rules Appendix Skilled Worker', indicating exemption from the financial documents requirement as per SW 33.1. However, to ensure accuracy and compliance, we'd like to double check this matter with you.

I truly appreciate your patience and assistance in addressing these queries. Your expertise and advice have been invaluable in navigating this process.

Thank YOU!

[zimba]

There is no financial requirement for dependants