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Applying skilled worker visa within UK vs outside UK

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mohamedraza1
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India

Applying skilled worker visa within UK vs outside UK

Post by mohamedraza1 » Thu Sep 19, 2024 7:35 pm

Hi ,
I have completed my studies in uk and just returned to India . Me and my 2 dependants have a valid student visa until Feb 2025 . I have been offered a job as a dentist from Jan 2025 and option of doing skilled worker visa from within uk and outside uk .
Now that we are expecting another child , in October - my newborn who doesn't hold a student dependant visa , can do skilled worker dependant visa from India only and not from within uk , which is making me think to do mine (main applicant and 3 dependents skilled worker visa application from India in November)
Are there any risks ? Of applying Dentist skilled worker visa application from India , instead of being within uk as I hear it's straightforward under a valid student visa .
But my situation is that since there is another child on the way , i cannot leave them alone here , and go to uk and do my individual application first , be alone for a month and get them there .
Basically, how risky is it as a dentist (health and care visa ) to apply from India where it will be a fresh visa application against doing it within uk , as I have valid student visa until Feb 2025.

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Ticktack
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United Kingdom

Re: Applying skilled worker visa within UK vs outside UK

Post by Ticktack » Fri Sep 20, 2024 11:25 am

mohamedraza1 wrote:
Thu Sep 19, 2024 7:35 pm
Hi ,
I have completed my studies in uk and just returned to India . Me and my 2 dependants have a valid student visa until Feb 2025 . I have been offered a job as a dentist from Jan 2025 and option of doing skilled worker visa from within uk and outside uk .
Now that we are expecting another child , in October - my newborn who doesn't hold a student dependant visa , can do skilled worker dependant visa from India only and not from within uk , which is making me think to do mine (main applicant and 3 dependents skilled worker visa application from India in November)
Are there any risks ? Of applying Dentist skilled worker visa application from India , instead of being within uk as I hear it's straightforward under a valid student visa . Nothing is ever straightforward! Left for the ECO to determine
But my situation is that since there is another child on the way , i cannot leave them alone here , and go to uk and do my individual application first , be alone for a month and get them there .
Basically, how risky is it as a dentist (health and care visa ) to apply from India where it will be a fresh visa application against doing it within uk , as I have valid student visa until Feb 2025. The only difference is that you get to stay in the UK and appeal if failed versus you appeal from outside if failed. Otherwise it makes no difference.
No sin in failing, you just have to try and try again!

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CR001
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Re: Applying skilled worker visa within UK vs outside UK

Post by CR001 » Fri Sep 20, 2024 11:46 am

Ticktack wrote:
Fri Sep 20, 2024 11:25 am
Basically, how risky is it as a dentist (health and care visa ) to apply from India where it will be a fresh visa application against doing it within uk , as I have valid student visa until Feb 2025. The only difference is that you get to stay in the UK and appeal if failed versus you appeal from outside if failed. Otherwise it makes no difference.
There is no appeal rights for skilled worker visa applicants whether they apply within the UK or from abroad!

Skilled worker visa applicants only have administrative review available regardless of where they apply from and AR is for when UKVI has made an error and is not the same as an appeal.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Ticktack
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Re: Applying skilled worker visa within UK vs outside UK

Post by Ticktack » Fri Sep 20, 2024 12:02 pm

CR001 wrote:
Fri Sep 20, 2024 11:46 am
Ticktack wrote:
Fri Sep 20, 2024 11:25 am
Basically, how risky is it as a dentist (health and care visa ) to apply from India where it will be a fresh visa application against doing it within uk , as I have valid student visa until Feb 2025. The only difference is that you get to stay in the UK and appeal if failed versus you appeal from outside if failed. Otherwise it makes no difference.
There is no appeal rights for skilled worker visa applicants whether they apply within the UK or from abroad!

Skilled worker visa applicants only have administrative review available regardless of where they apply from and AR is for when UKVI has made an error and is not the same as an appeal.
Same idea, wrong terminology! :lol:
No sin in failing, you just have to try and try again!

lolo2
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Venezuela

Re: Applying skilled worker visa within UK vs outside UK

Post by lolo2 » Fri Sep 20, 2024 6:27 pm

mohamedraza1 wrote:
Thu Sep 19, 2024 7:35 pm
I have completed my studies in uk and just returned to India . Me and my 2 dependants have a valid student visa until Feb 2025.
There are some factors that you also need to consider when thinking about applying from within the UK: termination of studies and leaving the UK.

The university might have reported the termination of your studies to UKVI - they have that duty as a sponsor - which would have triggered a curtailment process. Therefore your visa might no longer be valid, despite being Feb 2025 the expiry date. This has been extensively discussed here on the forum with members in a similar situation.

I think the safest option would be for the whole family to apply from home country.

If your plans were to stay in the UK, I wonder why you didn't apply for a Graduate visa after completion of studies.

mohamedraza1
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Re: Applying skilled worker visa within UK vs outside UK

Post by mohamedraza1 » Fri Sep 20, 2024 7:06 pm

I have already spoken to the department that deals with home office and reporting in my university and they have informed that they will not be informing regarding completion of studies as of yet , as course completion will take another one month to get done and currently am doing the rest of the work remotely and convocation is December 2024 , thus the uni informed since course completion will take one more month and convocation is a month after ,(dec 2024 ) and visa completion on Jan 30 -2025 ,they say will leave it for until then to ensure us to attend graduation too .
Thus , with a valid student visa until Jan 30 -2025 and having the eligibility to start my work visa application from November - my confusion is simply between applying from within uk or outside uk (where it will be considered a fresh application) Which is the safer bet basically.

lolo2
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Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Applying skilled worker visa within UK vs outside UK

Post by lolo2 » Fri Sep 20, 2024 7:21 pm

Then you haven't yet completed studies in the UK, which is a different scenario you described at the beginning.
mohamedraza1 wrote:
Thu Sep 19, 2024 7:35 pm
I have completed my studies in uk
In any case, given your particular circumstances: with a baby coming soon, already left the UK, etc I still think - and somehow you also agree - the safer and less stressful option would be applying from home country.
Last edited by lolo2 on Fri Sep 20, 2024 7:25 pm, edited 1 time in total.

mohamedraza1
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Re: Applying skilled worker visa within UK vs outside UK

Post by mohamedraza1 » Fri Sep 20, 2024 7:23 pm

Thank you

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CR001
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Re: Applying skilled worker visa within UK vs outside UK

Post by CR001 » Fri Sep 20, 2024 7:27 pm

For info, you cannot switch to Skilled Worker within the UK if you have not completed your studies and the university has informed UKVI. The rules changed earlier this year.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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