switching post study work to dependant / tier 2 HELP PLIZ

[adamski2010]

Hi all, i am seeking assistance . My situation stands as follows. i have a post study work visa which expires in december 2010. i am currently employed and earning over 25000 per annum.I only got the job 7 monthes ago and was confirmed as a permanent member last month.

I intended to extend my stay by switching to the tier 2 since i do not score enough points for the highly skilled migrant program. However in light of the recent changes announced on the 19th of July, i think i will not be able to extend under tier 2. My reasons are that , firstly my would be sponser is not yet registered though they said they are willing to help me and secondly and more importantly i realised the job i am doing (quality control inspector) falls under low skilled jobs . So am thinking even if my employer were to be registered my job does not qualify for tier 2. Is it possible my employer can just use a job despcription to suit the tier 2 , even though thats not what i am really doing ? Also am thinking are my chances not slim of getting tier 2 because of the new regulations

I am thinking my only other option is to have my wife who will be completing her msc to switch from being my dependant and get the PSW, and i become her dependant. My wife is expecting in septemeber, i dont know if this has any advantage. Anyway i know for my wife to become the main migrant or switch to psw from being my dependant, she has to return to my home country and show 2800 for the maintenance money among other things. Is it possible that she can make her application in my home country and i send her my passport when she goes so she applies for me and the child at the same time, and i remain working here as she sorts it out.

I hope i have been clear, i would really be grateful for assitance and possible options that i may take as its only 4 monthes to go before my visa expires. My ideal situation is to get an extension for at least another year and to be able to keep going to work, and given i can not try 3 methods or at least at the same time, am looking for options to take and the most likely to succed . Please advise

[geriatrix]

1. You can only switch to Tier 2 if you get sponsorship and meet the other specified requirements.
2. For your wife to change from dependent to PSW main migrant, and for you to change from main migrant to PSW dependent, you all (family) will need to apply from home country.
3. Since biometrics of each applicant is now required (children excluded if under certain age, do check), I guess every applicant must travel.

regards

[adamski2010]

thanks a lot for your response. What do you think is the best option for me given that my actual current job description does not meet the requirements for tier 2.

Would you say going back to my home country is the best ? How much money should have for maintenance for me and my wife, our child is due in september. i intend to put aside the maintenance money from the end of this month.

I then can apply in november, what i am not certain off is how long does it take for the application on average , and is it automatic i will be granted the visa provided we have meet all the requirements ? The child will be approxmately 2monthes old when i intend to apply. I am hoping i can take leave from work in November and make the application and get the visa without having to resign , as i need to continue working

Please advise,. If anyone has done the same may you please comment about your experience on switching from psw dependant to psw main migrant or vice versa .

[geriatrix]

The immigration rules allow you to change status (main to dependent & vice-versa), but from outside the UK (home country). So, as long as you qualify and submit evidences as required, you (all) should be granted EC as desired.

Read the Tier 1 (PSW) policy guidance and PBS dependents policy guidance *carefully* for details regarding documentary evidence(s) and maintenance funds. Also see
INF25
Guide to visa processing times
How to apply


regards

[adamski2010]

cheers mate

[adamski2010]

Sorry another question. As there is no real advantage applying together in the home country , or at least from my understanding, is it possible that one can use the same account to make an application.

What i mean is that, my wife and i are signatories to the same account, so if say we have maintained 2800 required for main migrant psw, and she applies and gets her visa. can i then apply say a few weeks later using the same account to show that i have maintained a balance of 1600

Also is it not possible that my wife can switch to the main migrant , come back to the uk and then i apply to be dependant whilst i am in the uk

[geriatrix]

If there is a verification done with your bank and they disclose that you have been maintaining only 2800 pounds in the account, then dependent EC application(s) may be refused.

As explained, changes to immigration category for you and spouse can only be done from outside the UK.

regards