from tier 2 dependent to tier 1 visa

[NZ]

Hello,

My wife and I moved over to the UK from the US about 6 months ago because my wife was offered a position in her companies London office. They sponsored her tier two visa and my dependent visa. Unfortunately the new role has not gone well and my wife would like to leave her job. On the other hand I found a very good, lucrative job that we don't want to give up. Unfortunately it is at a very small company and I don't think they will sponsor us. I qualify for a tier 1 visa though, so I am going to apply for that.

I am having trouble finding information about if I loose my right to work here as soon as she leaves, or if I have a period of time to work out a new visa. I also am trying to find out of there are any extra steps in applying for a tier 1 when I already have a UK job, flat, and visa.

Thanks for your time,
NZ

[geriatrix]

You'll have to apply for Tier 1 (General) from your home country / country of legal residence (other than UK).


regards

[NZ]

Thank you.

do you happen to know if I have to leave my job when my wife does? Or do I get a period of time after she leaves?

Also as I have to apply from my home country do I have to be there from the initial application through the granting of the visa? Or just for a certain segment of the process? Also does the same thing apply if my job does sponsor me for a tier 2 visa?

It strikes me as an odd rule too. I am in the UK already, I already have a visa, I did all the biometric checks, security checks and I am employed in the UK. What is the rational in having me leave to change the type of visa I am working under? It seems that while I am here, earning a high salary, I am generating revenue for the government (through income tax and VAT on my purchases) so really having me leave and then come back is decreasing government revenue. Not that all government policy is necessarily coherent but I was wondering if anyone knows the logic behind this law?

[Markie]

normally given is 28days...

tracing your argument mentioned below...when you came in here you were the dependant so the onus was on your wife. It just so happened that you managed to find work and paid higher salary.

when you apply as the main applicant in T1, the roles will be reversed thus you take the lead and your wife as dependant. as per current rule all initial applications shall be submitted in home country.

Had it been the other way around, that your wife will apply for t1 rather than you then both of you will not leave as she has been granted a visa that allows her to shift to T1.

will your wife able to apply in T1 rather than yourself? to minimise disruption for both of you? if yes, let her apply as T1.

one more to consider is the cap applied to all t1 applications per month.

Thank you.

do you happen to know if I have to leave my job when my wife does? Or do I get a period of time after she leaves?

Also as I have to apply from my home country do I have to be there from the initial application through the granting of the visa? Or just for a certain segment of the process? Also does the same thing apply if my job does sponsor me for a tier 2 visa?

It strikes me as an odd rule too. I am in the UK already, I already have a visa, I did all the biometric checks, security checks and I am employed in the UK. What is the rational in having me leave to change the type of visa I am working under? It seems that while I am here, earning a high salary, I am generating revenue for the government (through income tax and VAT on my purchases) so really having me leave and then come back is decreasing government revenue. Not that all government policy is necessarily coherent but I was wondering if anyone knows the logic behind this law?