Tier 2 Switching?

[sa9672]

Hi there,

I am currently on a tier 1 (PSW Dependant) visa which expires in December this year. My employers have offered to take a Tier 2 visa for me to continue working for them. My queries are as follows:
1 . Would it be possible for me to apply for a Tier 2 from within the UK?
2. If not, will I need to show documents like English language test (a latest one) when applying from my home country, India? I do have one done in 2008.
3. Will my employer need to do a resident labour test ? This is because I have been working for them for close to a year now and I thought that such a test was not requried in this case. Please advise.

Any tips or advice will be much appreciated. Thank you.
sa9672

[Greenie]

Hi there,

I am currently on a tier 1 (PSW Dependant) visa which expires in December this year. My employers have offered to take a Tier 2 visa for me to continue working for them. My queries are as follows:
1 . Would it be possible for me to apply for a Tier 2 from within the UK?
2. If not, will I need to show documents like English language test (a latest one) when applying from my home country, India? I do have one done in 2008.
3. Will my employer need to do a resident labour test ? This is because I have been working for them for close to a year now and I thought that such a test was not requried in this case. Please advise.

Any tips or advice will be much appreciated. Thank you.
sa9672

You cannot switch from a PSW dependent to Tier 2 from within the UK as 245HD b) is not satisfied.

You need to apply from outside the UK. Your employer would need to issue you a restricted CoS and will either have to be on the shortage occupation list, or your employer will need to do a RLMT unless the salary is over £150,000

See Tier 2 Guidance

[sa9672]

Thanks for your response.
Regards
sa9672

[Peter.Robinson]

Hi

If you are a Tier 1 psw dependant, then the thing to do is to get your spouse to find a job asap.

They can switch in-country from T1 PSW to Tier 2.

If they start soon, their employers may escape the need to advertise the role locally (ie if they work for the employer for 6 months prior to applying to switch to Tier 2)

If your spouse moves from Tier1PSW to Tier 2, you can move from T1PSW dependant to Tier 2 dependant.

I hope this helps