Tier1(General)Dependant switching to Tier2(General)Migrant

[eshaghbina]

Hi guys,
We (all family) came to UK on Aug 2010 with Tier 1 (General) Visa. I'm the main applicant. My wife is dependant. The visa is valid for 2 years. I can not extend the Tier 1 (General) visa unfortunately.

My wife found a job and now she can apply for Tier 2 (General) Visa. At the moment I am getting confused learning that we must apply from outside the UK for Tier 2 (General). Is that correct ? Please let me know. Thanks for your time.

[Agastya80]

Hi guys,
We (all family) came to UK on Aug 2010 with Tier 1 (General) Visa. I'm the main applicant. My wife is dependant. The visa is valid for 2 years. I can not extend the Tier 1 (General) visa unfortunately.

My wife found a job and now she can apply for Tier 2 (General) Visa. At the moment I am getting confused learning that we must apply from outside the UK for Tier 2 (General). Is that correct ? Please let me know. Thanks for your time.

Please see rules regarding switching to Tier 2 General at the link below

http://www.ukba.homeoffice.gov.uk/visas ... /applying/#

I think one cannot switch from Tier 1 Dependant category to Tier 2 General and your wife will have to apply from outside for Tier 2 General and application will be subject to Restricted COS.

[manci]

Hi guys,
We (all family) came to UK on Aug 2010 with Tier 1 (General) Visa. I'm the main applicant. My wife is dependant. The visa is valid for 2 years. I can not extend the Tier 1 (General) visa unfortunately.

My wife found a job and now she can apply for Tier 2 (General) Visa. At the moment I am getting confused learning that we must apply from outside the UK for Tier 2 (General). Is that correct ? Please let me know. Thanks for your time.

Please see rules regarding switching to Tier 2 General at the link below

http://www.ukba.homeoffice.gov.uk/visas ... /applying/#

I think one cannot switch from Tier 1 Dependant category to Tier 2 General and your wife will have to apply from outside for Tier 2 General and application will be subject to Restricted COS.

Hi Agastya80

The policy guidance states that one can switch to Tier 2 (General) from any Tier 1 category. Don't you think this includes Tier 1 dependants?

[Greenie]

Hi guys,
We (all family) came to UK on Aug 2010 with Tier 1 (General) Visa. I'm the main applicant. My wife is dependant. The visa is valid for 2 years. I can not extend the Tier 1 (General) visa unfortunately.

My wife found a job and now she can apply for Tier 2 (General) Visa. At the moment I am getting confused learning that we must apply from outside the UK for Tier 2 (General). Is that correct ? Please let me know. Thanks for your time.

Please see rules regarding switching to Tier 2 General at the link below

http://www.ukba.homeoffice.gov.uk/visas ... /applying/#

I think one cannot switch from Tier 1 Dependant category to Tier 2 General and your wife will have to apply from outside for Tier 2 General and application will be subject to Restricted COS.

Hi Agastya80

The policy guidance states that one can switch to Tier 2 (General) from any Tier 1 category. Don't you think this includes Tier 1 dependants?

no, it doesn't. A dependent of a tier 1 migrant is a PBS dependent, not a tier 1 migrant in his or her own right.

switching from within the UK is not an option.

[eshaghbina]

Hi guys,
We (all family) came to UK on Aug 2010 with Tier 1 (General) Visa. I'm the main applicant. My wife is dependant. The visa is valid for 2 years. I can not extend the Tier 1 (General) visa unfortunately.

My wife found a job and now she can apply for Tier 2 (General) Visa. At the moment I am getting confused learning that we must apply from outside the UK for Tier 2 (General). Is that correct ? Please let me know. Thanks for your time.

Please see rules regarding switching to Tier 2 General at the link below

http://www.ukba.homeoffice.gov.uk/visas ... /applying/#

I think one cannot switch from Tier 1 Dependant category to Tier 2 General and your wife will have to apply from outside for Tier 2 General and application will be subject to Restricted COS.

Hi Agastya80

The policy guidance states that one can switch to Tier 2 (General) from any Tier 1 category. Don't you think this includes Tier 1 dependants?

no, it doesn't. A dependent of a tier 1 migrant is a PBS dependent, not a tier 1 migrant in his or her own right.

switching from within the UK is not an option.

You are right. Thanks for the helps.
How about the the ILR? Do you reckon our nearly 2 years of stay in UK with Tier 1 will be counted for the ILR in spite of switching from Tier 1 Dependant to Tier 2 Migrant?
Thanks for the reply.

[Greenie]

You are right. Thanks for the helps.
How about the the ILR? Do you reckon our nearly 2 years of stay in UK with Tier 1 will be counted for the ILR in spite of switching from Tier 1 Dependant to Tier 2 Migrant?
Thanks for the reply.

it will not count towards the 5 year's residence for ILR as a PBS migrant. It will count towards 10 years long residence. Note that your wife will be subject to the new tier 2 rules and will have to be issued a Restricted CoS. You will also need to leave the UK to apply for a PBS dependent visa.

[eshaghbina]

You are right. Thanks for the helps.
How about the the ILR? Do you reckon our nearly 2 years of stay in UK with Tier 1 will be counted for the ILR in spite of switching from Tier 1 Dependant to Tier 2 Migrant?
Thanks for the reply.

it will not count towards the 5 year's residence for ILR as a PBS migrant. It will count towards 10 years long residence. Note that your wife will be subject to the new tier 2 rules and will have to be issued a Restricted CoS. You will also need to leave the UK to apply for a PBS dependent visa.

Thanks for reply.

[eshaghbina]

You are right. Thanks for the helps.
How about the the ILR? Do you reckon our nearly 2 years of stay in UK with Tier 1 will be counted for the ILR in spite of switching from Tier 1 Dependant to Tier 2 Migrant?
Thanks for the reply.

it will not count towards the 5 year's residence for ILR as a PBS migrant. It will count towards 10 years long residence. Note that your wife will be subject to the new tier 2 rules and will have to be issued a Restricted CoS. You will also need to leave the UK to apply for a PBS dependent visa.

Yes, you are right. How about this one (Page 42 of Tier 2 Policy Guidance):
Tier 2 (General) under the Rules in place on or after 6 April 2011; and
You have not since been granted leave to remain, entry clearance or leave to enter in any other route.

what does it mean? Can we extend our visa (leave to remain) after Tier 2 (General) expired after 3 years? Or not our Tier 1 will be counted here, taking into account in the Tier 1 my wife is dependant???

Thanks for your time and reply in advance.

[T12T2]

Could you check again ? I called HO they said you can switch from T1 (main applicant) to T2 (dependent) visa without leaving U.K but Tier 1 Dependent need to apply for Tier 2 Visa from back home. The five year counter of tier1 will start again.

[CR001]

Could you check again ? I called HO they said you can switch from T1 (main applicant) to T2 (dependent) visa without leaving U.K but Tier 1 Dependent need to apply for Tier 2 Visa from back home. The five year counter of tier1 will start again.

This topic is 4 years old from 2012. Please do not dig up all the old topics. If you have a question regarding an application, start your own topic/thread.