Tier 1 PSW Dependant sponsored for Tier 2 General visa

[deerox]

Hi all

I'm currently on a Tier 1 PSW dependant visa residing in the UK with my husband who is the main Tier 1 PSW visa holder. We both are in full time employment, and over 12 months with our respective employers.

Our PSW visa expires in July 2013. My employer is willing to sponsor me a Tier2 general visa.

According to the UKBA website, "you do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under: Tier 1 (Post-study work)"

Does that apply to dependants as well? that even though I'm on a Tier 1 PSW dependent visa, my employer will not need to do the resident labour market test?

Any advice will be appreciated

Thank you

[physicskate]

Hi all

I'm currently on a Tier 1 PSW dependant visa residing in the UK with my husband who is the main Tier 1 PSW visa holder. We both are in full time employment, and over 12 months with our respective employers.

Our PSW visa expires in July 2013. My employer is willing to sponsor me a Tier2 general visa.

According to the UKBA website, "you do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under: Tier 1 (Post-study work)"

Does that apply to dependants as well? that even though I'm on a Tier 1 PSW dependent visa, my employer will not need to do the resident labour market test?

Any advice will be appreciated

Thank you

No - what applies to the PBS visa holder does not also apply to the dependent.

[bnagdev282]

Thanks physicskate . but is there anywhere on UKBA website that mentions that psw dependant should undergo RMLT .. can u pls share the link ..thanks

[VickyImmy]

Im afraid you cannot switch from PSW Dependant to TIER 2 general within UK. You have to apply from outside UK.

And once you are outside UK you need to fulfill RLMT and Restricted CoS.
(unless your job is in Shortage list or you earn more than 152,000 pounds)

[bnagdev282]

Thanks Vicky .. So will my employer need to terminate my existing contract and re-hire me ...also it will be great if u can share the official link confirming ur answer ..thanks

[VickyImmy]

Yes! Something like that. you need to go through all formalities for TIER 2 Gen outside UK.

You can check in the TIER 2 policy guidance statement on who are eligible to switch into TIER 2 General. As for dependants, only TIER 4 dependants are allowed to switch within UK.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf