Switching from Tier 4 dependent to Tier 2 general

[soma7474]

Hi

one of my friend is dependent of TIER 4 student.

Can he switch in to TIER 2 GENERAL. if his application will be successful.

Can his wife will switch from TIER 4 to TIER 2 dependent within the UK.

As per my understanding she can switch to TIER 2 dependent after 28th October 2013.

Expertise opinion required.

[manci]

Dependants of Tier 4 (General) students can switch into Tier 2 (General) from within the UK but they need a restricted CoS.

Your friend's wife can switch from T4 to PBS dependant from within the UK

[sancha]

Can Tier-2 dependant switch to Tier-4 inside UK in current rules?

[soma7474]

Dear: Manci

He wants to apply in person in UKBA PEO application, Do you know which documents require a part from COS, English language course B1 and maintenance.

I check UKBA TIER 2 guidance there is no reference of restricted cos for dependent of tier 4 switching to tier 2 general inside country. Inside UK unrestricted cos required.

Can you provide reference?

[soma7474]

Dear: Sancha

NO, dependent of TIER 2 cannot switch to TIER 4 within the UK in his own.

please see page no 77/78

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

[sancha]

Thanks, correct, Tier-2 Dependant cannot switch to Tier-4 within UK (reference page 9 of 77).

Now, assume a scenario that Tier-2 Dependant (say wife) returns to home country and then apply and get Tier-4 visa in home country and then come to UK on Tier-4 visa for a course more than 12 months and master level.

After returning of wife in the UK on Tier-4 visa, can her husband (who is currently on Tier-2) and Kids (who are currently on Tier-2 dependant) switch to Tier-4 dependant inside the UK on the basis of her Tier 4 visa?
OR
Husband and kids needs to go to home country and then apply for Tier-4 dependant visa from home country to come back in UK?

[manci]

I check UKBA TIER 2 guidance there is no reference of restricted cos for dependent of tier 4 switching to tier 2 general inside country. Inside UK unrestricted cos required.

Can you provide reference?
para 58 in the T2 policy guidance

[soma7474]

Dear: Manci

Thank you for your information and corrected my error.

But my friends cos is already issued by his purposed employer as unrestricted cos.

Can he apply for the TIER 2 visa in public inquiry office (he already booked appointment)?

Whats the out come of the application in you opinion, employer already assigned cos and UKBA grant certificate of sponsorship to him straightaway?

This needs your early reply.

[manci]

Your friend's sponsor should have known better. As licenced sponsors they should have been familiar with paras 166, 168, 230, etc. of the T2 sponsor guidance. By assigning an unrestriicted CoS to your friend, who is the dependant of a T4 migrant. they contravened the rules. Your friend's application is very likely to be refused.

[soma7474]

Dear: Manci


How UKBA immigration ppl's know that this is restricted cos or unrestricted cos, because ukba sponsor management system only knows about the restricted and un restricted. he speak with his purposed employer, he says we already issued one unrestricted cos to dependent of TIER 4 applicant last month and application was approved.

Could you shed some light.