psw-dependent to tier 2 general

[shipras]

Hello,

My husband is on PSW dependent at the moment. He got this visa from India but he has been working on this visa for more than 6 months in UK now. His company is ready to sponsor him for tier-2 general. My question was in order to get tier-2 general visa, will he need to go back to India or he could get it stamped from UK itself?

Thanks in advance.

Regards,
Shipra Sharma

[iworker]

from india only.

[shipras]

Thanks.. I had few more questions

1. I'm on PSW - primary applicant(got my visa stampted from UK)---if my husband being a psw-dependent gets his tier-2 visa (primary) stamped from India...do I also need to go to India to get tier-2 dependent visa?

And if we initially get it for 3 years.. do we need to go back to India for extension?

2. Will we be considered for ILR after completion of 5 years? Or a cooling period will be required?

3. How easy is it to switch between dependent-primary applicant? For eg. if I manage to get tier -2 general and my husband becomes my dependent for the time being... Will he still need to go to India for this stamping?

4. Can he easily switch to tier-2 as a primary applicant ?

sorry for so many questions.. we are just so confused..
Thanks a lot in advance!!!

Regards,
Shipra

[iworker]

i think this is tricky quesiton and i am not too sure about it .
but i think u might not be able to change to his dependent in country and will have to apply visa from india.. but for him to chane from tier 2 back to ur dependent in case u get an extended tier 2 as well might be possible coz he has been previously as a dependent on u..

u will be considered for ILR as long as one of u stays on tier 2 continuiosly for 5 year, or any one of u remains on any valid visa for 10 year continuos.

its easy for him to change to tier 2 if he has a valid COS

[shipras]

Thanks you so much for your replies. So the case in which he has a valid cos and is working for a company for around 6 months in a perm role with a salary of 35 k in psw-dependent at the moment..

For changing his category to tier 2 general I know he will need to go to India but will he also need to go through ' International Labor Test' in this case as he is already employed with this company for 6 months?

Thanks in advance

Regards,
Shipra Sharma

[iworker]

since he is going to be issued with a restricted COS, he will have to undergo RLMT.
It does not matter if he has been previously employed by the company or not,
regarding the salary of 35k, only way he is exempt from RLMT is if he has salary of over 152k a year.
also please note besides undertaking the RLMT, the company is going to issue a restricted COS, which unlike unrestrcited cos can only be issued to about 20,000 in all in a year. If the company does not have an allocation of restricted cos at the moment, they will have to apply for one which is also a cumbersome process and notification of which is given on 11 of every month.

hope this helps.

[shipras]

Yes, this definetly helps in clarifying my doubts. Thanks a lot!

Regards,
Shipra Sharma

[manci]

If the company does not have an allocation of restricted cos at the moment, they will have to apply for one.

Please note that sponsors don't have allocations of restricted CoSs, they have to be applied for each time.

[shipras]

Thanks for the info..