PSW dependant to tier 2 main applicant

[jason32]

Hi guys,

I am on PSW visa and my wife is my dependant, but now she has found a job at NHS and they've agreed on sponsoring her Tier 2 visa. Can my wife apply from within UK or does she has to travel to her country and apply from there?

We have to apply soon so please any help would be appreciated.

Thanks,

[physicskate]

Hi guys,

I am on PSW visa and my wife is my dependant, but now she has found a job at NHS and they've agreed on sponsoring her Tier 2 visa. Can my wife apply from within UK or does she has to travel to her country and apply from there?

We have to apply soon so please any help would be appreciated.

Thanks,

She needs entry clearance, so she must apply from outside the UK...


http://www.ukba.homeoffice.gov.uk/visas ... igibility/

"Can you switch into Tier 2 (General)?
If you currently have permission to stay in the UK under any of the following immigration categories, you can apply to Tier 2 (General) from inside the UK:
any Tier 1 category
Tier 2 (Sportsperson)
Tier 2 (Minister of religion)
Tier 2 (Intra company transfer: established staff), if you are applying to switch sponsor
Tier 2 (Intra company transfer) under the Immigration Rules n place before 6 April 2010, if you are applying to change sponsor
any Tier 4 category
Tier 5 (Temporary worker - creative and sporting), for a job as a professional footballer - but you must meet the Tier 2 requirements, including English language
dependent partner of a Tier 4 migrant
Highly Skilled Migrant Programme
innovator
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme)
Business and Commercial work permits (except multiple entry work permits)
Sports and Entertainment work permits (except multiple entry work permits)
Jewish agency employee
Member of the operational ground staff of an overseas-owned airline
minister of religion, missionary or member of a religious order
overseas qualified nurse or midwife
person writing up a thesis
postgraduate doctor or dentist
representative of an overseas business
representative of an overseas newspaper, news agency or broadcasting organisation
student
student re-sitting an examination
student nurse
student union sabbatical officer

If you are not in any of these categories, you must leave the UK and make your Tier 2 (General) application from abroad.
"

[vinny]

Hi Guys,

I am on PSW visa and my wife just got certificate of sponsorship from her employer so she'll be applying for Tier 2 soon so I'll be her dependent. Just want to know can I apply for tier 2 dependent visa from from the uk?

Thanks

[vinny]

You may switch from PSW to Tier 2 (General) dependant from 1 Oct 2013. But your wife cannot switch from PSW dependant to Tier 2 (General) from within the UK.

[jason32]

Yes thats why she is planning to go back next month and apply from there, I'll apply when my PSW is about to expire next year.

I have a couple of more questions if someone can answer please.

1. Does my wife have to do her IELTS again? if yes then is there any minimum score that she has to get?

2. Her employer has also given her the letter for maintenance that says they'll be responsible for her first month in the country for up to £900. Is that ok? does she still need to show any funds in her account when applying from Pakistan?

[manci]

1. read the T2 policy guidance para 117 and onwards
2. no

[jason32]

Thanks guys just one last thing thats bothering me:

The maintenance letter that the employer gave my wife mentions that they'll be responsible for accommodating my wife for first 2 months of her arrival but it does not mention the amount of £900. Is that ok or should I ask them to mention that?

She'll be applying from Pakistan.

[manci]

She doesn't need a maintenance letter if the sponsor certified maintenance when they assigned the CoS. She should get this confirmed by the sponsor or, better still, ask them to give her a printout of the CoS.

[jason32]

Thank you for your kind responses, just a few more questions:

1. When my wife applies from Pakistan for Tier 2 general, would she still need to do the TB test? Shes been in UK for last 2 years and working for NHS.

2. My wife is already working on the same position she is applying Tier 2 for, and the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013. Is that OK? or should we ask the employer to change that and use some future date? All jobs for doctors at NHS are filled no later than Aug every year.

3. She'll be applying around end of October, would she still need to go back to Pakistan or could she just switch from here after than new policy changes in October?

4. Can you please give me the list of documents needed when applying from Pakistan? I've read the policy guidance and I couldnt find anything about the TB test, dont want to miss anything from the application as she cant stay in Pakistan for more than 3-4 weeks due to her job here.

5. In case her Tier 2 application is refused, will she still be able to travel on her current visa to come back to UK? Shes on PSW dependent and its expiring in October 2014.

Thanks guys

[manci]

Thank you for your kind responses, just a few more questions:

1. When my wife applies from Pakistan for Tier 2 general, would she still need to do the TB test? Shes been in UK for last 2 years and working for NHS. TB testing is part of entry clearance applications from certain countries including Pakistan. See: http://www.ukba.homeoffice.gov.uk/polic ... appendixt/

2. My wife is already working on the same position she is applying Tier 2 for, and the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013. Is that OK? or should we ask the employer to change that and use some future date? All jobs for doctors at NHS are filled no later than Aug every year.The work start date in a CoS cannot be in the past. She presumably has a restricted CoS

3. She'll be applying around end of October, would she still need to go back to Pakistan or could she just switch from here after than new policy changes in October? she has to apply for entry clearance from Pakistan. The October changes will only allow T2 migrants to switch to PBS dependant status in-country but not the other way round.

4. Can you please give me the list of documents needed when applying from Pakistan? I've read the policy guidance and I couldnt find anything about the TB test, dont want to miss anything from the application as she cant stay in Pakistan for more than 3-4 weeks due to her job here.

5. In case her Tier 2 application is refused, will she still be able to travel on her current visa to come back to UK? aShes on PSW dependent and its expiring in October 2014. yes, she would be able to travel on her current valid visa
Thanks guys

[jason32]

Thank you for your kind responses, just a few more questions:

1. When my wife applies from Pakistan for Tier 2 general, would she still need to do the TB test? Shes been in UK for last 2 years and working for NHS. TB testing is part of entry clearance applications from certain countries including Pakistan. See: http://www.ukba.homeoffice.gov.uk/polic ... appendixt/

2. My wife is already working on the same position she is applying Tier 2 for, and the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013. Is that OK? or should we ask the employer to change that and use some future date? All jobs for doctors at NHS are filled no later than Aug every year.The work start date in a CoS cannot be in the past. She presumably has a restricted CoS

3. She'll be applying around end of October, would she still need to go back to Pakistan or could she just switch from here after than new policy changes in October? she has to apply for entry clearance from Pakistan. The October changes will only allow T2 migrants to switch to PBS dependant status in-country but not the other way round.

4. Can you please give me the list of documents needed when applying from Pakistan? I've read the policy guidance and I couldnt find anything about the TB test, dont want to miss anything from the application as she cant stay in Pakistan for more than 3-4 weeks due to her job here.

5. In case her Tier 2 application is refused, will she still be able to travel on her current visa to come back to UK? aShes on PSW dependent and its expiring in October 2014. yes, she would be able to travel on her current valid visa
Thanks guys

Yes its a restricted Cos, this is so confusing now. Ok the employer issued the Cos last week with the expiry date of around mid of December, would there be any problem if my wife submits her application at the end of October? I assume once the restricted Cos is issued that means there are still available slots in the 20,000 visas limit per year and the application will not be refused just because of that?

[manci]

the employer issued the Cos last week

Your wife has to apply for entry clearance within 3 months of the date of the CoS.

the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013.

What is the work start date stated in the CoS?

I assume once the restricted Cos is issued that means there are still available slots in the 20,000 visas limit per year and the application will not be refused just because of that?

The quota is only relevant to the allocation of restricted CoSs, not the visa application.

[jason32]

the employer issued the Cos last week

Your wife has to apply for entry clearance within 3 months of the date of the CoS.

the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013.

What is the work start date stated in the CoS?

Start date mentioned on CoS is 3rd of Aug 2013, thats the day the job started as she is already in UK and working. I don't know if they'll lie and change the start date to someday in November or something. Should we apply with that date?

I assume once the restricted Cos is issued that means there are still available slots in the 20,000 visas limit per year and the application will not be refused just because of that?

The quota is only relevant to the allocation of restricted CoSs, not the visa application.

[jason32]

Does anyone know how to proceed now? please?

[manci]

the start date mentioned on her Cos is from the day her contract started that's from 1st Aug 2013.

What is the work start date stated in the CoS?

Start date mentioned on CoS is 3rd of Aug 2013, thats the day the job started as she is already in UK and working. I don't know if they'll lie and change the start date to someday in November or something. Should we apply with that date?

Your wife's job under Tier 2 has not started yet. The job she started on 1 August was as a PBS dependant. The sponsor shouldn't have put a work start date in the CoS that preceded the date of the assignment of the CoS. They should now contact the HO employer helpline (0300 123 4699) and enquire what to do but I think they can add add a sponsor note to the CoS correcting the mistke. Your wife's application is unlikely to be affected by all this

[a87m]

Hi

I am in a slightly different situation.

I am planning to apply for Tier 2 General visa through premium service at UKBA PEO.

I have got my partner as a dependant on PSW Tier1 visa, is it possible that she can apply later until her leave to remain in UK as a PSW dependant is valid?

Or does she have to apply with me at same time for TIER 2 General dependant?