Switching From Tier 4 Student Dependent To Tier 2 Applicant

[PJANI]

Hello

My name is Priyanka. I came to London in 2010 as Dependent Wife of my husband who is Tier 4 Student. We have student visa / dependent visa valid till April 2015. I am working as Health Care Assistant in a Private Care Home since 2010. I am allowed to work full time whereas my husband who is a student is not allowed to work in UK after his new visa extended in March 2012.

My Employer wants to sponsor me as a full time permanent staff.

My concern is to request all of you to guide me with your professional expertise and please guide me in my following questions / concerns

(1) Whats the procedure we have to follow to switch from Tier 4 Dependent Visa to Tier 2 Main Applicant..?
(2) Can my husband allowed to switch as my dependent..?
(3) Can my husband work full time as my dependent..? Can he work while our file is under process..?
(4) Any other formalities which you think we have to take care of..

We will be obliged if you guide us in our above concerns...

Thanks & regards
Sincerely

Priyanka Jani

[manci]

Hello

My name is Priyanka. I came to London in 2010 as Dependent Wife of my husband who is Tier 4 Student. We have student visa / dependent visa valid till April 2015. I am working as Health Care Assistant in a Private Care Home since 2010. I am allowed to work full time whereas my husband who is a student is not allowed to work in UK after his new visa extended in March 2012.

My Employer wants to sponsor me as a full time permanent staff.

My concern is to request all of you to guide me with your professional expertise and please guide me in my following questions / concerns

(1) Whats the procedure we have to follow to switch from Tier 4 Dependent Visa to Tier 2 Main Applicant..?

Your employer has to be a licenced sponsor and apply for a restricted CoS for you which involves doing a RLMT. Once the restricted CoS has been assigned you can apply for leave to remain from within the UK. Note that the job has to be NQF level 6 (health care assistant is not, it is a lower skilled occupation)

(2) Can my husband allowed to switch as my dependent..?
yes
(3) Can my husband work full time as my dependent..? yes Can he work while our file is under process..?
no, except work allowed on his T4 visa

(4) Any other formalities which you think we have to take care of..

We will be obliged if you guide us in our above concerns...

Thanks & regards
Sincerely

Priyanka Jani

[PJANI]

Dear Manci

Thank you for your guidance...My Employer already done Resident Labour Market Test (RLMT). They agreed to sponsor me with Restricted Certificate of Sponsorship (COS). They promoted me to Senior Health Care Assistant (which is again not NQF Level 6, I think so)...In Past - they have sponsored some candidates from India (who are appointed and still working as Senior Health Care Assistant within the organisation)

Is there any chances to get my application rejected..? I wish to start my process by the end of Jan. 2014..It will be a great help if you send me further details on the process..It will be a great help if you send me personal email guidance as well (priyanka_s_jani@yahoo.co.in) alongwith the public reply in this forum.

[manci]

Unfortunately if the job is not NQF level 6 your application will be refused.

You can check which jobs are NQF level 6 here:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf