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Tier 2 Dependent switch

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Tier 2 Dependent switch

Post by poper » Sun Aug 30, 2015 5:55 pm

Hello

I am in the UK since Sep 2010 on Tier 2 ICT Established Staff visa along with my dependents. Our present leave expires by Jan 2017.

I am looking for sponsors to switch to Tier 2 General. In case I switch to Tier 2 General, do my dependents also need to switch/apply for new leave immediately to kick-off their ILR clock as Tier 2 General Dependents?

Thx
poper
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 Dependent switch

Post by geriatrix » Sun Aug 30, 2015 7:04 pm

Unlike how the principal migrant belongs to various sub-categories (ICT-ST, ICT-LT, Graduate Trainee, Skills transfer, shortage, General, etc.) within a category (Tier 2), a dependant belongs to just one category "PBS dependant". So, Tier 2 (ICT) dependant is no different from Tier 2 (General) dependant!

A dependant's leave relies on the leave of the principal migrant, and not on the principal migrant's employer / sponsor / employment.

There is no requirement in the immigration rules (319C) to suggest that the dependant must make a new leave to remain application at the same time when the principal migrant is switching categories (e.g. - from Tier 2 ICT to Tier 2 G).

A dependant's eligibility to settlement relies on the eligibility of the principal migrant for settlement and the time spent in UK as a "dependant of the same principal migrant (i.e. - same person)". The immigration rules (319E) do not state anything about the dependant having spent a given period of time in a specific sub-category (ICT, General, etc.) of Tier 2 dependant leave to be eligible for settlement.

IMHO ....
Life isn't fair, but you can be!

poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: Tier 2 Dependent switch

Post by poper » Sun Aug 30, 2015 7:29 pm

sushdmehta wrote:Unlike how the principal migrant belongs to various sub-categories (ICT-ST, ICT-LT, Graduate Trainee, Skills transfer, shortage, General, etc.) within a category (Tier 2), a dependant belongs to just one category "PBS dependant". So, Tier 2 (ICT) dependant is no different from Tier 2 (General) dependant!

A dependant's leave relies on the leave of the principal migrant, and not on the principal migrant's employer / sponsor / employment.

There is no requirement in the immigration rules (319C) to suggest that the dependant must make a new leave to remain application at the same time when the principal migrant is switching categories (e.g. - from Tier 2 ICT to Tier 2 G).

A dependant's eligibility to settlement relies on the eligibility of the principal migrant for settlement and the time spent in UK as a "dependant of the same principal migrant (i.e. - same person)". The immigration rules (319E) do not state anything about the dependant having spent a given period of time in a specific sub-category (ICT, General, etc.) of Tier 2 dependant leave to be eligible for settlement.

IMHO ....
Thank you sushdmehta
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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