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Switching from tier 4 to Tier 2

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

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navisavi
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Switching from tier 4 to Tier 2

Post by navisavi » Sun Oct 25, 2015 9:59 pm

I came with my husband and two kids on Student visa in September 2015. The visa expires in Jan 2017. My husband is eligible to work for any employer on Tier 4 dependent visa. He has been offered a job now and the company is willing to sponsor his Tier 2 visa. Is it possible for me to apply with him and switch from Tier 4 to Tier 2 dependent from within UK.

physicskate
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Joined: Tue Oct 30, 2012 10:46 am

Re: Switching from tier 4 to Tier 2

Post by physicskate » Sun Oct 25, 2015 10:55 pm

navisavi wrote:I came with my husband and two kids on Student visa in September 2015. The visa expires in Jan 2017. My husband is eligible to work for any employer on Tier 4 dependent visa. He has been offered a job now and the company is willing to sponsor his Tier 2 visa. Is it possible for me to apply with him and switch from Tier 4 to Tier 2 dependent from within UK.
He will need a restricted Certificate of Sponsorship and he must apply from out of the UK. He will need to pass the RLMT. You will be able to switch to dependent from within the UK.

navisavi
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Re: Switching from tier 4 to Tier 2

Post by navisavi » Mon Oct 26, 2015 9:09 am

We were told he is eligible to apply from Tier 4 dependent to Tier 2 restricted certificate of sponsorship from within UK

Read the following taken from ukba website.

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.

If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination, overseas qualified nurse, person writing up a thesis, postgraduate doctor or dentist or student union sabbatical officer, you must have lawfully obtained a UK bachelors or masters degree, postgraduate certificate in education or professional graduate diploma of education during your current or last permission to stay (period of continuous leave). This does not include, for example, vocational qualifications at degree level which are not degrees. If you are a PhD student, you do not need to have completed your course, but you must have completed at least 12 months' study towards it in the UK.

You must have obtained one of the named qualifications above:

at a UK institution that is a UK recognised or listed body, or one which holds a sponsor licence under Tier 4 of the points-based system; and
during your most recent period of permission to stay, or period of continuous permission to stay that includes your most recent permission to stay - this must have included permission for you to study for the qualification.

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gag285
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India

Re: Switching from tier 4 to Tier 2

Post by gag285 » Mon Oct 26, 2015 9:19 am

navisavi wrote:I came with my husband and two kids on Student visa in September 2015. The visa expires in Jan 2017. My husband is eligible to work for any employer on Tier 4 dependent visa. He has been offered a job now and the company is willing to sponsor his Tier 2 visa. Is it possible for me to apply with him and switch from Tier 4 to Tier 2 dependent from within UK.
Yes this is allowed under current rules and you and main applicant ( Tier 4 dependent currently) can apply from within UK. Good luck

physicskate
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Joined: Tue Oct 30, 2012 10:46 am

Re: Switching from tier 4 to Tier 2

Post by physicskate » Mon Oct 26, 2015 10:15 am

Yeah sorry for the bad info previously, that rule changed some months ago and I forgot!

He will still need RLMT.

navisavi
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Re: Switching from tier 4 to Tier 2

Post by navisavi » Mon Oct 26, 2015 3:14 pm

So it is confirmed he can apply from within UK. Can I apply as his dependent at the same time. Do I have to wait for my student visa to complete and then apply after one year.

physicskate
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Re: Switching from tier 4 to Tier 2

Post by physicskate » Mon Oct 26, 2015 3:46 pm

navisavi wrote:So it is confirmed he can apply from within UK. Can I apply as his dependent at the same time. Do I have to wait for my student visa to complete and then apply after one year.

Have you read the list you posted and the guidance? It says in Tier 4 dependents can switch in country...
You are not applying, so it is irrelevant how long you have been on your Tier 4.

kuzaaah
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Re: Switching from tier 4 to Tier 2

Post by kuzaaah » Mon Oct 26, 2015 4:03 pm

what occupation is your husband involved in?

navisavi
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Re: Switching from tier 4 to Tier 2

Post by navisavi » Mon Oct 26, 2015 7:21 pm

Hi is a senior software developer

navisavi
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Posts: 11
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Re: Switching from tier 4 to Tier 2

Post by navisavi » Mon Oct 26, 2015 7:24 pm

Actually I plan on applying as his dependent on Tier 2. I still have 11 months left on Tier 4. Can I apply with him at the same time or I have to wait until my studies are complete.

physicskate
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Joined: Tue Oct 30, 2012 10:46 am

Re: Switching from tier 4 to Tier 2

Post by physicskate » Mon Oct 26, 2015 7:26 pm

navisavi wrote:Actually I plan on applying as his dependent on Tier 2. I still have 11 months left on Tier 4. Can I apply with him at the same time or I have to wait until my studies are complete.
Whenever you like - with him or anytime after (well, before your leave expires).

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