Change from Tier2 General Dependent to Tier2 General

[Jann]

Hi,

My current visa status is Tier 2 General Dependent. I have completed 4 years on this visa.
I and my husband are getting divorced in India (which will be finalized by end of this year Dec 2017)and so I might have to request my employers to sponsor me Tier 2 General Visa. I am illegible for ILR in May 2018. Its just for 6 months that I need my employers to sponsor my visa.
My questions are:

1. Can I remain on Tier 2 General Dependent event after divorce (for a period of 6 months )and apply for ILR? Is this something not legal?

2. If I request my employer for visa will my ILR clock set to zero?

3. Do I have to go back to India for my visa application?

Any pointers would be appreciated .

Thanks in advance.

Kind Regards,
Jann

[CR001]

1. No you cannot stay if the relationship has ended. Your spouse has an obligation to inform HO of this. You are unable to apply for ILR on your own as a PBS dependent. You only qualify if your spouse does and you are still in a subsisting marriage.

2. Yes it will. If you apply for Tier 2 General, you start a new 5 year residence period. You cannot use the time you have spent as PBS dependent to make up 5 years.

3. Yes, you can only apply for Tier 2 General from your home country. Your employer will have to complete the full and proper RLMT process before they can sponsor you to prove you have not been pre-selected for the position, assuming your sponsor has a sponsor license.

[Jann]

Hi,

Thanks a lot for clarifying .

[Jann]

Hi,

Once I get sponsorship from my Employer do I have to wait another 5 years to get my ILR?

Is there any other option I can apply for my ILR before that?

Kind Regards,
Jann

[CR001]

Once I get sponsorship from my Employer do I have to wait another 5 years to get my ILR?

Yes.

Is there any other option I can apply for my ILR before that?

No there is not. If you are divorced from your spouse who your visa is based on, you cannot use that route or time to count towards ILR based on 5 years residence.