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Working for same company - their 2 main Rejected

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

tomdavis
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Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Sun Aug 06, 2017 4:33 pm

Hi

I am Teir 2 as main applicant. My wife is my dependant. She wants to become the main applicant as her company is going to sponsor her.

She will go back to our country and apply. Can u plz tell what documents will be required to apply for switching? Thanks

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by iworker » Mon Aug 07, 2017 9:16 am

same docs that u submitted when u did your first application as main applicant.

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Mon Aug 07, 2017 10:04 am

iworker wrote:same docs that u submitted when u did your first application as main applicant.
Hi

Thank you for replying.

1. Can you plz tell do we need to give IHS fees again. We have already paid it till 2019 on our current visa. But when she will apply as main applicant do we need to pay again and loose our already paid IHS money?

2. Does she needs TB certificate? She is in uk since Nov 2013.

3. Does she needs criminal record check?

4. Does she need to resign from the job first and then go to our country and apply? Her same company will sponsor her where she is working right now.

5. Can her main applicant application be refused?

6. How much salary is required? She is working for the company for almost two years now. Her salary will increase in oct.

Thanks

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by CR001 » Mon Aug 07, 2017 10:11 am

1. Can you plz tell do we need to give IHS fees again. We have already paid it till 2019 on our current visa. But when she will apply as main applicant do we need to pay again and loose our already paid IHS money?
It has to be paid again.
2. Does she needs TB certificate? She is in uk since Nov 2013.
Probably not.
3. Does she needs criminal record check?
Is her SOC on the list of occupations that require a criminal record check?
4. Does she need to resign from the job first and then go to our country and apply? Her same company will sponsor her where she is working right now.
She can continue working for them. Has the full and proper RLMT been done to prove she has not been 'pre-selected' for the job?
5. Can her main applicant application be refused?
Yes
6. How much salary is required? She is working for the company for almost two years now. Her salary will increase in oct.
Minimum £30,000 if the SOC salary is less than this figure.
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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Mon Aug 07, 2017 11:06 am

5. Can her main applicant application be refused?
Yes


On what basis her application can be refused?
She can be the main applicant. It's her choice.

Thanks

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by CR001 » Mon Aug 07, 2017 11:25 am

On what basis her application can be refused?
It doesn't matter if it is her choice or not. She must meet ALL the requirements for the visa. RLMT is often the reason for refusal, not meeting the salary requirement is another and not meeting the maintenance fund or English requirement are other reasons.
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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Fri Aug 11, 2017 3:15 pm

If my wife gets the visa for main applicant, then how can I leave my job, minimum notice and switch from Teir 2 main to Teir 2 dependant?

What's the procedure?

Thanks

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by CR001 » Fri Aug 11, 2017 3:44 pm

tomdavis wrote:If my wife gets the visa for main applicant, then how can I leave my job, minimum notice and switch from Teir 2 main to Teir 2 dependant?

What's the procedure?

Thanks
Your notice period has nothing to do with switching to Tier 2 Dependent visa. You can switch and then resign if you wish or resign and then switch.
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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Fri Aug 11, 2017 5:09 pm

Thank you dear

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Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:01 pm

Hi ,

My friend is a dependant of Teir 2. He applied for Teir 2 main applicant. He works for a company already for two years. His company agrees to sponsor him. He had some problems and decided to be the main applicant.

He submitted the relevant docs and did not submit the English test certificate . He just written the certificate reference number . According to appendix O , now you don't need to submit the certificate. Just write the reference number and home office check the score online.

His visa got refused that he does not have English score 10 points. Home office said he needs to submit the original certificate.

Then , they ask him why he wants to become the main applicant. What's the reason? They were. It satisfied from his answer.

He already working for that company from last two years. He applied for the senior position with more responsibilities . But they said he can't apply to be the main applicant for the same company where is he already working. Got confused !!!


I am worried. I m the main applicant and my is dependent. My IlR is due next year end but I need to go back to my country for a long time as my mother is seriously ill. My works for a company from last two years and his boss is ready to sponsor her. She wants to become the main applicant . She has trinity college London English ISE(I) B1 level English certificate.

I m worried now.

1) Can her visa be refused? She will apply for higher position in the same company where she works now. Proper RLMT has been done and adds on two websites have been Posted including on universal job match.

We can tel the home office if they ask that she wants to become the main applicant coz I might go back to my country coz of mother illness. And difficult to continue my job as a main applicant. So my wife will become the main applicant and I l her dependant.

2) Can't she apply for the same company?

3) there is no option in the application form to write that she already works for the company and they r just sponsoring her now for. New senior role. But the vfs guys said to my frn that he should have written this i of in the additional information box .

4) Shall we write this info for my wife. How to ensure that everything will go smith and she gets the visa?



Plz help and guide.

Thanks

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Re: Teir 2 main - refused (already working for the company)

Post by CR001 » Mon Sep 04, 2017 3:07 pm

Did your 'friends' sponsor do the full and proper RLMT process to prove your 'friend' was not 'pre-selected'?

Possibly you have not been told the whole story here :idea:
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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:08 pm

Sorry for the grammar and spelling mistakes.

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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:10 pm

CR001 wrote:
Mon Sep 04, 2017 3:07 pm
Did your 'friends' sponsor do the full and proper RLMT process to prove your 'friend' was not 'pre-selected'?

Possibly you have not been told the whole story here :idea:
Yes, proper rmlt has been done for my friend. Everything was ok. Whole story has been mentioned to me. Nothing hidden.

Can u plz guide? I want to apply for my wife after few days? Shall we write that she already working in the same company, in the additional info box?

Any other guidance ?

Thanks

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Re: Teir 2 main - refused (already working for the company)

Post by CR001 » Mon Sep 04, 2017 3:13 pm

There is missing details or something in your friends story, because what you have written makes no sense.

There is no rule that says you cannot apply for a Tier 2 General if you are already working for the sponsor on any other category of visa. Many have done this.
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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:16 pm

CR001 wrote:
Mon Sep 04, 2017 3:13 pm
There is missing details or something in your friends story, because what you have written makes no sense.

There is no rule that says you cannot apply for a Tier 2 General if you are already working for the sponsor on any other category of visa. Many have done this.

Hi dear

Yes, that's what everyone thought. He has already applied for the appeal. Coz it's not his mistake. The case worker might got confused.

Thanks

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Re: Teir 2 main - refused (already working for the company)

Post by CR001 » Mon Sep 04, 2017 3:19 pm

tomdavis wrote:
Mon Sep 04, 2017 3:16 pm
CR001 wrote:
Mon Sep 04, 2017 3:13 pm
There is missing details or something in your friends story, because what you have written makes no sense.

There is no rule that says you cannot apply for a Tier 2 General if you are already working for the sponsor on any other category of visa. Many have done this.

Hi dear

Yes, that's what everyone thought. He has already applied for the appeal. Coz it's not his mistake. The case worker might got confused.

Thanks
Or the sponsor got confused.

p.s. do you realise that referring to people (especially ladies) as 'Dear' can be offensive? A lot of us dislike it.
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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:22 pm

CR001 wrote:
Mon Sep 04, 2017 3:19 pm
tomdavis wrote:
Mon Sep 04, 2017 3:16 pm
CR001 wrote:
Mon Sep 04, 2017 3:13 pm
There is missing details or something in your friends story, because what you have written makes no sense.

There is no rule that says you cannot apply for a Tier 2 General if you are already working for the sponsor on any other category of visa. Many have done this.

Hi dear

Yes, that's what everyone thought. He has already applied for the appeal. Coz it's not his mistake. The case worker might got confused.

Thanks
Or the sponsor got confused.

p.s. do you realise that referring to people (especially ladies) as 'Dear' can be offensive? A lot of us dislike it.


Hello,

I apologise for using dear word. Kindly forgive me. I did not know that.

Thank you for the information. Sponsor has done everything correct.looks like the caseworker does not have enough knowledge.

Thanks
Kind regards

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Re: Teir 2 main - refused (already working for the company)

Post by CR001 » Mon Sep 04, 2017 3:28 pm

Then unless your friends joins the forum and posts the reasons for refusals, I doubt that all is as it seems.

In your case, if everything is 200% right, it should not be an issue. Remember that your spouse will have to meet the £30,000 minimum income for tier 2 if she is not already on a salary at this level or higher.
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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:34 pm

CR001 wrote:
Mon Sep 04, 2017 3:28 pm
Then unless your friends joins the forum and posts the reasons for refusals, I doubt that all is as it seems.

In your case, if everything is 200% right, it should not be an issue. Remember that your spouse will have to meet the £30,000 minimum income for tier 2 if she is not already on a salary at this level or higher.
Hello,

Thank you for the quick replies and relevant information. Yes, the new role has minimum £30,000.
But is it okay if the job add shows a different job role title but in the cos/offer letter it's some other job role title according to the company preferences.

5) Both the job titles comes under the same category or soc code?

Thank you
Kind regards

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Re: Teir 2 main - refused (already working for the company)

Post by CR001 » Mon Sep 04, 2017 3:37 pm

CoS and RLMT should match.
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Re: Teir 2 main - refused (already working for the company)

Post by tomdavis » Mon Sep 04, 2017 3:41 pm

CR001 wrote:
Mon Sep 04, 2017 3:37 pm
CoS and RLMT should match.
Her current job title is IT Consultant. In the job advertisement, the role is 'Systems Tester' but her company says they will write same old title 'IT consultant' in the cos/offer letter, based on the company's business needs. Her company says it would not b a problem as both the job titles comes under same category and soc code.

Is it correct procedure?

Thanks
Kind regards

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by CR001 » Mon Sep 04, 2017 3:52 pm

IT Consultant is quite vague really. A member posted the other day that his visa extension was refused and he had this job title.

How many Tier 2 General visa holder does her company sponsor?
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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Mon Sep 04, 2017 4:04 pm

CR001 wrote:
Mon Sep 04, 2017 3:52 pm
IT Consultant is quite vague really. A member posted the other day that his visa extension was refused and he had this job title.

How many Tier 2 General visa holder does her company sponsor?
Currently I think less than 10 they have sponsored. Around 6 I guess.

The soc code is 2139. The job description on home office website says that five years relevant experience should b there with £30,000.

But my wife does not have five years experience. She has 4 years exp. her company says that it would not be an issue.

What do you think? It's a good company.

Thanks
Kind regards

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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by CR001 » Mon Sep 04, 2017 4:05 pm

I cannot comment on whether the company is 'good' or not.
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Re: Switch from Teir 2 dependant to Teir 2 Main Applicant

Post by tomdavis » Mon Sep 04, 2017 4:10 pm

CR001 wrote:
Mon Sep 04, 2017 4:05 pm
I cannot comment on whether the company is 'good' or not.
1) Sorry, I mean that what do you think if she has less than five years experience but the job requires atleast five years exp and minimum £30,000?

2) If she does. Or have five years exp then she can't apply .it can refused .

And I was telling u that her company is good.

I apologise I mixed both the statements.

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