Switching from PBS Dependent to Tier 2 General

[tipusans]

Hello Everyone,

My wife has a Tier 2 visa and I am on PBS Dependent. I have the following queries:

1) If I want to switch to Tier 2 General, do I have to leave the UK and apply from my home country?

2) Once I get my Tier 2, can my wife switch to my dependent Tier 2 visa from within the UK?

3) In case either of us has to leave the UK and apply for the visa from our home country, will the time spent in the UK on Tier 2 visa (primary or dependent) be counted for the ILR?

Cheers!

[CR001]

1. Yes, you have to apply from home country with a restricted cos.

2. Yes.

3. You cannot combine tier 2 general main visa time with tier 2 dependent visa time to make up 5 years for ilr. You need 5 years in one or 5 years in the other to qualify for ilr.

[tipusans]

Thanks for your quick reply, appreciate it.

Regarding the first point only, just confirming that there won't be any cooling period required for me to stay out of the UK while applying for Tier 2?

At the same time, I want to know whether I would stand a better chance (than anyone outside UK) to get a job, given my PBS dependent visa status, if I want an unrestricted CoS?

In other words, will I be considered as part of the UK workforce on my dependent visa, even if the employer has to provide an unrestricted CoS?

Regards.

[CR001]

Regarding the first point only, just confirming that there won't be any cooling period required for me to stay out of the UK while applying for Tier 2?

The cooling off period does NOT apply to PBS dependents applying for tier 3 main visa.

At the same time, I want to know whether I would stand a better chance (than anyone outside UK) to get a job, given my PBS dependent visa status, if I want an unrestricted CoS?

Unrestricted Cos is for applications within the UK. This does not apply to you. You need a Restricted CoS to apply outside the UK, full and proper RLMT if relevant and meet all the standard requirements including the salary threshold, English language etc.

In other words, will I be considered as part of the UK workforce on my dependent visa, even if the employer has to provide an unrestricted CoS?

Don't confuse being a worker in the UK as a dependent with the strict requirements for a RESTRICTED CoS to qualify for a tier 2 general visa from your home country. They are two completely different visa rules.

[tipusans]

Ok, I think I get it.

Please confirm if my understanding is correct now:
1) So I don't need any type of CoS to work in the UK as a PBS dependent.
2) My wife will need an unrestricted CoS if she wants to switch jobs in the UK.
3) I have to get a restricted CoS if I want to have my own Tier 2 (for which I will have to exit and apply from my home country).

Thanks once again in advance.

[CR001]

1) So I don't need any type of CoS to work in the UK as a PBS dependent.

Correct.

2) My wife will need an unrestricted CoS if she wants to switch jobs in the UK.

Correct.

3) I have to get a restricted CoS if I want to have my own Tier 2 (for which I will have to exit and apply from my home country).

Correct.