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Tier 2 when holding Tier 5 dependant

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

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80min40
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Sri Lanka

Tier 2 when holding Tier 5 dependant

Post by 80min40 » Thu Dec 10, 2020 6:46 pm

Hi, I would be grateful for some advice on the following situation for my friend.

On the basis of a job offer and Tier 5 CoS, he has applied for Tier 5 Temporary Worker Government Authorised Exchange and obtained it successfully under the Medical Training Initiative. His wife has also simultaneously received a Tier 5 dependant visa. He is due to start in January, and both of them will be travelling from Sri Lanka to the UK in January.

Meanwhile, after receiving the Tier 5 visas, the wife has also received a separate job offer. They have said she can apply for Tier 2 if needed.

I am making the following assumptions, please correct me if I am wrong.
a. It is better to have Tier 2 as it will count towards settlement time (e.g. 5 years for ILR on Tier 2, but not for Tier 5).
b. Since the rule changes this year, she can apply for Tier 2 visa from outside OR inside the UK while on her Tier 5 dependant visa.

My questions are:
1. Can she apply for Tier 2/Skilled Worker visa right away, before arriving in the UK? Bearing in mind, she has a Tier 5 dependant visa/BRP approved and waiting to be collected when she arrives in January.
2. When counting 5 years for ILR in the future, will it begin on the date of arrival based on the Tier 5 visa, or will it begin on the date the Tier 2 visa is obtained?
3. Can the husband switch to Tier 2 dependant visa at the end of his Tier 5 term?

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CR001
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Re: Tier 2 when holding Tier 5 dependant

Post by CR001 » Thu Dec 10, 2020 7:11 pm

2. Tier 5 GAE doesn't count for ilr. Thebilr clock will start from the date a skilled visa is valid from.

3. Yes.
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80min40
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Posts: 6
Joined: Thu Dec 10, 2020 6:32 pm
Sri Lanka

Re: Tier 2 when holding Tier 5 dependant

Post by 80min40 » Thu Dec 10, 2020 7:39 pm

CR001, thank you for the quick answers to 2 and 3.

I believe the best way is to arrive in the UK on the Tier 5 dependant visa (which is backed by the husband's Tier 5 CoS), and collect the Tier 5 BRPs. Then for the wife to apply for the Tier 2 visa (with the wife's employer's Tier 2 CoS) in the UK.

And after 5 years of Tier 2 for the wife, both can apply for ILR based on the 5 years of the wife, despite the husband being on Tier 5 for four of the five years.

Thanks.

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Re: Tier 2 when holding Tier 5 dependant

Post by CR001 » Thu Dec 10, 2020 8:50 pm

No. The husband needs to be on a dependent visa of the wife for 5 years to qualify as ilr.

Tier 5 doesn't qualify for ilr in any combination with other visas.
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