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Switching from Tier 2 Dependent to Tier 2 General

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

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

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mansourr61
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Switching from Tier 2 Dependent to Tier 2 General

Post by mansourr61 » Mon Jul 11, 2016 12:23 pm

Hi all

I am on a Tier 2 General Visa valid till Feb 2018 and my wife is my dependent. She works for a company who are happy to get her Tier 2 General visa too. We believe she has to apply for it from outside the UK.

We contacted UKVI to ask if my wife's current dependent visa will be valid in case her application for Tier 2 General gets rejected. They were not sure about it and did not give us a clear answer. However, they said that, when they are processing her application for Tier 2 General, if they decide not to grant her a visa, they might decide to cancel her current dependent visa too and then she will not be able to come back to the UK!!!

Is not this sooo weird? Has anyone else had this same scenario before? Please reply if you can help in any way...

Best regards,

Mansour

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CR001
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Re: Switching from Tier 2 Dependent to Tier 2 General

Post by CR001 » Mon Jul 11, 2016 1:15 pm

Her current visa will remain valid if her Tier 2 G application fails.

If she is applying for her own Tier 2 G, make sure the full and proper RLMT process has been done as HO might believe she has been 'pre-selected' for the role as she is already employed with the sponsor, thereby meaning it is not a 'genuine vacancy'.

She is aware that this will reset her clock to zero for ILR?
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mansourr61
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Posts: 24
Joined: Mon Dec 08, 2014 5:54 pm

Re: Switching from Tier 2 Dependent to Tier 2 General

Post by mansourr61 » Mon Jul 11, 2016 1:26 pm

Hi CR001

Thanks for your reply.

Is this stated anywhere in the GOV website that the current visa will remain valid? Can you please direct me to the document?

Her job is in the shortage occupation list so I believe RLMT is not required.

We have been living in the UK for 7 years now and are planning to apply for ILR based on 10 years after 3 years. Therefore resetting the clock is not important for us.

I will be grateful if you could provide me with the details of references to what you mentioned about the validity of the current visa.

Many thanks

Mansour

iworker
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Re: Switching from Tier 2 Dependent to Tier 2 General

Post by iworker » Mon Jul 11, 2016 2:15 pm

please say that you spoke on a really bad line , or u speak really broken english which made ukvi not understand what you were asking for them to give u such a wrong advise. It is absolutely unbelievable, how utterly useless this service is.
Your dependent visa will be fine, dont worry about it .

mansourr61
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Posts: 24
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Re: Switching from Tier 2 Dependent to Tier 2 General

Post by mansourr61 » Mon Jul 11, 2016 2:48 pm

Hi iworker

Thanks for your response

Every time I call UKVI helpline I get more disappointed on them. This time because my wife has to apply from outside the UK, they gave us another number which costed £1.35 per minute. We called that number too and also called to the visa centre outside the UK that we are going to apply from.

The UK paid number said that the visa should remain valid but since you are applying from outside it depends on that centre's decision. The abroad centre said that there is no guaranty that the current visa will stay valid because they might pick up something from the documents that convince them to cancel the current visa too !!!!

I have nothing to say but "this looks ridiculous".

I will be really glad if someone just can show me a link on GOV website that confirms the current visa will stay valid.

Many thanks

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