Switch from spousal visa to tier 2

[Konzo1]

Please I am not currently on a spousal visa which is expiring at the end of September , but I want to switch to tier 2 and my company is A rating and willing to help with sponsorship. Is it possible to switch to tier 2? And what are the requirements and implications.

[CR001]

Please I am not currently on a spousal visa

Not or Now??

What 'spousal visa' exactly, there are different categories for spouses??

[Casa]

Assuming you are currently on a spouse settlement visa, in order to apply for a Tier 2 visa you will have to return to your home country and submit an application from there. Your Tier 2 sponsor would also have to complete the full RMLT process and prove that you haven't been pre-selected for the position. This may be a tough challenge if they are your current employer.

Why would you want to switch from a spouse visa when this would re-set your immigration clock to zero, putting you on a new 5 year path to settlement?

[Konzo1]

Please I am currently on a spousal visa which is expiring at the end of September , but I want to switch to tier 2 and my company is A rating and willing to help with sponsorship. Is it possible to switch to tier 2? And what are the requirements and implications.

I am currently on a spousal

[Casa]

Please I am currently on a spousal visa which is expiring at the end of September , but I want to switch to tier 2 and my company is A rating and willing to help with sponsorship. Is it possible to switch to tier 2? And what are the requirements and implications.

I am currently on a spousal

In which case. why would you want to start your route to settlement all over again by applying for a Tier 2 visa? You can't submit this application from within the UK.

[CR001]

Yes, we get that, but WHICH spousal route, there is more than one category, (i.e. tier 1 dependent spouse, tier 2 dependent spouse, tier 4 dependent spouse, spouse of British citizen or ILR holder spouse, UK ancestry spouse dependent)?

What is your partners UK immigration status??

How long have you been in the UK on your 'spousal' visa?

As Casa has asked, why would you want to switch to tier 2 general?

[Konzo1]

Due to personal reasons I need to switch to tier 2 , it not am easy decision for me to take but I believe that is the best option. Currently the job is on the RLMT, and I have not being pre-selected. The job is also on the skilled shortage list. What are my chances of getting the tier 2 if I am the best candidate and I get COS. I Have the English language qualification and enough money in my account.
And what are the things that could possibly make
My tier 2 visa refusal in my case

[CR001]

Pre-selection is relevant if a current employee of the sponsor suddenly applies for a tier 2 visa.

[Konzo1]

I am married to a British and I am currently on a leave to remain. I have been in the UK for 2 year now

[Konzo1]

how can they prove that I was not pre-selected, I pls help

[Casa]

how can they prove that I was not pre-selected, I pls help

Partly by providing the results of any interviews and proving that there were no other suitable applicants for the position.

So you're prepared to return to your home country and submit the application from there?

[Konzo1]

Yes I am willing to return to my home country and apply from there
what are my chances of getting the tier 2 visa .

"Partly by providing the results of any interviews and proving that there were no other suitable applicants for the position."

Do we need to add the result of the interview during the submission of the application or the COS.

[CR001]

If you meet ALL the requirements and the RLMT is genuine and your sponsor can prove no EU/BC or settled person could do the job, then there shouldn't be an issue.

[Konzo1]

The job is currently advertise on job center plus and my companies job site. Do they need to do anything again with regards to the job add to proof that the job is genuine

[CR001]

If the adverts meet the requirements of the RLMT, then nothing they need to do. Are you applying for the job and going to have an interview or have you already been offered/confirmed for the job?

[Konzo1]

I am doing same job, I have applied again and I will go for interview again. I am worried that ukvi may think it is a cooked job.how do the company proof to ukvi that the whole process is genuine.am worried here.

[CR001]

HO can ask the sponsor to submit evidence of all the applications received, including CVs and interview notes and why others were not suitable for the job. You doing the job already could cause a delay.

What exactly is the job title?

[Konzo1]

Senior Security Engineer

[CR001]

Senior Security Engineer

And the SOC for this job?

[Konzo1]

2139 Information technology and telecommunications

[Konzo1]

expert, what are my chances of getting the tier 2 visa considering all the information provided in the tread.

[CR001]

If on the shortage occupation list, RLMT is likely not required. You must demonstrate 5 years experience in the field though.

https://www.gov.uk/government/uploads/s ... r_2015.pdf

[Konzo1]

My job is on the shortage list, But my company has over 2000 staff. Can I still apply on the shortage list as I require the company to employ 250 to qualify. Read below

https://www.gov.uk/guidance/immigration ... ation-list


. In this Appendix “qualifying company” means a company which:
(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[Konzo1]

Pls let me know your thoughts ? My job is on the RLMT and skilled shortage list. Will not pre-selected difficult to prove now?

[Konzo1]

experts, pls any suggestings to my questions ?