Switching Category - 'T2 General Dependant' to 'T2 General'

[anub2016]

Hi,

I'm currently on Tier 2 General visa and my spouse is on my Dependant visa. However, her employer now wishes to sponsor her visa. We have the following queries in this regard -

Could she switch from 'Tier 2 General Dependant' to 'Tier 2 General' from inside the UK?

Would a Cooling-Off period apply to her?

The most important of all, would her current visa (Tier 2 General Dependant) get Invalid as soon as she submits the application for Tier 2 General visa, irrespective of the outcome?

Could the Moderators/Experts please shed some light on these queries?

Many Thanks.

[vinny]

1. No.
2. No.
3. No.

[Casa]

In addition to Vinny's links, your wife will find it a tough challenge to convince the ECO that she hasn't been pre-selected for the role if she is already employed by the sponsor.

Unless the role is on the shortage occupation list, the full RMLT will have to be carried out and evidence submitted that there were no EEA/UK-resident settled worker applicants for the position with all the correct qualifications, experience and skills, even if your wife is more qualified.

Her immigration clock will also be re-set to zero, putting her on a new 5 year path to settlement unless she qualifies for 10 year long residence by combining visa categories before then.

[anub2016]

Hi,

Thank you so much vinny and Casa for your response.

Just to reiterate, does that mean if an applicant submits an application to switch the category from 'Tier 2 General Dependant' to 'Tier 2 General', and unfortunately, the application is not successful (God forbid, this happens to anyone!), the applicant can travel back to the UK and live and work on the old 'Tier 2 General Dependant' visa as normal?

Many Thanks.

[CR001]

Correct yes, as long as their tier 2 general dependent visa is still valid.