Switch from Tier 2 to Tier 1, PBS Dependants

[BorisBorisBoris]

Hi forum,

Here's the case for your review, please.

Current status:
- I hold Tier 2 General visa, valid 14.12.2016-14.12.2021
- My wife and my kid hold PBS Dependant visas, valid 14.12.2016-14.12.2021
- I got endorsed by Tech Nation for Tier 1 ET

My plan is as follows:
1. Tier 1 switch
- Apply for Tier 1 ET for 1 year myself and get Tier 1 ET Visa valid until ~mid 2020
- Do nothing for my wife and my kid, as even after I switched to Tier 1, they would still hold valid PBS Dependant Visas they obtained together with me when I was getting Tier 2 General initially

This is partly confirmed by PBS Dependant Guidance, that says:
If the main migrant changes employer or educational institution, and is therefore issued with a new
certificate of sponsorship/confirmation of acceptance for studies and is applying for leave to remain
to work or study under their new sponsor, dependants do not have to apply with them for leave to
remain. Instead PBS dependants can remain in the UK until the end of the validity period of their
existing PBS dependant leave. They can later apply for leave to remain to bring their leave in line
with the leave of the PBS migrant.

Unfortunately, the quotation above covers only change of employer or educational institution. I plan to keep working for the same employer here in the UK but change Tiers. Hence looking for your considerations.

Questions:
- Any implications for my family because of my switch from T2 to T1, while they still would hold initial PBS Dependant Visas they got together with me when I applied for Tier 2 General?
- Any implications for my family because of my T1 visa, valid until ~mid 2020, being shorter than their T2 visas, valid until 14.12.2021?

2. ILR for myself
- Apply for ILR for myself based on 3 years residence in the UK in ~Nov 2019
- Do nothing for my wife and my kid, as even after I get ILR, they would still hold valid PBS Dependant Visas they obtained together with me when I was getting Tier 2 General initially

Question:
- Any implications for my family because of me switching from T1 to ILR, while they remain on initial PBS Dependant Visas they got together with me when I applied for Tier 2 General??

3. ILR for my family
- Apply for ILR for my wife and kid as PBS Dependants in ~Nov-Dec 2021 based on 5 years continuous residence and living together with me

For the ILR part - these are pure assumptions, still have to do my reading to discover any confirmation in Home Office documents. Anyway, would highly appreciate any reviews or replies on the matter.

Thanks a lot!

[BorisBorisBoris]

Seems I'm answering my questions myself so far

Anyway, happy to share with those who might get into the similar situation.

I had opposite points of view from 2 different solicitors.One was saying that for PBS dependants nothing is changing when the main migrant is switching from Tier 2 General to Tier 1 ET. Another one believed that switching requires dependants to switch too because of change of routes.

I am following the advice of the latter + relying on a very short paragraph here - https://www.gov.uk/tier-1-exceptional-t ... ly-members.

Family members
Your family members (dependants) must apply to join or remain with you in the UK if they’re from outside the European Economic Area (EEA) or Switzerland.

My understanding is that if the family wants to remain with you in the UK once you're in Tier 1 ET category, they must apply for Tier 1 ET PBS dependant, even if they hold any other valid T2 PBS Dependant visa now. I am going to apply for Stage 2 for all together.

Hope this helps.

[BorisBorisBoris]

Hi,

I've read many times on this forum and on whatdotheyknow that when main migrant is switching from Tier 2 General to Tier 1 ET, the family doesn't have to switch as their initial PBS Dependant Visas are still valid until their expiration date.

But, I was unable to find any confirmation of this in Immigration Rules or other Home Office documents.

Could you, please, share, where can I read more about what are the implications for PBS dependants when main migrant switches from Tier 2 General to Tier 1 ET?

Thanks a lot!

[ashar2510]

Hi I was wondering if you got confirmed answer of your questions. Thank you.