Tier 2 (General) switches to BNO visa

[Glassycastle]

Hi! My husband is a Tier 2 (General) holder with visa valid until 2022 and would be able to apply for ILR by then. As we are originally from Hong Kong and holding British National Overseas (BNO) passports, we would like to switch to BNO visa at the end of January when the scheme will start and see if he could change the job as he is stressed out from the current one.

May I ask the following if possible please:-

1. If we apply for the BNO visa at the end of January and he resigns/ gets dismissed by the company after making the BNO visa application while waiting for the visa decision, for the time in between, would we be deemed as illegal overstay? And can he still work for other jobs?

2. I, as a Tier 2 dependant holder, am having a job as well. Will I still be able to work in the time in between please? Or do we need to apply for the Leave Outside The Rules (LOTR) within the UK in order to allow us to work?

3. If my husband indeed resigns and switches to the BNO visa, do I have to apply for the BNO visa as well given that my current dependant visa will be valid until 2022.


Many thanks in advance.

[manci]

My husband is a Tier 2 (General) holder with visa valid until 2022

1. If we apply for the BNO visa at the end of January and he resigns/ gets dismissed by the company after making the BNO visa application while waiting for the visa decision, for the time in between, would we be deemed as illegal overstay? And can he still work for other jobs?

If your husband applies for his BNO visa before sponsorship is withdrawn by his current employer. be it because he resigns or is dismissed, his Tier 2 (General) leave will continue under section 3C and he will not be an overstayer. This also means that before his BNO visa is granted he will only be allowed to work for his present employer or another employer who is willing to sponsor him as a Skilled Worker. It is recommended that he applies for the BNO visa before his current sponsorship ends otherwise the situation will be more complicated.

2. I, as a Tier 2 dependant holder, am having a job as well. Will I still be able to work in the time in between please? Or do we need to apply for the Leave Outside The Rules (LOTR) within the UK in order to allow us to work?

Provided your husband follows the recommendation in (1) above you will remain a PBS Dependant until your husband's BNO application is decided, therefore your work rights will continue in the intervening period.

3. If my husband indeed resigns and switches to the BNO visa, do I have to apply for the BNO visa as well given that my current dependant visa will be valid until 2022.

Your current PBS Dependant leave is likely to be cancelled once your husband obtains his BNO visa, so you should also apply for the BNO visa. Unless you decide to apply separately according to the guidance:

If you’re applying as a family unit, you must apply together. The main applicant who is a British national (overseas) should apply first and get their unique reference number. Any family members applying will need to quote this unique reference number in their applications.

[Glassycastle]

My husband is a Tier 2 (General) holder with visa valid until 2022

1. If we apply for the BNO visa at the end of January and he resigns/ gets dismissed by the company after making the BNO visa application while waiting for the visa decision, for the time in between, would we be deemed as illegal overstay? And can he still work for other jobs?

If your husband applies for his BNO visa before sponsorship is withdrawn by his current employer. be it because he resigns or is dismissed, his Tier 2 (General) leave will continue under section 3C and he will not be an overstayer. This also means that before his BNO visa is granted he will only be allowed to work for his present employer or another employer who is willing to sponsor him as a Skilled Worker. It is recommended that he applies for the BNO visa before his current sponsorship ends otherwise the situation will be more complicated.

2. I, as a Tier 2 dependant holder, am having a job as well. Will I still be able to work in the time in between please? Or do we need to apply for the Leave Outside The Rules (LOTR) within the UK in order to allow us to work?

Provided your husband follows the recommendation in (1) above you will remain a PBS Dependant until your husband's BNO application is decided, therefore your work rights will continue in the intervening period.

3. If my husband indeed resigns and switches to the BNO visa, do I have to apply for the BNO visa as well given that my current dependant visa will be valid until 2022.

Your current PBS Dependant leave is likely to be cancelled once your husband obtains his BNO visa, so you should also apply for the BNO visa. Unless you decide to apply separately according to the guidance:

If you’re applying as a family unit, you must apply together. The main applicant who is a British national (overseas) should apply first and get their unique reference number. Any family members applying will need to quote this unique reference number in their applications.

Manci, many thanks indeed for your reply.
If possible, may I clarify about:

The time for sponsorship being withdrawn/the end of the sponsorship as mentioned: will it be 60 days after the employer notified Home Office about the cease of the job or the exact date that my husband resigns/get dismissed by the job please?

If it is the former, does it mean that as long as we apply the BNO visa within the 60 days being notified by the Home Office, our status of Tier 2 (General) and PBS dependant will be extended until the BNO visa decision is made. And my work under PBS dependant would not be affected under this situation.

May you please correct me if I am wrong. Thanks a lot again for your help.

[manci]

The time for sponsorship being withdrawn/the end of the sponsorship as mentioned: will it be 60 days after the employer notified Home Office about the cease of the job or the exact date that my husband resigns/get dismissed by the job please?

Curtailment of your husband's visa after his current sponsorship ends would be a fairly lengthy process. It is 60 days counted from the HO's curtailment letter, not from the date of the sponsor's notification

If it is the former, does it mean that as long as we apply the BNO visa within the 60 days being notified by the Home Office, our status of Tier 2 (General) and PBS dependant will be extended until the BNO visa decision is made. And my work under PBS dependant would not be affected under this situation.

that is correct, you would only become overstayers if the BNO visa application was rejected or refused after the expiry of the 60 day period.

[Glassycastle]

The time for sponsorship being withdrawn/the end of the sponsorship as mentioned: will it be 60 days after the employer notified Home Office about the cease of the job or the exact date that my husband resigns/get dismissed by the job please?

Curtailment of your husband's visa after his current sponsorship ends would be a fairly lengthy process. It is 60 days counted from the HO's curtailment letter, not from the date of the sponsor's notification

If it is the former, does it mean that as long as we apply the BNO visa within the 60 days being notified by the Home Office, our status of Tier 2 (General) and PBS dependant will be extended until the BNO visa decision is made. And my work under PBS dependant would not be affected under this situation.

that is correct, you would only become overstayers if the BNO visa application was rejected or refused after the expiry of the 60 day period.

Thanks a lot indeed for your reply again Manci!

Sorry that may I have a few more questions that:-

1. In the very worst case that if we are rejected from the BNO application, do we need to leave the U.K. at the same day when we receive the decision please? Or would there be any buffer time for leaving please?

2. The extension of our T2 and PBS dependant is not limited to 60 days but until the decision is made. Am I correct please?

Thank you very much again for your help.

[manci]

1. In the very worst case that if we are rejected from the BNO application, do we need to leave the U.K. at the same day when we receive the decision please? Or would there be any buffer time for leaving please?

2. The extension of our T2 and PBS dependant is not limited to 60 days but until the decision is made. Am I correct please?

1. There is no straightforward answer to your question as in case of a refusal you may request an administrative review, re-apply within 14 days or appeal on human rights grounds. These possible actions have their own rules.

2. Yes, that is correct but I still think that there may be an advantage applying for the BNO visas if you can before your husband's resignation or dismissal. Online BNO visa applications will open next Sunday 31 January but you should of course make sure that you meet all the requirements before you apply.

[Glassycastle]

1. In the very worst case that if we are rejected from the BNO application, do we need to leave the U.K. at the same day when we receive the decision please? Or would there be any buffer time for leaving please?

2. The extension of our T2 and PBS dependant is not limited to 60 days but until the decision is made. Am I correct please?

1. There is no straightforward answer to your question as in case of a refusal you may request an administrative review, re-apply within 14 days or appeal on human rights grounds. These possible actions have their own rules.

2. Yes, that is correct but I still think that there may be an advantage applying for the BNO visas if you can before your husband's resignation or dismissal. Online BNO visa applications will open next Sunday 31 January but you should of course make sure that you meet all the requirements before you apply.

Appreciate very much for your advice indeed Manci
Many thanks again!

[newbieli]

Hi Glassycastle, how long did it take you/ your husband to get the BNO visa?

Many thanks!!

[Glassycastle]

Hi there,

It took about 12 weeks to get the visa approval.

Hi Glassycastle, how long did it take you/ your husband to get the BNO visa?

Many thanks!!

[newbieli]

Really appreciate that you replied!

One more question, did you hear from the Home Office before you got the approval (e.g. asked for more evidence/ documents)? Or nothing for 12 weeks?

Hope you are having a good long weekend! Thanks again.

Hi there,

It took about 12 weeks to get the visa approval.

Hi Glassycastle, how long did it take you/ your husband to get the BNO visa?

Many thanks!!

[Glassycastle]

Hi,

I was not updated nor contacted by the Home Office for any further documents during 12 weeks. I just waited for the outcome.

Hope it helps. Have a good weekend too!

Really appreciate that you replied!

One more question, did you hear from the Home Office before you got the approval (e.g. asked for more evidence/ documents)? Or nothing for 12 weeks?

Hope you are having a good long weekend! Thanks again.

[quote=Glassycastle post_id=2012821 time=<a href="tel:1622297257">1622297257</a> user_id=244597]
Hi there,

It took about 12 weeks to get the visa approval.

[quote=newbieli post_id=2012152 time=<a href="tel:1621942530">1621942530</a> user_id=249114]
Hi Glassycastle, how long did it take you/ your husband to get the BNO visa?

Many thanks!!

[/quote]
[/quote]

[a66013]

Hi Glassycastle, I was searching the topics about switching from Tier 2 to BNO Visa as my visa is also valid til 2022. Unfortunately, I have recently got dismissed and it means I have to find another sponsorship for the remaining 1 year of Tier 2 visa or apply for BNO Visa. Glad that your husband visa was approved and do not need to go through all the mess and worry that I am having right now.

I should definitely apply for BNO visa right now but it seems the approval time is more than 12 weeks or even 6 months......And from Manci's reply, I couldn't work for any new employer unless they could sponsor Tier 2 while waiting BNO visa approval. I have some questions in mind and hope someone could provide advise..

1. From what I understand, during the process of switching Tier 2 to BNO visa, the old Tier 2 should be revoked and convert to BNO visa. In the case while waiting for BNO visa approval, assuming existing Tier 2 is revoked, if there is a new employer could sponsor a new Tier 2, should I apply for new Tier 2 and withdraw from bno visa? Would this has any effect on the 5 years like my time spend in the previous Tier 2 be cancelled? (i.e. Old Tier 2 -> BNO visa ->New Tier 2)

2. While waiting for BNO visa Approval, the time would be counted in the 5 years ILR or not?

I am struggling on should I keep my head down to find a new Tier 2 sponsor within 60 days before my employer notify HO about termination. OR just apply for BNO visa and wait for approval? but then there would be a chance of no work for 12 weeks or even 6 months if the Question 1 above about resetting the tiem spent in the UK is correc.

Many thanks!!!!!

[a66013]

1. In the very worst case that if we are rejected from the BNO application, do we need to leave the U.K. at the same day when we receive the decision please? Or would there be any buffer time for leaving please?

2. The extension of our T2 and PBS dependant is not limited to 60 days but until the decision is made. Am I correct please?

1. There is no straightforward answer to your question as in case of a refusal you may request an administrative review, re-apply within 14 days or appeal on human rights grounds. These possible actions have their own rules.

2. Yes, that is correct but I still think that there may be an advantage applying for the BNO visas if you can before your husband's resignation or dismissal. Online BNO visa applications will open next Sunday 31 January but you should of course make sure that you meet all the requirements before you apply.

Hi Manci, it would be much appreciated to have your advice for questions in my latest comments in this thread. Many thanks!!

[newbieli]

Hi Glassycastle, I was searching the topics about switching from Tier 2 to BNO Visa as my visa is also valid til 2022. Unfortunately, I have recently got dismissed and it means I have to find another sponsorship for the remaining 1 year of Tier 2 visa or apply for BNO Visa. Glad that your husband visa was approved and do not need to go through all the mess and worry that I am having right now.

I should definitely apply for BNO visa right now but it seems the approval time is more than 12 weeks or even 6 months......And from Manci's reply, I couldn't work for any new employer unless they could sponsor Tier 2 while waiting BNO visa approval. I have some questions in mind and hope someone could provide advise..

1. From what I understand, during the process of switching Tier 2 to BNO visa, the old Tier 2 should be revoked and convert to BNO visa. In the case while waiting for BNO visa approval, assuming existing Tier 2 is revoked, if there is a new employer could sponsor a new Tier 2, should I apply for new Tier 2 and withdraw from bno visa? Would this has any effect on the 5 years like my time spend in the previous Tier 2 be cancelled? (i.e. Old Tier 2 -> BNO visa ->New Tier 2)

2. While waiting for BNO visa Approval, the time would be counted in the 5 years ILR or not?

I am struggling on should I keep my head down to find a new Tier 2 sponsor within 60 days before my employer notify HO about termination. OR just apply for BNO visa and wait for approval? but then there would be a chance of no work for 12 weeks or even 6 months if the Question 1 above about resetting the tiem spent in the UK is correc.

Many thanks!!!!!

Hi, why do you say the approval time for the BNO visa is more than 12 weeks or even 6 months?!

To q1. Why would you withdraw the BNO visa as it gives you more freedom (i.e. not tied to an employee)? I don't even think it makes sense for the Home Office to approve your new Tier 2 if you already have a BNO visa. If you mean withdrawing from the BNO visa application before it gets approved, then it would simply be getting a new Tier 2 visa from a different employee. In both cases, the time from your old Tier 2 will be carried forward.

Sorry no idea about q2..

[a66013]

Hi Glassycastle, I was searching the topics about switching from Tier 2 to BNO Visa as my visa is also valid til 2022. Unfortunately, I have recently got dismissed and it means I have to find another sponsorship for the remaining 1 year of Tier 2 visa or apply for BNO Visa. Glad that your husband visa was approved and do not need to go through all the mess and worry that I am having right now.

I should definitely apply for BNO visa right now but it seems the approval time is more than 12 weeks or even 6 months......And from Manci's reply, I couldn't work for any new employer unless they could sponsor Tier 2 while waiting BNO visa approval. I have some questions in mind and hope someone could provide advise..

1. From what I understand, during the process of switching Tier 2 to BNO visa, the old Tier 2 should be revoked and convert to BNO visa. In the case while waiting for BNO visa approval, assuming existing Tier 2 is revoked, if there is a new employer could sponsor a new Tier 2, should I apply for new Tier 2 and withdraw from bno visa? Would this has any effect on the 5 years like my time spend in the previous Tier 2 be cancelled? (i.e. Old Tier 2 -> BNO visa ->New Tier 2)

2. While waiting for BNO visa Approval, the time would be counted in the 5 years ILR or not?

I am struggling on should I keep my head down to find a new Tier 2 sponsor within 60 days before my employer notify HO about termination. OR just apply for BNO visa and wait for approval? but then there would be a chance of no work for 12 weeks or even 6 months if the Question 1 above about resetting the tiem spent in the UK is correc.

Many thanks!!!!!

Hi, why do you say the approval time for the BNO visa is more than 12 weeks or even 6 months?!

To q1. Why would you withdraw the BNO visa as it gives you more freedom (i.e. not tied to an employee)? I don't even think it makes sense for the Home Office to approve your new Tier 2 if you already have a BNO visa. If you mean withdrawing from the BNO visa application before it gets approved, then it would simply be getting a new Tier 2 visa from a different employee. In both cases, the time from your old Tier 2 will be carried forward.

Sorry no idea about q2..

Hey newbiell, Thanks for your reply.

My friend's visa has been waited for 13 weeks and still not approved yet. And I saw some of the auto-reply from HO claiming the visa could take up to 6 months to approve. (Not 100% sure if it is true or not)

For Q1. Absolutely BNO visa is much better than Tier 2, however, what I meant is if I apply BNO visa and waiting for approval. Say i have waited for 4 weeks but still not approved and old tier 2 is revoked, a new employer could sponsor me new Tier 2 with priority service (usually approve within a month). Should I withdraw the BNO visa and go for new Tier2, if yes, any impact on the time spent on old tier 2.

Sorry for any confusion as my case is a bit complicated.

[eliza720]

Hi - I saw your post and wondering if your friend has any update on the case? I have applied almost 21 weeks ago and still hasn't got a decision.

[eliza720]

Hi - I saw your post and wondering if your friend has any update on the case? I have applied almost 21 weeks ago and still hasn't got a decision.