WP / Tier2 to Tier1 dependent

hussainkothari · Post by **hussainkothari** » Thu Jun 09, 2011 1:08 pm

Hi,

My spouse is on a T2 and she wishes to change to a T1 dependant. In order to have an in person appointment, what type of application (PBST2?) shall I select while making an appointment at the ukbabooking website?

Thanks,
H

ddb · Post by **ddb** » Thu Jun 09, 2011 1:40 pm

I don't think your spouse is allowed to switch from Tier 2 to a dependant. She'll have to make an out-of-country application. See Switching to dependant route, and below;

319C. Requirements for entry clearance or leave to remain wrote:(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).

hussainkothari · Post by **hussainkothari** » Thu Jun 09, 2011 2:13 pm

huh.. really? That's pretty unusual.

ddb · Post by **ddb** » Thu Jun 09, 2011 2:28 pm

Yeh it is, isn't it? Unfortunately these are the rules. Perhaps your wife should consider extending her Tier 2 (General - I presume); wouldn't that be easier? Eventually, she would be able to just apply for an ILR when she reaches the 5 year threshold via Tier 2 (General). Just my two pence.

hussainkothari · Post by **hussainkothari** » Thu Jun 09, 2011 2:52 pm

She wants to switch jobs and her Tier2 would not allow her to do so. Hence she wants to switch to a Tier1 dependant.

Post by **geriatrix** » Thu Jun 09, 2011 3:06 pm

She cannot switch. To change immigration status, as intended, she must apply for entry clearance from outside the UK.

kk76 · Post by **kk76** » Mon Jun 13, 2011 4:24 pm

Hi,

I am on work permit from June 2007 and due to my redundancy, I am planning to go under my spouse Tier 1 general(PBS) as dependant and My spouse to came to UK in Feb 2011. Is it possible to apply from Incountry?

Many Thanks

KK

Post by **geriatrix** » Mon Jun 13, 2011 4:37 pm

kk76 wrote:Hi,

I am on work permit from June 2007 and due to my redundancy, I am planning to go under my spouse Tier 1 general(PBS) as dependant and My spouse to came to UK in Feb 2011. Is it possible to apply from Incountry?

Many Thanks

KK

Did you make an effort to read through this topic .. and the information provided?

kk76 · Post by **kk76** » Mon Jun 13, 2011 4:49 pm

Yes of course I did. I thought I could apply in country until I saw the thread detailing can't switch from tier 2 to Tier 1 dependant in country. But I am on work permit, so got confused. Moreover my spouse was granted Tier 1 before we got married with out any dependant on her application and came to uk.

So now I am not sure!!! I would much appreciate your help.

Post by **geriatrix** » Mon Jun 13, 2011 5:00 pm

319C(h) applies to everyone wishing to change to PBS dependant.

kk76 · Post by **kk76** » Mon Jun 13, 2011 5:47 pm

Hi ,

It appers as I could only switch into dependant route if have permission to stay here as a dependant previously. Can you confirm is this correct, if so this seems to be a catch 22.

hussainkothari · Post by **hussainkothari** » Tue Jun 14, 2011 11:17 am

Hi kk76 / sushdmehta.

My wife was once upon a time my dependent. She has recently been on Tier2. She wants to get back to being my dependent.

Going by what kk76 has said, is it possible for her to transfer back to my dependent while being in the country? I couldn't make this out from section 319C.

-H

kk76 · Post by **kk76** » Tue Jun 14, 2011 8:53 pm

Hi H,

As per my understanding you cannot apply in country from work permit/ tier2 to Tier 1 dependant.

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WP / Tier2 to Tier1 dependent

WP / Tier2 to Tier1 dependent

Re: WP (Tier2) to Tier1 dependent