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ExpatPumpkin
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Yet Another UK Visa Question (Sorry!)
DH is on a Tier 2 (intra-company transfer) and I am his dependent... We truly regret not just applying for a Tier 1 last year, because we both would have qualified. But we didn't know all our options and that avenue's not open any longer.
The problem with the Tier 2 is that DH is stuck with his company. Or is he? I mentioned this to a friend the other day and she said that he should look for a new job - that if they really want him, they'll sponsor him. Is this true? Is it even possible for another company to sponsor a Tier 2 visa-holder?
I don't want to get my hopes up, but DH has a top-5 European MBA plus Latin American experience (not so common) so he should have great options. If he can even be sponsored.
Thoughts?
Re: Yet Another UK Visa Question (Sorry!)
Tofumonkey is our UK visa expert, I'm sure she'll pop by soon but basically, it's not going to be easy.
I don't know your DH's industry ... if the company (he's applying to) already does other sponsored visas, then it would be fine as I assume they know how to handle sponsored visas. However if they don't it can get complicated as they'll need a license, and will have to prove that no one in EU (yes EU, not just UK) can do the job as well. Which most employers can't be bothered with! I think if the company is American this may be slightly different...
Why doesn't your DH qualify for Tier 1 now?
But yes, it's a possibility, just may be slightly difficult!
Thanks! Yes, I'm hoping Tofu will see this
The reason DH can't get a Tier 1 now is because they basically cancelled that scheme earlier this year. It's my understanding that they aren't accepting Tier 1 applications. Otherwise, he would be eligible...
Just been through this.. Used to qualify for Tier 1, Applied for Sole Rep, ended up just going initially on 6 month business visitor...
Ended up getting married to a brit and getting work rights as a spouse...
The UK visa system is really messed up right now with all the changes going on. I have a relative who works directly on the type of visas I needed and she was being told multiple different things...
Good luck.. I would suggest any route you go down make sure someone with experience is looking over all the paperwork before it gets down
Hi ExpatPumpkin,
Yeah, you really should have applied for Tier 1 General when it was still open. No sense beating yourself up over it, though.
Yes, your DH is stuck with his company in the UK, because he is a Tier 2 holder. He can change jobs, but would need new sponsorship from the new company.
However,
Your situation is more complicated because you are under Tier 2 ICT and not Tier 2 General. Tier 2 ICT's cannot switch into Tier 2 General within the UK, you would need to leave the UK and re-apply for Entry Clearance with sponsorship from a new sponsor.
(only Tier 2 Sports and Tier 2 Minister of Religion categories of Tier 2 can switch into Tier 2 General in-country)
However, unless your DH is making ?140,000 or more per annum this will not be as easy as it sounds.
The UKBA has split sponsorship certificates for in-country applications and entry-clearance applications ( applying from outside of the UK ) into two sponsorship certificate categories. Unrestricted CoS ( employers holding a sponsorship licence are given an annual allotment of unrestricted CoS that they can issue to people who are in the UK and making their application in the UK and meet the qualifying criteria of their application ) and restricted CoS - which are for use outside of the UK in Entry Clearance applications.
For an employer to sponsor a migrant under Tier 2 General with a restricted CoS, they must first do the Resident Labour Market Test (advertising the job on jobcentreplus.gov.uk and another site as per the specified codes of practice for the position he is offered, like reed.co.uk for a minimum of 28 days. They must keep the CV's that applied and if ever the time comes, must be able to justify why they felt the need to hire you. The best way to go about this is to tailor the ad for your husband based on his unique strengths and experiences, etc.However, there is a risk that the RLMT works and they get better applicants and choose to hire them instead )
Anyway,
After they have done the RLMT, they must apply directly to the UKBA for a restricted CoS for your husband - only a limited amount are granted each month, and they are given based on highest rate of salary first. So if enough companies apply for a CoS that month that have a higher offered salary than your husband, you would need to wait for the next month, and so on, etc. and keep re-applying until you get one. Unless your salary is over ?140,000, at which point it is a simple application for a CoS.
Once you get a CoS and the RLMT is complete, it's a simple application for Entry Clearance under Tier 2 General ( with you as his dependent, I'm assuming) and you're good to go with the new company.
The giant pain is that you can't do all of this in-country because of your current status under Tier 2 Intra-Company-Transfer. Otherwise it would have been much easier for you.
My advice to you would be to go ahead and apply to other companies if staying here is something that you would like to do. (please note that you as a Tier 2 ICT dependent cannot switch into Tier 2 General with your husband as your dependent either - any switching on your part would also be an entry-clearance application). The immigration implications of work visas can always be sorted out once a position is offered.
I hope that helps,
Tofumonkey
Chronically hilarious - you'll split your stitches!
I wrote a book! Bucket list CHECK!
http://notesfortheirtherapist.blogspot.co.uk
Thanks, Tofumonkey! Sorry for not getting back to you earlier - I was offline for a whole day! This really does help, even if it's not the answer I was hoping for
It sounds like he really is stuck with his company for now. Hindsight's 20/20 and I just wish we'd known about the Tier 1 when we made our initial application last year... Oh well, DH's job isn't horrible.
One last question, though:
What about me? Right now I'm a dependent. But I can work. If I get a job, would my visa status change? Would I then have a right to stay if he decides not to renew (and go home)? Is there a chance that my working could lead to me being the primary visa-holder? And if so, could he convert to the dependent and therefore have the ability to work for any company (as I do now)?
Sorry, I know that's a long question! I hope I'm making sense. Thank you sooooo much for your expertise!