International Nesties
Dear Community,

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Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.

Expatpumpkin - UK visa

Hi Expatpumpkin,

You're not necessarily stuck with your DH's company because of  his visa - he could apply for other jobs, get one, do the RLMT and then give 1 month of notice to his current position while applying for a restricted CoS - this can all be done from within the UK. Or to be safe, he can give notice to his current company once a restricted CoS is issued, so he can be sure that he can accept the new position. The entire process would take between 1-3 months. Then, once he leaves his current position you both fly to the States ( you have to apply for Entry Clearance from a country that you have resident status in - you can't just fly to say, Ireland and apply from there ).

If you want to become the primary visa holder, I mentioned this in my post below:

(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). 

You can certainly find a job in the UK, but they would have to sponsor you in the exact same way as your husband. As you are currently a Tier 2 Intra Company Transfer dependent, you cannot switch to another visa category within the UK either. You would also have to return to the States first and apply for Entry Clearance under Tier 2 General, with your husband as your dependent.

In this you would need to:

  1. be offered a job by a company with a Tier 2 A Rated Sponsorship Licence. If they don't have one, it takes about 2-4 months to get one.
  2. They would have to do a RLMT (?100 pounds, 1 month duration)
  3. They would have to apply for a restricted CoS (?170 pounds, 1-4 months depending on salary and the number of other applications at that time )
  4. Once receving your CoS, you need to return to the States and re-apply for Entry Clearance as a Tier 2 General migrant with your husband as your dependent.
So it's not difficult, but that is the time frame that you are looking at for both options.
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Chronically hilarious - you'll split your stitches!
I wrote a book! Bucket list CHECK!

Re: Expatpumpkin - UK visa

  • Okay, thanks!  This sounds SO MUCH better ;)  DH is going to meet with some headhunters soon, now that we know there's a path...

    My LAST question:  Are there any pitfalls we should watch out for?  I've read some nightmare stories about company sponsorship processes that have resulted in loss of visa, entry clearance, etc. 

  • Pitfalls? Here are the most common mistakes that I see:

    1. job doesn't meet the UKBA codes of practice salary requirement for Tier 2 General in its' category, or is calculated incorrectly.
    2. RLMT not done on the correct websites ( it is different for different jobs )
    3. Sponsorship Certificate issued before RLMT was finished
    4. Sponsorship Certificate not filled in correctly
    5. Maintenance not certified by sponsor
    6. bank statements - maintenance falls below specified period for one or more days of the requirement period - not checked properly
    7. dependent applies at separate time than main applicant, trouble getting visa for the dependent as a result
    8. company issues an unrestricted CoS to a restricted migrant
    So as long as none of the above happens, you're good. If you would like, I'm happy to help out with this kind of stuff for nesties, so let me know once you or your husband are at the immigration stage of your quest for new employment and I can help you to make sure it is done correctly and without any hassles.
    image

    Chronically hilarious - you'll split your stitches!
    I wrote a book! Bucket list CHECK!
  • Wow, thanks so much!  This is excellent info.  I really appreciate your offer of guidance with the immigration process, and I'll definitely take you up on that ;)
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