Can a Tier 4 Dependent Switch to a Tier 2 General Visa?
If you are currently in the UK on a Tier 4 Dependent Visa, you may be wondering if you have options to switch out to an alternative visa route that may be more beneficial. In this article, we are going to look at one such option: switching from a Tier 4 Dependent Visa to a Tier 2 General Visa. We will look at the possibility of the switch, and how you can turn your current Tier 4 Dependent Visa into a Tier 2 General Visa should that be the path you wish to follow, alongside offering some advice on staying in the UK long-term.
Can I Switch from a Tier 4 Dependent Visa to a Tier 2 General Visa?
Yes, you can switch from a Tier 4 Dependent Visa to a Tier 2 General Visa. You will, of course, need to meet the eligibility criteria for the new visa route, but as long as you do, there is no reason that you cannot switch from a Tier 4 Dependent Visa to a Tier 2 General Visa. You will need to ensure that you gain a Certificate of Sponsorship (CoS) from a Tier 2 Sponsor Licence holding business. They will also be required to carry out a Resident Labour Market Test to ensure that there are no other local workers who can take on the role. While, understandably, this seems unfair, you are being treated as though you were looking to enter the country in the same way that Tier 2 General Visa applicants normally do.
You will need to ensure that the role you are looking to take on meets the eligibility criteria (30,000 per year salary and that the salary is appropriate to the role). You will also need to ensure that you yourself meet the eligibility criteria as laid out below:
- Have a valid Certificate of Sponsorship (CoS)
- Will earn the appropriate salary for the role (at least 30,000)
- Prove your English language knowledge
- Have a sufficient level of savings
- Show your previous 5 year travel history
- Provide a Tuberculosis test result if you are from an applicable country
- Provide a criminal records check from any country that you have lived in for more than 12 months in the last 10 years (depending on the role)
As long as you can meet this criteria, you can apply to switch from your current Tier 4 Dependent Visa to a Tier 2 General Visa. There are also some conditions that are linked to the study that the Tier 4 Student Visa holder you are reliant upon for your Tier 4 Dependent Visa is undertaking. For more information, get in touch and our team can ensure that the guidance laid out above applies to your specific situation.
Is There Any Benefit to Switching from a Tier 4 Dependent Visa to a Tier 2 General Visa?
Under the circumstances this is quite an important question. A Tier 4 Dependant Visa already allows you to work, so what is the true benefit of switching to a Tier 2 General Visa? The main benefit is that a Tier 2 General Visa allows you to build up time in the UK that can be used towards gaining Indefinite Leave to Remain - whereas a Tier 4 Dependent Visa does not. From a long-term perspective, this gives a whole raft of options that are not available while you are on a Tier 4 Dependent Visa. If your plan is to remain in the UK for the long-term, switching from a Tier 4 Dependent Visa to a Tier 2 General Visa makes a lot of sense.
It is the long-term opportunities that mean switching from a Tier 4 Dependent Visa to a Tier 2 General Visa is a popular step. Call us today to talk about the potential benefits to you and your family that can be gained by switching from a Tier 4 Dependent Visa to a Tier 2 General Visa. We can guide you through the switching process and ensure that you have the best chance of staying in the UK for the long-term.
Can I Gain Indefinite Leave to Remain After Switching from a Tier 4 Dependent Visa to a Tier 2 General Visa?
Yes, it is possible to gain Indefinite Leave to Remain in the UK after switching from a Tier 4 Dependant Visa to a Tier 2 General Visa. You need to be aware that the time you have spent in the UK on your Tier 4 Dependant Visa will not count towards the 5 years that you require in order to apply for Indefinite Leave to Remain in the UK. Once you switch to the Tier 2 General Visa, your 5-year period for Indefinite Leave to Remain in the UK will then start.
At the end of your 5 year period (which will consist of an initial period of upto 5 years and 14 days, and then an extension - if required) you will be able to apply for Indefinite Leave to Remain. This will free you from being under immigration control in the UK. Once you have had Indefinite Leave to Remain in the UK for 12 months, you can apply British citizenship in order to allow you to become a British National. Gaining citizenship is the ultimate aim for many migrants to the UK, and with the right advice and help, it is achievable. So call us today and let our team help you get on your way to ensuring that the UK is your home for the long-term.
Where Can I Get More Help?
Our expert immigration solicitors can help you to maximize your options in the UK and can help with everything from applications to representing you at tribunals.
If you need more help with either a Tier 4 Dependant Visa issue, or indeed any other immigration query, don't hesitate to get in touch with our team who will be more than happy to help you.
- How Can I Access The Skill Level Requirement For Skilled Workers?
- How to Avoid a Skilled Worker Visa Refusal
- Eligibility Criteria for UK Tier 2/Skilled Worker Visa Extension Under The Same Employer
- What is the Application Process for a Tier 2 / Skilled Worker Change of Employer?
- When Can a Tier 2 / Skilled Worker Dependent Apply for ILR?