Switching a Dependent Visa to Tier 2 in the UK: Navigating the Requirements and Process

Many individuals seeking to work and live in the United Kingdom face unique challenges, especially when transitioning from a dependent visa to a Tier 2 Skilled Worker visa. This article aims to provide clarity and guidance on whether and how this transition is possible within the UK, highlighting the necessary steps and eligibility requirements.

Can You Switch a Dependent Visa to Tier 2 While Inside the UK?

Yes, it is indeed possible to switch your dependent visa to a Tier 2 Skilled Worker visa while remaining in the United Kingdom. However, this process does come with specific requirements and ample preparation needed.

Key Requirements:

A job offer from a licensed Tier 2 sponsor A valid Certificate of Sponsorship (CoS) from your sponsor Meeting the salary and English language requirements Providing proof of maintenance funds (if required)

To start the process, you must:

Apply online for the Tier 2 visa Submit the required fee Attend a biometrics appointment Submit all necessary documents supporting your application

It is crucial that you apply before your current dependent visa expires to avoid any legal complications.

Consequences of Recent US Bans and Immigration History

Individuals with a history of recent bans in the United States and attempts to enter the country despite a ban may face significant difficulties. The UK will check your immigration history, and the US authorities will inform them. Given your history, it is extremely unlikely that you will be granted a Tier 2 visa as the Home Office views such behavior as indicative of an intent to immigrate rather than study.

Red flags:

Coming to the UK to work and immigrate, rather than study Trial applications that are unsuccessful Bans on entry when previously allowed

These behaviors could result in deportation, so it is imperative to adhere strictly to the UK's immigration rules and avoid any actions that might be seen as suspicious activity.

No Undergraduate Dependent Visa in the UK

In the UK, there is no such thing as an undergraduate dependant visa. For graduate students, however, they can work normally on such a visa. While a dependant may switch to a Tier 2 visa at the same time the main applicant does, there are specific conditions and restrictions in place. It is important to understand the rights and limitations of a graduate dependant visa and the challenges in finding employment that can sponsor a working visa, or even one that provides sponsorship for a spouse.

Key points:

Dependents can work normally on a graduate entry visa More difficult to find a job that can sponsor a spouse and working visa Dependents may have to leave if they cannot secure job sponsorship in the given time

Eligibility for Tier 2 Visa in the UK

UK government guidelines are clear on who can switch to a Tier 2 General visa while remaining in the UK. Specifically, these categories allow the transition:

Tier 1 visa holders Tier 2 Sportsperson visa Tier 2 Minister of religion visa Tier 2 Intra company Transfer visa (pre-2010) Tier 4 visa holders who can complete their course or have done at least 12 months of a PhD Start-up visa holder Innovator visa holder Dependent partners of Tier 4 visa holders Representatives of overseas businesses

It is crucial to check if you fall into one of these categories and if not, you will need to leave the UK to apply.

Conclusion

For those currently holding a dependent visa in the UK, the process of switching to a Tier 2 Tier 2 Skilled Worker visa is not impossible but does come with significant hoops to jump through. Preparation, attention to details, and adherence to the UK's strict immigration rules are essential to ensure a smooth transition. As always, the UK government's official website offers the most accurate and up-to-date information.