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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
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Experience:  Moderator
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My question is regarding UK visa Tier 2 General.

Customer Question

My question is regarding UK visa Tier 2 General.


 


I am a researcher and I got my new Tier 2 visa General sponsored by institute A. The position is funded by a Trust. After I started at institute A this month, our supervisor has negotiated with the Trust to move the lab and the funds to institute B based on the fact that the fund budget was not yet activated. He got the approval and we are moving to institute B.


 


My questions are:


1) Do I need to apply for a new visa, sponsored by institute B?


2) If a new visa is required does institute B has to advertise for the new job and run a labour test?


3) Is there any possibility for a visa transfer, and what could justify it?


4) In case of visa transfer is possible, what are the fees?


5) During the new or transfer application, do I need to be present in the country (UK)? 


 


As a side note, my partner got a Tier 2 dependent visa but didn't move into the country yet. Do you recommend in any of the cases above that my partner move into the country before I apply for a new or a transfer visa?


 


Many thanks.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.

UKSolicitorJA : Hello
Customer: replied 2 years ago.

I didn't get a reply from you.

Expert:  UKSolicitorJA replied 2 years ago.
What is your nationality?
Customer: replied 2 years ago.

I am from the middle east.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Unfortunately a new visa is required and Institute B will need to advertise the position, conduct a labour market test etc. the current visa cannot be transferred.

Your dependant should come to the UK before any new application is made as otherwise they could get delayed by the whole process.

If possible, you should try and continue under Institute A.

Can I assist further?
Customer: replied 2 years ago.

Thank you for your reply.

 

The agreement among the Trust, Institute B and my supervisor was to accept the fact that we need to be transferred as part of the group since I already started my work contract at Institute A. Staying with Institute A is not an option if my supervisor is moving. Since my position is funded from grant X (by the Trust) which is now moving from Institute A to Institute B, does this make a transfer possible?

 

If a new visa is to be applied for. How could my supervisor coordinate the resignation from Institute A, the advertisement of job at Institute B and the application of the new visa (time wise)? The idea is to start at Institute B on the 1st of June, but we are flexible.

 

The point obviously here is I want to avoid having any gap which may put me at risk of being asked to leave the country.

 

 

Currently, my dependents are living in EU (student visa), but as I mentioned they already got the Tier-2 General dependent visa (UK). Is there any advantage of asking them to move at once to the UK before a new application is started (time wise, visa fee, complications...)?

 

If my presence is not required for the time being, either in Institute A or Institute B, and I can work from home. Is it possible to be in my home in EU (rather than in the UK) during this process?

 

Many thanks.

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Thank you for your note.


 


Actually, I need to know by latest Monday afternoon. So, I will be able to wait until then. I hope I can find an answer to my inquiry.


 


Many thanks.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi again,


 


I would like to ask for a refund please.


 


Many thanks.

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