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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 564
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Current scenerio: I initially moved to UK July 2012 under

Customer Question

Current scenerio:
I initially moved to UK July 2012 under Tier 2 Intracompany transer visa. My wife joined me as a dependent. January 2015, I took a job with a new employer and have since been on a Tier 2 Migrant Visa on a salary of £153,500k. My wife is under my visa as a dependent. We are currently exploring options to transfer our visa as her company now wishes to sponsor her. Her salary is £65k with 10% bonus. She has been working with the company since September 2012. Her current job title is Head of Events. The company she works for is an association (not for profit) in financial services.
Questions:
• I understand that my wife’s company must do the following. Please confirm.
o Apply for a sponsor licence
o Issue a certificate of sponsor
o Job must pass the resident labour market test
o Apply for visa
• Given her salary, does my wife’s job need to be posted on Jobcentre Plus website? Does this need to be posted on a second site? How long does it need to be posted (28 days)?
• Given our situation, does the application need to be done from Canada or can it be done in the UK?
• Can you confirm that with 80 points, she will be eligible for sponsorships (Tier 2 General)
o 10 (Maintenance/£900 in savings)
o 10 (English Language/Canadian)
o 30 (Sponsorship/job not on shortage list)
o 10 (Academic/Bachelors degree in Communications)
o 20 (Prospective earnings/over £32k salary)
• Are there any limitations on transfering our visa status so I can join her as a dependent?
• Can you confirm that no ‘cooling off’ period applies to switching visas in our circumstances?
• Are there any limitations on jobs that I could pursue as her dependent if application is successful?
• Do you have any idea how long the processing time will be?
• Please confirm approximate costs below?
Costs:
• Sponsorship licence: £500 + £630
• Fees: £564 - £1,051 per person (depending on priority level)
• Health surcharge: £1200 total
• Travel to/from Toronto (TBC)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Quite a few questions in here. I will review and come back to you within a day if thats ok?
Customer: replied 1 year ago.
Okay thanks. I'm hoping that Most of the questions aren't to difficult as we did our research, but there are some that we need advice/clarification.
If you need to call me, my number is *****
Many thanks
Dan
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your patience.
Firstly, the Tier 2 (General) category exists to allow UK employers to recruit non EEA workers to fill a job that cannot be filled by a British or EEA worker. The vacancy must also be for a role that is skilled to National Qualification Framework. If your wife's company is a limited company she must not own more than 10% of its shares unless she earn more than £155,300 a year. If a sponsorship licence is granted to her company, her company must apply for a certificate of sponsorship. All post filled by a Tier 2 (General) must satisfy the RLM test unless exempt. Where the RLM test applies the vacancy must first be advertised in the UK according to Appendix A at
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-a-attributes
An applicant with a dependent partner visa of someone with a Tier 2 (General) visa cannot switch to a Tier 2 (General) visa from within the UK.
Note 10 points is allocated where she has £954 in savings not £900.
Your wife will require 50 points for attributes, 10 for maintenance and 10 for English language.
You should check the cost and processing time as they may change from the Home Office website at https://www.gov.uk/tier-2-general/overview
There is also a genuineness requirement which must be satisfied.
The cooling off period does not prevent you leaving the UK as a Tier 2 Migrant, and returning as a Tier 2 Dependent (or vice-versa).
I hope this clarifies your enquiry.
Customer: replied 1 year ago.

Thank you, ***** ***** answer my questions!

Last question, (will leave you an amazing review!)

Both my wife and I are 30 years old (I turn 31 on 12th Feb), would I be elgible for a Tier 5 Youth Mobility Visa with my history of having two VISA's already?

All the best!

Dan

Expert:  frantzgregory replied 1 year ago.
Hello
The Tier 5 YMV is open to applicants 18 or over and under the age of 31 on the date an application is made. It is open to Canadian citizens. Entry clearance is mandatory and you cannot switch into a Tier 5 in country. If successful you are only able to spend a maximum of 2 years in the UK but subject to restrictions on self-employment. In light of your current intentions, you should consider whether a Tier 5 is appropriate.
I hope this answers your question.
frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Just to be clear, does this mean if I get a Tier 5 YMV, and the two years complete - I will not be able to apply to another VISA after that?

Thanks for all your help!

Dan

Expert:  frantzgregory replied 1 year ago.
Hello
You would not be able to apply to extend under Tier 5 YMV.
I wish you all the best.