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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 780
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I got employment using a PBS dependant visa. I am now

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Hi,I got employment using a PBS dependant visa. I am now looking at moving away from this visa by requesting my organisation to sponsor me on a Tier 2 work Visa. To do this, I want to find out first if I can easily switch from this PBS visa to a Tier 2 visa while working even though the occupation is not on the shortage occupation list?
Customer: replied 1 month ago.
Additional information; I was previously under a Tier 2 Visa, then changed to PBS dependant. Will my intention to move to Tier 2 require me to leave the UK even if I have been here for a while and obtained PBS while in UK?


You are likely to fall under the cooling off period which means if you switch you cannot apply for a Tier 2 until 12 months have passed.

Customer: replied 1 month ago.
Hi,Sorry but the response is not quite clear. Let me rephrase and taking into account what you have said.If were to switch from a PBS to Tier 2 say after 12 months of being under PBS visa, will this be straight forward? My main concern is I am not sure if the application will fail as a result of my current job not being in the shortage occupation list. Hope you get my point of concern?

You switched from a Tier 2 to a dependent visa and now you wish to switch back to a Tier 2 visa. The cooling off period applies to you. You cannot switch to a Tier 2 until after 12 months.

The Tier 2 cooling off period prohibits a Tier 2 visa holder from returning to the UK for a period of 12 months after the expiry of their Tier 2 visa, or from switching back to a Tier 2 visa from another UK leave category within 12 months.

Customer: replied 1 month ago.
Hi,You are still not answering my main question. Don't know why you are ignoring it. The aspect of 12 months cooling period is straight forward and won't be coming here to ask that.My main question is about if there will be any issue re switching to Tier 2 from PBS in respect to occupation not been on the shortage occupation list? Normally for an application to be straight forward, the occupation should be in the shortage occupation list or employer will evidence that a residence labour test has been carried out. Now, given that I am already employed wit the employer, I just want to find out if this will be an issue or there will be an exemption in relation to labour test?

You would not be exempt from the RLM test as you are switching immigration categories

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