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Immigration Warrior
Immigration Warrior, Lawyer
Category: Immigration Law
Satisfied Customers: 2227
Experience:  Solicitor
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If i have a worker with a dependant visa( does not need to

Customer Question

if i have a worker with a dependant visa( does not need to be sponsored by us ) who needs to switch to a skilled worker visa as her partner is returning to Inda, can she make the application to switch to skilled worker visa and continue to work for us, whilst we go through the process of becoming a sponsor employer? or do we need to be a sponsor employer and issue her with a sponsor certficate BEFORE she can apply to switch?
JA: Could you provide me with any other relevant information about the situation surrounding the visa?
Customer: it allows her to work ( aside from being a sportsperson) as long as her partner holds his own skilled worker visa and is located in the UK. her dependant visa expires on 14 May 2022
JA: Have you already talked to a lawyer about the visa?
Customer: she( the worker) is making her own enquiries , i have not
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no i dont think so
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 14 days ago.

Hi

Further to your question, I am an immigration solicitor and will be assisting you with your question today

Expert:  Immigration Warrior replied 14 days ago.

Kindly note that she cannot apply to switch to a Skilled Worker Visa until you have a Sponsorship Licence and give her a certificate of Sponsorship.

Unfortunately, without this certificate of Sponsorship she cannot switch to a Skilled Worker Visa.

Expert:  Immigration Warrior replied 14 days ago.

Please refer to the guidance below

https://www.gov.uk/skilled-worker-visa

Customer: replied 14 days ago.
ok so does that mean that she will have to leave the UK and retrurn home to India and make the application from there? or could she remain in the UK but not work whilst we get our sponsorhip in place?
Expert:  Immigration Warrior replied 14 days ago.

Does she have a visa at the moment?

Customer: replied 14 days ago.
she has a dependant visa - her partner whom she has been living with in the UK, has a skilled worker visa. However he now must leave and retrurn to India with his job, so she needs to be an independant skilled worker without relying on his visa. her job is a manufacturing process engineer - she is definately eligible and paid enough to be a skilled worker applicant
Expert:  Immigration Warrior replied 14 days ago.

Apologies, I've just read that her visa expires on the 14th May 2022. She would need to go back and thereafter once the Sponsorship Visa is granted she can apply for the Skilled Worker Visa

Expert:  Immigration Warrior replied 14 days ago.

Kindly note that the Sponsorship Licence can take from 3-6 months to be granted.

Customer: replied 14 days ago.
ok I understand thank you. so she would apply as if she is coming to the UK to work with us for the first time, and we are sponsering her to undertake a skilled job. wow i did not know that . ok thank you
Expert:  Immigration Warrior replied 14 days ago.

Kindly note that is correct.

I am glad that i could assist you today and many thanks for visiting the JustAnswer website.