1. Do I need a Visa?

Check if you need a Visa 

2. Can a Dependant of a Work Permit Holder Get a Visa?

A dependant of a work permit holder can obtain a visa for entry to the UK that will match the duration of the work permit holders leave to remain. The dependant must be under 18 years of age, not be living independently and is unable to financially support themselves.

3. Can a Dependant of a Points-based System Migrant Get a Visa?

Yes, see UKVI document PBS Dependant Policy Guidance

4. Do we report to UKVI if a migrant worker gets Indefinite Leave to Remain or Gains British Citizenship? 

There is no need to report this to UKVI, even if the existing permission (work permit or points-based) still has some time to run. The HR Section will update their database to reflect the new visa details, and if someone has gained British citizenship, their nationality can be changed to British. Copies of original documents should be taken.

5. Can an Individual who is Working for us on a Dependant's Visa Switch into Tier 2 for the Same Job?

Switching (the term used when a migrant who is already legally in the UK changes immigration status from one immigration category to another) is only permissible in certain limited situations. Switching enables some of the criteria for points to be waived. It is not possible to switch from a dependants visa into Tier 2 (General), or any of the other Tier 2 sub-categories.

In certain circumstances the individual may be able to apply for their own Tier 1 (High value migrants) leave to remain (for a maximum of 3 years), and then be free to take up any employment in the UK for the period of the leave to remain.

However, in many cases the only option is to advertise the post that the individual is in. If the individual has the appropriate qualifications, English Language and maintenance (funds) and no EEA national is suitable for the job, then it may be possible to apply through Tier 2 (General) for a Certificate of Sponsorship.

6. How Long After a Position is Advertised Can we Apply for a Certificate of Sponsorship (CoS)?

A Certificate of Sponsorship must be assigned within 6 or 12 months of the date the vacancy was first advertised, depending on the nature and level of position.

7. How Long does a Certificate of Sponsorship Remain Valid?

A certificate of sponsorship under Tier 2 remains valid for 3 months from the date of assignment by the UKVI Managed Migration online system. An application for leave to enter or remain in the UK must be made within that 3 month period.

8. How Much Time Can an Employee Remain in the Country after the End of the Period of Employment?

The UKVI will normally give the employee leave to enter and remain in the UK one month more than the period of employment or 3 years and one month, whichever is shorter. Therefore, depending on how far in advance of the start date the employee entered the country (see Q7 above) the employee should have a leave to remain for a minimum of 14 days after the end of the employment.

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