Tier 2, dependents on Tier 4. Switch dependents' visa?

I am in the process of trying to find the best visa for my family's needs (all of us are US citizens).  We have been exploring emigration to Scotland since early 2007 and many non-visa emigration processes for work and school are well under way.

My wife has been accepted to a university in Scotland, and she and our child can therefore obtain a tier 4 visa.  I am likely to obtain employment in Scotland that would qualify me for a tier 2 visa (unique "US-specific" consultant physician position with NHS Lothian, waiting last 18 months for certificate from www.pmetb.org.uk), but contractual acceptance of the position will likely take several months after my wife starts her degree program.  So for everything to work out for us to move to Scotland, my wife and child would enter first on a tier 4, and I would enter several months later on a tier 2.

Questions:

- Can my dependents each obtain a tier 2 dependent visa while holding a tier 4 (thereby relinquishing their tier 4 visas upon award of tier 2 dependent), or do they have to wait until their eligibility for their awarded tier 4 visas comes to an end?

- Are there limitations on where my dependents must be to make their tier 2 dependent application--must they be inside the UK, outside the UK, or either?

- If my dependents must be in a specific location to apply for tier 2 dependent, how long must they be in that location before they are eligible for a tier 2 dependent visa?

Advice, with references if possible, would be greatly appreciated!

For reference, look at www.ukba.homeoffice.gov.uk

But basically, if your family come to the UK as Tier 4/dependent and you then come over on a Tier 2, they cannot switch to being your dependent from within the UK.  It may make more sense either for them to wait and come over as your dependent, you to come over as their dependent, or for them to come over on Tier 4, you to come as Tier 2, and then next time they go home to the US they then make a fresh application as your dependents.

Hope that makes sense.

Vicky

That makes sense.  Thank you.

Could my dependents return to the US while their tier 4 visas are still in effect and make the tier 2 dependent applications, or would they have to wait until the tier 4 visas expired?

In our situation, would there be any mandatory waiting period inside the US for my dependents between holding tier 4 and applying for tier 2 dependent?

Thanks for your help, Vicky.  We've known www.ukba.homeoffice.gov.uk, www.ukvisas.gov.uk, and Worldbridge well over the last several months, and some potential issues are more clearly addressed than others; your help is invaluable for helping my family find a way to stay together and accomplish what we want with our academic careers.

No worries.

They can return to the US to apply for Tier 2 dependent visas whenever they like.  Once the new visas are granted the old ones are invalidated.  If they are refused for whatever reason, the Tier 4's remain valid.

Vicky

Again, thank you, Vicky.

One final question for down the road--say I have been on a Tier 2 in the UK for five years, but my dependents have had Tier 2 dependent visas for only four (my first year on Tier 2, they were on Tier 4).

If I were to gain UK citizenship or an ILR at that stage, my status as at Tier 2 holder would cease, and therefore my Tier 2 dependents would no longer be dependent of a Tier 2 holder, rendering their visas invalid.  What would you advise we do in this situation in order to stay together in the UK; could we all spend a sixth year together under Tier 2 and all apply for citizenship or ILR together, or would my dependents have to obtain a completely different visa to stay with me once I received ILR or citizenship on my own?

They should be able to apply for ILR when you do.

Vicky

All is clear now.  Thanks, Vicky!