PSW to T2 dependent (& timings)

Hello all,

Several questions. I'm on a Tier 1 Post Study work visa (expires Feb 2012). I'm getting married to a South African on a Tier 2 (expires May 2012). We're doing the legal ceremony here in the UK at some point after the family wedding/reception in June in SA  

We've got everything under control with regards to the maintenance, but I am not sure about timing and recommendations...

- Is it possible to switch from a T1 PSW to a T2 dependent in-country?

I would also like advice if it would it better for us to run the clock out on my visa before applying for me as a dependent, or is that something we should look at doing as soon as possible? (just based on the climate atm?)

Finally, just so I have some idea as to how T2 works, two questions:

When a company sponsors you, do they have an allocated block of certificates they draw from that they will continue to have year-on-year, or do companies need to apply for a new certificate each time they want to extend an existing T2 worker's contract and visa?

If you apply for a renewal of your T2 visa, and they hit quota for the month, but your application has been accepted for processing are you still cleared to continue working until a decision has been made (even if your visa will have run out)?

My ultimate goal is to avoid the nightmare of US immigration, as much as is in my control. I don't much fancy learning about the ins and outs of South African immigration services, especially because I haven't yet found a community as helpful and friendly as you all have been for the past three years I've been lurking and posting!

Unfortunately you cannot switch from being a primary visa holder to a dependent visa holder in country. You'll have to go back to your home country in order to make the application:

PBS Tier 2 Dependents Guidance (Page 8, 34):

Switching into the route for Family Members of Points Based System Migrants

Switching is permitted when applying as a family member who currently holds leave as the partner or child of a person who had leave under another category and who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant.

As far as sponsor certificates there are a limited number allocated each year. The employer should be up on that guidance if they're a T2 Sponsor. It's not something we usually deal with as it takes very specialised knowledge. But you can read up on T2 Sponsors here: http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/

If application is made to extend a T2 before the current leave expires, then yes, you would be allowed to continue under the conditions of the visa you hold. So you can continue to work while the extension is in process.

There is no 'monthly quota' for T2 visas, there is a limit on the number of Sponsor certificates, once they're all issued, that's it. The employer would not be able to sponsor you so you wouldn't even get to the visa application stage.


Oh Just an FYI - If you plan on getting married in the UK then you'll both need a Certificate of Approval from the Home Office before you can have your legal ceremony.

Thank you for this, it is something I had missed/did not understand when reading the UKBA website, but we had considered due to costs and rejected because we already don't see each other enough living in the same country.

Fiance has good communication with his HR department, so I guess our next step is to confirm that they will have a certificate for him in the 2012 allocation. If not, then we have a visa-supporting nest egg in the bank and supportive family in the US (who would just lurrrve me to bring my potential grand-baby producing self & spouse back to California!).

We were aware of the COA, it's just so inconvenient. We're hoping by the time we do the legal bit, it will have been totally abolished---I'm travelling abroad in Feb and again in April, and then June for the wedding, so no time to send my passport off any time soon (plus we like 11/11/11).

Also, just to confirm: once you have a sponsor certificate to use there's no quota as far as a visa then being issued for you? I thought that the limits on T2 capped the number of visas they issued month to month?

If you're having a family wedding in South Africa first, why not just make that your legal wedding?

The celebrant isn't legally licensed and we both feel it will be much easier to transfer and access a marriage certificate in the UK than SA (this holds true if we decided to live in South Africa, or in my two countries of citizenship: the US or India).

I'm an Anglophile in any case, and we both want to make the UK our home and share some of our marriage with our friends over here, and those who might find a trip to London more affordable than Josi. At the very least, I will have something permanent for us with something charmingly related to Her Majesty's government written on it if we ever have to move on

Also, just to confirm: once you have a sponsor certificate to use there's no quota as far as a visa then being issued for you? I thought that the limits on T2 capped the number of visas they issued month to month?

No, Tier 1 visas for out of UK applicants were capped monthly. However T1 was permanently closed on 23 December 2010 for out of UK applicants & it will close in April for In Country applications.

Tier 2 has never had a monthly cap, it will have an ANNUAL cap after April 2011:

Limit on Tier 2 (General) certificates of sponsorship until 5 April 2011

On 21 December 2010, we announced an interim limit on the total number of certificates of sponsorship that sponsors can issue under Tier 2 (General) until 5 April 2011. The interim limit is 10,832 certificates, which includes certificates for both initial and extension applications. Any certificate that you assign to a prospective worker will be counted as 'used' and will be deducted from your allocation, even if it is assigned in error or is not used by the migrant to support an Tier 2 (General) application.

The above linked document also includes guidance for sponsors & the interim limit. As far as what will happen after April, that has not yet been disclosed.

You can read the Ministerial Statement regarding T1 Closure & T2 Interim Limits here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-review-ir-changes.pdf