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Topic: So, I haven't investigated much yet..  (Read 2232 times)

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So, I haven't investigated much yet..
« on: December 01, 2018, 04:28:44 PM »
But say someone is in the UK as an EU dependent for two years. They are offered a professional position with a company that would agree to sponsor them on a standard work visa, if required.  Questions:

1) To be here as an EU dependent the person has to remain financially dependent on the EU sponsor. Once they accepted a professional position at a very good salary, they would no longer be dependent, so the terms of their being authorized to be in the UK would cease to exist. Their authorization would then be the work visa.

2) Assuming the organization was willing to sponsor the person, at what point could they apply for settled status (or the equivalent)? Would the clock start as of the date they came in as an EU dependent, or when they got the work visa?

3) Does being a recent graduate of a post-graduate Uni program impact any of the above?

I'll be looking as well, but thought I'd take a short cut.  ;)


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Re: So, I haven't investigated much yet..
« Reply #1 on: December 01, 2018, 04:35:08 PM »
The clock would reset and it would take 5 years to reach Indefinite Leave to Remain.  There are high salary requirements for ILR as a Tier 2 that need to be met. 

The big risk is that the “power” is with the employer and the employee depends on their sponsorship every step of the way.  It’s just like a marriage, if the employer wants out, the employee can be forced to leave.


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Re: So, I haven't investigated much yet..
« Reply #2 on: December 01, 2018, 05:22:15 PM »
2) Assuming the organization was willing to sponsor the person, at what point could they apply for settled status (or the equivalent)? Would the clock start as of the date they came in as an EU dependent, or when they got the work visa?

EU rules and UK immigration rules are not interchangeable.


3) Does being a recent graduate of a post-graduate Uni program impact any of the above?

If she was a student under UK immigration rules, on a Tier 4 visa, she would have been exempt from the Resident Labour Market Test and could have switched (in the UK) to her Tier 2 sponsor.

You can have a read to see if she will quailfy for a Graduate Tier 2 General visa, but I assume she would need to apply from her home country? Those on EEA routes who then can't qualify under EU rules e.g the Singh Ruling, have tried to apply for a UK immigration visa from the UK as they are married to a Brit and meet the financial requirements,  but were reporting they were refused as they didn't have Limited Leave to Remain. They then returned home to get the visa. A work sponsor will know the rules as it is their sponsorship licence on the line.

Tier 2 General visa
https://www.gov.uk/tier-2-general

« Last Edit: December 02, 2018, 04:53:08 PM by Sirius »


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Re: So, I haven't investigated much yet..
« Reply #3 on: December 01, 2018, 05:31:07 PM »


The big risk is that the “power” is with the employer and the employee depends on their sponsorship every step of the way.  It’s just like a marriage, if the employer wants out, the employee can be forced to leave.

They are allowed to look for another work sponsor and apply for another Tier 2 General, within the UK. I think they need a RLMT, physicskate will know.

Those on a Tier 2 General visa can choose to find another sponsor, but it is best if they don't leave their present sponsor until they have a new sponsor otherwise the race is on.
« Last Edit: December 01, 2018, 05:34:41 PM by Sirius »


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Re: So, I haven't investigated much yet..
« Reply #4 on: December 01, 2018, 05:34:32 PM »
They are allowed to look for another work sponsor and apply for another Tier 2 General, within the UK. I think they need a RLMT, physicskate will know.

Those on a Tier 2 general visa can choose to find another sponsor, but it is best if they don't leave their present sponsor until they have a new sponsor.

Correct. 


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Re: So, I haven't investigated much yet..
« Reply #5 on: December 01, 2018, 07:06:50 PM »
There are high salary requirements for ILR as a Tier 2 that need to be met. 

That's the problem for quite a few, and always has been for those who entered on other now closed visas too: they don't earn enough to renew their visa or apply for ILR and they can't find an employer who will sponsor them on that higher wage.

For the Tier 2 General visa, I think the renewal will need to be for a higher salary?  Those doing a job on the UK's SOL (Shortage Occupation List) don't need to meet the higher earning requirement that others must do and I think that is the same for those doing some types of PhD jobs even if they don't have a PhD, because it is the job that counts as the skill wanted.

 If they don't meet the financial requirement to renew their work visa or for ILR, and they want to stay,  they have to look for another route to settlement, often that's a partner of/marry, a British citizen as that financial requirement is much lower
« Last Edit: December 02, 2018, 04:55:46 PM by Sirius »


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Re: So, I haven't investigated much yet..
« Reply #6 on: December 01, 2018, 08:01:44 PM »
They are allowed to look for another work sponsor and apply for another Tier 2 General, within the UK. I think they need a RLMT, physicskate will know.


Unless the job is on the shortage occupation's list, yes a new RLMT must be conducted when changing employers (and changing roles to a different job within the same company).

I am the only person I've seen successfully change employers and that is because I was a shortage occupation worker and thus exempt from my new employer proving there was no one else qualified (not better qualified or more experienced, just qualified) for the role.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: So, I haven't investigated much yet..
« Reply #7 on: December 01, 2018, 09:08:45 PM »
I’m not super knowledgeable about this sort of thing, but I’m not 100% sure that it’s a requirement to stay “financially dependent” on the EU partner to stay living in the UK. I know several people here via their EU partner who work, and make decent money, so surely that’s allowed?

Not sure if it really impacts on your decision either way, but just seeking some clarification on this policy I guess.


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Re: So, I haven't investigated much yet..
« Reply #8 on: December 01, 2018, 09:13:07 PM »
I’m not super knowledgeable about this sort of thing, but I’m not 100% sure that it’s a requirement to stay “financially dependent” on the EU partner to stay living in the UK. I know several people here via their EU partner who work, and make decent money, so surely that’s allowed?

Not sure if it really impacts on your decision either way, but just seeking some clarification on this policy I guess.
Civil partnerships and marriages are different than the scenario of Nan and her daughter. I can't give any more info than that as it's not something I know much about as I'm here on the UK rules and keeping up on them is my main priority!

Sent from my Pixel C using Tapatalk



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Re: So, I haven't investigated much yet..
« Reply #9 on: December 01, 2018, 09:16:42 PM »
Civil partnerships and marriages are different than the scenario of Nan and her daughter. I can't give any more info than that as it's not something I know much about as I'm here on the UK rules and keeping up on them is my main priority!

Sent from my Pixel C using Tapatalk

Ah, that makes sense! Sorry for any confusion — I’m on a Tier 4 and here to learn the UK partner rules (intended to switch in the mid-term) but was confused about the label “dependent”. Again, my apologies for putting my foot in my mouth with my very first post!  :-X


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Re: So, I haven't investigated much yet..
« Reply #10 on: December 01, 2018, 09:31:54 PM »
Ah, that makes sense! Sorry for any confusion — I’m on a Tier 4 and here to learn the UK partner rules (intended to switch in the mid-term) but was confused about the label “dependent”. Again, my apologies for putting my foot in my mouth with my very first post!  :-X

Don't worry about it :). Welcome to the forum :).

Nan is here as an EU citizen and her adult daughter has an EU dependant residence card - which means that in order for her daughter's residence card to remain valid, she must remain financially dependant on Nan (she is currently a post-grad student). If she starts working, she will not be an EU dependant anymore and will need to switch to a UK visa that allows work (i.e. a Tier 2 work visa) in order to remain in the UK legally.


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Re: So, I haven't investigated much yet..
« Reply #11 on: December 02, 2018, 02:26:03 PM »
I’m not super knowledgeable about this sort of thing, but I’m not 100% sure that it’s a requirement to stay “financially dependent” on the EU partner to stay living in the UK. I know several people here via their EU partner who work, and make decent money, so surely that’s allowed?

I’m on a Tier 4 and here to learn the UK partner rules (intended to switch in the mid-term) but was confused about the label “dependent”.

Welcome to the forum.

Is your partner a British citizen, or an EEA citizen using the EU's Free Movement to work in the UK?
« Last Edit: December 02, 2018, 02:46:46 PM by Sirius »


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Re: So, I haven't investigated much yet..
« Reply #12 on: December 02, 2018, 02:38:51 PM »
Welcome to the forum.

Is your partner is a British citizen, or an EEA citizen using the EU's Free Movement to work in the UK?

Thanks for the welcome!

He’s a British citizen. We began cohabitating this summer and are planning to go down the unmarried partner route in about 18 month’s time — I’m already saving our post and everything thanks to reading up on the requirements here!

I was just confused about the label dependent on the original post, since once my visa has been switched my partner is planning to back into education so I’ll be the primary breadwinner for a while.


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Re: So, I haven't investigated much yet..
« Reply #13 on: December 02, 2018, 03:01:27 PM »
Thanks for the welcome!

He’s a British citizen. We began cohabitating this summer and are planning to go down the unmarried partner route in about 18 month’s time — I’m already saving our post and everything thanks to reading up on the requirements here!

I was just confused about the label dependent on the original post, since once my visa has been switched my partner is planning to back into education so I’ll be the primary breadwinner for a while.

You will be on UK immgiration rules; much easier for you both than the EU rules.


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Re: So, I haven't investigated much yet..
« Reply #14 on: December 02, 2018, 03:06:49 PM »
Thanks for the welcome!

He’s a British citizen. We began cohabitating this summer and are planning to go down the unmarried partner route in about 18 month’s time — I’m already saving our post and everything thanks to reading up on the requirements here!

Feel free to start your own thread for any questions you have about your own application and visa situation - we'll be happy to help :).


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