April 2014 - Minimum NQF Level 6 COP - ONLY???

[tallat]

Hi,
I am applying for a new Tier 2 visa. My sponsors license expired and so I have to reapply with same company after they get a new license.
BUT!! The rules have changed since my last application in 2010! I had appropriate COP/salary for Level 4. Is it true that now you can only apply for a Tier 2 General if you have a Level 6 and minimum salary of about 50k? Even after doing the labour market test.
I cannot find the new COP's- PLease can someone help me, its really urgent.
Thanks.

[Apam]

1. Since you are continuing in the same job with same sponsor your job can be at level 4 and the salary has to be appropriate for your SOC or higher. 50k is not an absolute figure
2. Not sure how long your sponsor didn't have a license for, ifmore than 6 months, then yyour job may now have to be at kevel 6 to be safe. Then again salary has to be appropriate for your soc which may or not be 50k

[tallat]

It expired in December and we only became aware of this in March.
It seems like we have to go through the whole process of getting a new license, certificate, do the market test, and then only can I apply for a new sponsor visa. I have until the 17th May to get an application in. Which is not much time?!
Thank you for your answer/help

[jashds]

Where did you read about 50k?...I have done a lot of research on the new rules...The minimum salary has increased from 20,300 to 20,500...Can you please provide a proof stating it should be 50k?..I too am an aspirant and your post is making me lose hopes completely...

[tallat]

Hi,
I read on gov.uk. website that for New Applications it has to be minimum level 6 with the appropriate salary to qualify. (someone please correct me if I am misunderstanding this)? My job at level 6 is about 50K, but the same salary wont apply to all jobs you need to check the COP.

[hassanh]

The salary should be either minimum 20,500 or the relevant appropriate pay for the chosen SOC code (whichever is higher). For example: if the relevant salary for your job code is 18K then you should be paid £20,500. And if the relevant salary of your job is for example 25K then you should be paid £25,000 to claim points for Salary. Nothing fixed like 50K. I hope this will help.
Thanks,
Hassan

[jashds]

Thank you hassanh ....I can breathe again

[hassanh]

Tallat,
If your company sort our their sponsorship before your visa expiry i.e. 17th May then you can apply with NQF 4 as your visa will be the case of "Extension in the current job". You can have additional 28 days to make an application as 28 days out of time applications are considered in the normal way but major drawback is no right of appeal if the visa is refused.

In another situation, if (God Forbid) your company could not sort out their license in time before 17th May then there will be a problem as your company will have to carry out RLMT and also your job should be at NQF level 6.

I would say ask your company to speed up the license process by e-mailing HO and even if they don't get their license before 17th May, you should apply for the visa extension without the COS by attaching a covering letter from you and your company that they are in their visa renewal process and will provide you with the Cos as soon as their license application is approved and also request HO to hold your application meanwhile. The only drawback is if your company do not get the license then your application will be automatically refused.

Please, ask your employer to phone HO employer helpline to see what your options are. By the way, when your original was expiring? I am sure that I have read a case where leave to remain was curtailed due to sponsor did not renew the license and then the decision was reverted back when the company renewed the license in time.

I hope this information will help. Please, consult experts and look for all possible options and then take a decision.

Thanks,
Hassan

[tallat]

Thanks so much Hassan. My visa was due to end in August 2015.
My company have submitted an application for a new sponsor license today. And then we will apply for an extension on my same NQF level. We have contacted immigration lawyers who have advised us to re-advertise the job for (28 days) in the meantime. This will take me right up to the leaving date and i dont feel it is neccesary?!! I totally agree with your response, but am confused by the lawyers advice ;/
Thanks again for your helpful answer.

[hassanh]

Hi Tallat,

No RLMT needed if this is the case of extension of visa in the same job. They can conduct RLMT just in case if you are applying for a fresh Tier 2 leave but this will involve a job and salary at NQF level 6 and will involve complexities like choosing the right SOC code at NQF level 6 for you and company to agree to pay at the required level.

All you can do at the moment to ask your employer to speed up the license process (HO usually take 6 to 8 weeks but an employer can e-mail and phone them 2 weeks before the expiry date of candidates visa stating that the candidates visa is running out soon, then HO expedites the process) and you will also have the option to apply for extension without Cos (with an obvious drawback if your company failed to renew their license).

I must say again HO employer helpline will have the correct guidelines for you. Ask your employer to call them and seek suggestion. All the very best.

Thanks,
Hassan

[hassan5805]

Guys I need some information regarding my friend.

My Friend graduated from UK. He is doing ACCA now. His employer applying for sponsor.

My question is if he gets tier 2 visa will he be able to get ILR after the end of 5 years or not??

I will appreciate your early response.

Regards

[hassanh]

Hi Hassan,

Your friend will only be eligible for ILR after 5 years if he will be earning the relevent salary of his SOC code or 35K (whichever is higher amount) at the time of making ILR application. He will also need to produce a letter from his employer confirming the employer still wants him on job. I hope this will help.

Regards,
Hassan

[hassan5805]

Dear Hassan,

Thank you very much brother for your help.

One thing more please if his employer gets a Tier 2 sponsor can he apply straightaway or he can apply after one year of his employer sponsorship .

He is on student visa can he apply from inside UK??

His employer spoke to one Solicitor and he said after you get Sponsorship you cannot give any job in first year. IS this right??

Will appreciate your response.

Regards

[hassanh]

Hi Hassan,
He can apply straightaway as soon as his employer gets the license provided they also applied for unrestricted Cos allocation for him (they can apply for cos allocation later as well and this does not take long maximum 4 weeks).
He can apply within UK.
The employer does not need to wait for a year to employ him.
Thanks,
Hassan

[hassan5805]

Slam Brother,

Much Appreciated your help.

Regards