Switching to Tier 2 General from PSW

[shubhendra]

Hello all,

I am stuck while filling my form for Tier 2 General.

My current status:
I am on PSW and my visa expires on 25th April 2014 (In 8 days from now).

I am working for a company 'A' for more than 7 months as self-employed (Invoicing them through my company 'B')
Because my visa is expiring the company to which I am giving my services ('A') wants to sponsor me for Tier 2 General.
The problem is I was never under their PAYE instead they were paying my company 'B'. I know it is easy to switch from PSW to Tier 2 General if I am their direct employee.

A stage in the application form comes where the company has to go through the entire hiring process in order to help me with Tier 2. But on the other hand I am already working for them through my company 'B' for more than 7 months and they really need me.

How can I tackle this problem as my visa is expiring in 8 days?

Please can anyone suggest on this?

Thanks

[manci]

is the company a licensed sponsor?
If yes, have they assigned a CoS to you?

[shubhendra]

Yes, this company is A Listed, but it cannot give me the COS letter straight away, as i have to be on their payroll for more than 6 months right.

[manci]

In order to be assigned a CoS you don't have to be on the company's payroll at all. The 6 month rule has been abolished long time ago. If the company suggested that this rule still applies I would be concerned about their knowledge of the sponsorship system.

Ask the company to assign an unrestricted CoS to you (hopefully they have an allocation available) and apply before 25 April. Once the CoS is assigned ask for a printout and check that it conforms to the rules, especially with regard to skill level and salary.

[shubhendra]

If this is true, this is awesome. I will ask my company on the next working day which is Tuesday the 22nd about it.
Does that mean I am exempted from the Resident Labour Market Test as well?

Thanks!

[manci]

you are exempt from the RLMT.

you'd do well to have a look at the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[H_K]

Hi

I have recently switched my visa from PSW to TIER 2 (General) from a sponsor, previously I have worked as a contractor for more than two roles in IT and with that experience am trying to apply for the contract roles.

But every time consulting companies are rejecting my application coz of my VISA status, could you please let me know weather can
I work as contractor on TIER 2 or not.

[manci]

@H_K
Look at p49, supplementary employment, in the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

There was a discussion on the forum some time ago whether self-employment counts as "employment" in this context. IMHO it does.

[Atish]

Hi Manci,

I have a similar problem regarding Job code as well. I have just posted a topic. Could you please advice me on what should be the next step. please.

http://www.immigrationboards.com/uk-tie ... 62727.html

Thanks,
Atish

[H_K]

@H_K
Look at p49, supplementary employment, in the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

There was a discussion on the forum some time ago whether self-employment counts as "employment" in this context. IMHO it does.

Hi Manci

the following URL is dead, could you kindly help me with this question please, am going to withdraw my TIER 2 sponsorship
on Tuesday and return back to my country.

I have been trying on this Visa from last 5 months.

[manci]

@H_L
hopefully the link is now OK:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[shubhendra]

Manci,

You were a savior! although the policy guidance for Tier 2 was not very clear about exempting PSW holders , I found it is specifically mentioned in the Sponsor Guidance (Section 28.

https://www.gov.uk/government/uploads/s ... _04-14.pdf

This is such a clear proof. I think not many know about this change, not even my company.

Thanks a million again.

Cheers

[H_K]

Hi Manci,

This completely out of the TIER 2, Like I have taken some personal loan from a Bank in UK, where I was promptly paying all the direct debt but unfortunately coz of TIER 2 lost my job and Now can't pay my Loan.

So planning to change my status to TIER 4 again rather going back to India, to make my 6years of stay in this country to help for my
ILR, so if I approach any Credit Dispute Solicitors does this effect my Immigration in any point of my stay.

Like after four years I can file ILR, so could you Kindly let me know about this please.

thanks