ICT-Tier 2 Short Term staff partner to Tier2(General) 2

[santosh_g31]

Dear Experts,

I am a physiotherapist and have successfully completed my Masters degree from UK in sept 2011 and returned back to India.
Now i am back in UK on dependent visa i.e. 'ICT short term staff partner' with my husband who is on 'ICT short term staff' visa and our visa is due to expire on 22nd August 2014.

I have got a job offer from a company who can sponsor me visa Tier 2 General and the employer is A-rated sponsor in the registry of Sponsors.

1)Can i switch to Tier 2 General in Uk itself or is it that i have to go back to India?

2)What is the minimum salary that the employer should offer me.?
currently what they are offering is
Basic Salary: £19,500 per annum
Bonus 35% of your gross collections on visits per month above a threshold of £6000 (see illustration below).
In addition to this, you will receive 50% of the profit from the sale of sundry items including pillows, ice packs etc.
Will this be sufficient?

3) Does the employer need to do RMLT as i have been a student here before and successfully completed my masters from UK itself?

4)Does the employer has to ask for sponsorship license for me or is it just has to apply for Cos.
How much time will this process take.

5)If everything goes fine and i successfully get Tier 2 general visa before the expiry date ,can my husband apply for dependent visa on my Tier2 General visa before the visa expires from UK itself ?

Thanks,
Santosh

[aja]

1 ) Need to apply from home country (India)

2 ) Min salary should be as stated in SOC, Bonus and allowances might not count towards the basic salary, im afraid
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

3) Not sure though, however, as per my understanding, you can change from PSW to Tier 2 general without a RLMT only if
you switch before your PSW expires.
Experts may please clarify / confirm this:
4 ) If the employer is already on the registered list of Sponsors, that means they have sponsorship, they can assign a COS directly;
If my assumptions on q3 are correct, you will need a restricted COS; for which the employer will have to first complete RLMT and raise a COS before the 5th of any given month, the decision for the COS will be made by 11th of the same month.
once the COS is approved, they can assign it to you immediately and you can apply for entry clearance from home country.
5 ) Yes

[manci]

3. RLMT will be required

[santosh_g31]

Thanks a lot aja for your help,really appreciate, many many thanks.

Dear experts can you please help me on my below two questions please,as aja was not 100% sure about them.

3) Does the employer need to do RMLT as i have been a student here before and successfully completed my masters from UK itself?

4)Does the employer has to ask for sponsorship license for me or is it just has to apply for Cos.
How much time will this process take.

Thanks,
Santosh

[santosh_g31]

Sorry i missed the third post of yours.
The question about RMLT came to my mind because of the section 28.8(point f) in T2 sponsor guidance.So wont my masters degree done from Uk be beneficial for me to skip the RMLT ??

28.8 You do not have to conduct a resident labour market test if a migrant you want to sponsor is
applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay
in the UK under one of the following:
a) Tier 1 (Post-study work)
b) Tier 1 (Graduate Entrepreneur)
c) the International Graduates Scheme
d) the Fresh Talent Working in Scotland Scheme
e) the Science and Engineering Graduates Scheme.
or where
f) they have, or were last granted permission to stay in the UK as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave that includes their
last grant of leave, they have received final results confirming they:
▪▪have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s
degree, or
▪▪have passed and will be (or have been) awarded a UK Postgraduate Certificate in
Education, or
▪▪have passed and will be (or have been) awarded a Professional Graduate Diploma of
Education, or
▪▪have finished a minimum of 12 months study in the UK towards a UK PhD.

[Jeeves]

You weren't last granted leave in any of those categories - so that section doesn't apply.

[aja]

4 ) Sponsorship is for the employer.
COS is for the employee

If the Employer already has sponsorship,
a) Employer will have to conduct RLMT for a min of 28 days in line with the RLMT procedure.
b) After successful completion of RLMT, raise a Restricted COS before 5th of any given month.
c) Decision on COS will be made on 11th of the same month ( + 2 days if 11th is a bank holiday or a weekend)
d) Once COS is approved, employer will have to assign the COS to you
e) You will have to obtain Entry clearance from home country with the COS

[santosh_g31]

Thanks a lot aja for your help.

Fortunately,my hiring employer who is already an A-rated sponsor has decided to do the RMLT from the next week which would complete at end of July.
Now my question here is

1)Is it that when the employer applies for restricted CoS they have to specify the name of the person whom they want to assign to or is it a generalised Cos that the company applies??

2)So can they apply for restricted Cos simultaneously along with RMLT ??
My concern here was if thats not the case,then i will have to wait till 11th Aug for my Cos as the RMLT would end around end of July.
But if they apply for restricted Cos simultaneously along with RMLT i can start my visa process immediately after the RMLT gets complete.

[aja]

1) Restricted COS is for the open position / job / to fill in the requirement.
No personal information of the prospective hire is required.

2) For raising a Restricted COS, sponsor / employer has to fill in details of the RLMT such the dates of job posting, dates of posting expiry, websites where the job was posted, reference numbers of the job posted, salary etc.
Therefore, the RLMT needs to be completed before the COS is raised.

Once the COS is approved, the COS is allocated to an individual.

[santosh_g31]

Really appreciate your help aja, many thanks.

However the company the will post the add soon and i hope everything goes fine.

Sorry I might be asking very silly question here

1) After the company posts the advert i will also have to apply against it right?

2) Also the RMLT process would get over at around end of July so my restricted Cos would come at around 11th Aug.
My visa expires on 22nd Aug.
So is it that i have to go India before 22nd Aug and apply before my visa expires or can i apply after my visa expires.?

[santosh_g31]

Dear experts,

Please reply.

Also is it mandatory that the advert should be placed on two different websites.
I mean the advertise has been placed on Job Centre plus and one of the prominent recruitment websites on 26th June itself.

But it is just showing on the recruitment organisation website.

I am not sure why i am not able to see the advert on Job Centre plus.

so is it mandatory that the the advert should be present on Job centre plus also to make the RMLT valid ???

Thanks,
Santosh

[Frontier Mole]

There are a couple of concerns with the information you have posted.
How much is the basic salary that is being offered?
If the role is not being advertised on any other web site other than the company how do they expect to meet the RLMT?

[santosh_g31]

Hi,
Sorry for the confusion created.
I am physiotherapist and the basic salary is 21500 required as per SOC codes so they increased that to this to be up to the mark,So this is no more an issue.


And they haven't posted the job on their own company's website rather they have posted it on two places on 26th June itself
1) www.physiobob.com which is a general prominent international website.
2) JobCentre plus(direct.gov.uk) on which i still cant find the advertisement.

So my question was is it mandatory that the advertise should be placed on Job centre plus also(though they have already posted it there) or just posting it on www.physiobob.com will do because i need to complete the RMLT before 5th Aug so that i can apply restricted Cos??

[aja]

2) JobCentre plus(direct.gov.uk) on which i still cant find the advertisement.

--- > As per rules of RLMT the job should be posted and published in job centre plus. You HR Should be able to check why the job is not getting published.
They can still post the job in job centre plus, fresh again.

[santosh_g31]

Thank you aja for letting that know
It was a struggle to get the job advert on jobcentre plus and thank god now the advert is live on it.

1) What if there are no applications received by the HR for the job for this post because it has beeen 10 days now and still no applications yet.Will this RMLT be valid?

2) My husband's ICT Tier 2 Short term staff visa is getting expired on 22nd aug so will also have to back with him as i am on his dependent visa and hence will be applying for my restricted Cos in September cycle after the RMLT.

My question is can my husband apply for his dependent visa along with my Tier 2 General visa from India, or is it that he cant apply because he would be subject to cooling off period of 1 year because of his visa category?
If yes what will be the documents required for the same?

Thanks,
Santosh

[santosh_g31]

Dear experts,

Any answers to my questions please ?

Thanks,
Santosh

[aja]

1. It isn't a problem if there has been no applications yet. Even untill the RLMT is completed, if there has been no applications, it not a problem. The Rule says that Job posting should be published for residents to apply, as the preference is for the residents, if none has applied, nothing that employer can actually do. RLMT will still be valid as long as it was conducted as per the guidelines.

2. Your husband can apply to be your dependent at the same time as you apply.
Since your husband will be applying as dependent and not as primary, cooling period doesn't apply.

Documents are the standard documents as per guidelines,

@manci, can you please confirm the answer for question 2 please.

[santosh_g31]

Hi Manci,

Can you please confirm the answer give by aja please.

Thanks,
Santosh

[santosh_g31]

Dear experts ,

Any reply please.

Thanks,
Santosh

[manci]

2. Your husband can apply to be your dependent at the same time as you apply.
Since your husband will be applying as dependent and not as primary, cooling period doesn't apply.

this is correct

[rahulmohite]

Dear Experts,

I have Tier-2 ICT short term visa and I am planning to bring my wife on Tier-2 ICT short term Dependent visa to UK.

My visa is valid till Aug-15. and my query is :

1. Will my wife be eligible to apply for Tier-2 General Visa from UK.
2. Does she need to get a job to show that she is working before applying for Tier-2 General Visa.

Please suggest if there is any better option for my wife to get Tier-2 General Visa.

Regards,
Rahul

[moonlight55]

Dear Experts,

I have Tier-2 ICT short term visa and I am planning to bring my wife on Tier-2 ICT short term Dependent visa to UK.

My visa is valid till Aug-15. and my query is :

1. Will my wife be eligible to apply for Tier-2 General Visa from UK.
No.
2. Does she need to get a job to show that she is working before applying for Tier-2 General Visa.
Not required.

Please suggest if there is any better option for my wife to get Tier-2 General Visa.
If she wants to get a Tier 2 General visa, she can come to UK as your dependent and then start looking to sponsors who are ready to sponsor her Tier 2 General. If she is able to find one, she will have to go back to her home country to apply for a new Tier 2 Gen visa.

Regards,
Rahul

[priyatechit]

I am in a similar situation. My visa type is Tier 2 ICT Short term staff partner. I have an employer who is offering sponsorship.
1) What are the requirements of the sponsorship that enables to apply Tier 2 General Visa ?
2) Is the sponsorship applicable to a particular visa type ?
3) Will RMLT test be successfull for a technical Software Engineer position?
Please help.

[moonlight55]

I am in a similar situation. My visa type is Tier 2 ICT Short term staff partner. I have an employer who is offering sponsorship.
1) What are the requirements of the sponsorship that enables to apply Tier 2 General Visa ?

a. The employer has to be genuine. Check sponsor is present in the current list of Tier 2 sponsors.
https://www.gov.uk/government/uploads/s ... _04_24.pdf
b. The employer should have conducted RLMT as defined. Check sponsor guidance for details. If the employer holds a valid licence, they should know the process.
c. You should be paid the appropriate salary as per SOC code.

2) Is the sponsorship applicable to a particular visa type ?

a. You need sponsorship if you want to get converted to Tier 2 visa.
b. You cannot apply from within UK. Once the RLMT process is complete and the home office assigns a restricted COS to your employer, you need to go back and apply from your home country.

3) Will RMLT test be successfull for a technical Software Engineer position?
If the job is genuine and your employer is not able to find a settled person for the role, they can hire you in that case.
Please help.