Tier -2 query

[Harry438]

Hi guys,

I have a query for my tier 2 general visa, basically I am on a tier 2 visa and got redundant in November 2014, recently I've receive the curtailment letter from HO stating that I have 60 days to change to new employer or leave the country, I have managed to find the new sponsor which is going through RLMT and will be finished by next week and then they will be in a position to issue me CoS. I have few concerns before applying for new tier 2 :

1. My last tier 2 visa was under soc code 2132 (hardware engineer) and now am applying under 2139 - analyst (computing) I have met all the conditions as I was told I need to apply as an experienced professional and hence that was the job title that was nearest. The query I had is will there be an issue where HO will think that I applied under hardware engineer before and now am applying under analyst (computing) and question me regarding that which in turn will effect my application.

2. Since I've now got my curtailment letter and after applying for new application after almost 4 months, will that create any problem in getting visa.

3. Will the maintenance requirement need to be met, my new employer said that they will mention on CoS that my finances are met by ticking the appropriate box while generating CoS. Do I still need to put my bank statement for maintenance or the one from employer is sufficient.

TIA

[ravisb_2014]

1. As long as SOC 2139 comes under NQF 6, you will be fine. They can use any Job title, but your job description (role)
should justify the RLMT that was advertised.

2. No issue as long as you did not complete 60 days + 28 days overstay while applying. When is your 60 days getting completed as per curtailment letter?
Only difference is : If you are applying within 60 days, you will get right to appeal if in case it is refused. But after 60 days and within 28 days, you will not.

3. Maintenance requirement is not required when you are already Tier 2(G) and applying from UK. But it's always good if company ticks the appropriate box.
Hope that helps.

[Harry438]

1. As long as SOC 2139 comes under NQF 6, you will be fine. They can use any Job title, but your job description (role)
should justify the RLMT that was advertised.

2. No issue as long as you did not complete 60 days + 28 days overstay while applying. When is your 60 days getting completed as per curtailment letter?
Only difference is : If you are applying within 60 days, you will get right to appeal if in case it is refused. But after 60 days and within 28 days, you will not.

3. Maintenance requirement is not required when you are already Tier 2(G) and applying from UK. But it's always good if company ticks the appropriate box.
Hope that helps.

@ ravisb_2014 : thanks for the promt reply

Yes the 2139 code comes under NQF 6 or above I think. Well the employer has advertised the job using the code of practice from HO website and hence they have give the job title accordingly.

My 60 days is finishing by end of April and I plan to apply for visa in a week or so.

Do you think it will fine as I plan to go for day service rather than posting the application. So just wanted to prepare from my side and cover any loop holes.

Thanks again !

[Harry438]

1. As long as SOC 2139 comes under NQF 6, you will be fine. They can use any Job title, but your job description (role)
should justify the RLMT that was advertised.

2. No issue as long as you did not complete 60 days + 28 days overstay while applying. When is your 60 days getting completed as per curtailment letter?
Only difference is : If you are applying within 60 days, you will get right to appeal if in case it is refused. But after 60 days and within 28 days, you will not.

3. Maintenance requirement is not required when you are already Tier 2(G) and applying from UK. But it's always good if company ticks the appropriate box.
Hope that helps.

@ ravisb_2014 : thanks for the promt reply

Yes the 2139 code comes under NQF 6 or above I think. Well the employer has advertised the job using the code of practice from HO website and hence they have give the job title accordingly.

My 60 days is finishing by end of April and I plan to apply for visa in a week or so.

Do you think it will fine as I plan to go for day service rather than posting the application. So just wanted to prepare from my side and cover any loop holes.

Thanks again !

Hi All,

could anyone please be able to guide me with above query !

Thanks

[kmsys]

Hello Harry438,

Do not worry. you will get your visa 100%.

1.My SoC code was also different from my previous job but it doesnot matter.
2.Even I have applied 4months later after I was redundant.
3.Actually your employer will give you a letter confirming the CoS and maintenece or He will take the printout of the UKImmigration CoS confirmation form in that maintenece will be anyway ticked.Donot worry about this much, as you are already on your Tier-2 in past so you can claim points for maintenece.

You can choose one day visa (Premium Service Visa)or you could do it by post.
The main documents you need are
1.Releiving Leter from Previous Company
2.Last 6months payslips of your previous employment
3.CoS Confirmation Letter from new employer
4.Offer letter from new employer

[ravisb_2014]

You can go for premium service. I would suggest if you are not confident, then apply through post.
In this case, you will save £400 also. But decision is up to you. Now a days, you get approval
within 3 weeks if your case is not having any issue.
You only need to submit
1. All your passports and BRP if applicable.
2. Maintenance - Not required submit any supporting document as you are already in Tier 2(G). You have an option to tick in the application.
3. English test - same as 2.
4. Your complete application form.
5. Payment details.
No need to submit other documents. But if you want, you can. Hope that helps.
Apply asap. don't wait till april. There may be some rule changes after 6th April. They might increase the fees, you don't know.

[Harry438]

Hello Harry438,

Do not worry. you will get your visa 100%.

1.My SoC code was also different from my previous job but it doesnot matter.
2.Even I have applied 4months later after I was redundant.
3.Actually your employer will give you a letter confirming the CoS and maintenece or He will take the printout of the UKImmigration CoS confirmation form in that maintenece will be anyway ticked.Donot worry about this much, as you are already on your Tier-2 in past so you can claim points for maintenece.

You can choose one day visa (Premium Service Visa)or you could do it by post.
The main documents you need are
1.Releiving Leter from Previous Company
2.Last 6months payslips of your previous employment
3.CoS Confirmation Letter from new employer
4.Offer letter from new employer

Thanks kmsys.

Your comment did made me a bit relief. Just to add, the reason I had to put 2139 code is because 2132 code is now changed to 3 different code for IT professionals since October 2013. Do you think it will be ok in that case.

[Harry438]

You can go for premium service. I would suggest if you are not confident, then apply through post.
In this case, you will save £400 also. But decision is up to you. Now a days, you get approval
within 3 weeks if your case is not having any issue.
You only need to submit
1. All your passports and BRP if applicable.
2. Maintenance - Not required submit any supporting document as you are already in Tier 2(G). You have an option to tick in the application.
3. English test - same as 2.
4. Your complete application form.
5. Payment details.
No need to submit other documents. But if you want, you can. Hope that helps.
Apply asap. don't wait till april. There may be some rule changes after 6th April. They might increase the fees, you don't know.

Thanks ravisb_2014.

I am thinking of going for premium service, by the way does case worker ask any questions when going for premium service ?

I will be applying before April so I think I'll be exempt from application rise if it happens.

[Harry438]

Hi guys,

I have a query for my tier 2 general visa, basically I am on a tier 2 visa and got redundant in November 2014, recently I've receive the curtailment letter from HO stating that I have 60 days to change to new employer or leave the country, I have managed to find the new sponsor which is going through RLMT and will be finished by next week and then they will be in a position to issue me CoS. I have few concerns before applying for new tier 2 :

1. My last tier 2 visa was under soc code 2132 (hardware engineer) and now am applying under 2139 - analyst (computing) I have met all the conditions as I was told I need to apply as an experienced professional and hence that was the job title that was nearest. The query I had is will there be an issue where HO will think that I applied under hardware engineer before and now am applying under analyst (computing) and question me regarding that which in turn will effect my application.

2. Since I've now got my curtailment letter and after applying for new application after almost 4 months, will that create any problem in getting visa.

3. Will the maintenance requirement need to be met, my new employer said that they will mention on CoS that my finances are met by ticking the appropriate box while generating CoS. Do I still need to put my bank statement for maintenance or the one from employer is sufficient.

TIA

Hi everyone,

I now have had CoS assigned by my new employer, i just have one query, in CoS my employer has mentioned total working hours/week as 39. The salary and other stuff is absolutely fine according to HO requirements, its just when i saw they put 39 i got confused and was wondering if that is going to be issue when i go for a visa as its not put as 40 hours. Basically my working hours are 37.5/week and other 1.5 hrs is meetings and other contractual week work.

please let me know as i plan to go for premium service sometime next week.

TIA

[Harry438]

Hi guys,

I have a query for my tier 2 general visa, basically I am on a tier 2 visa and got redundant in November 2014, recently I've receive the curtailment letter from HO stating that I have 60 days to change to new employer or leave the country, I have managed to find the new sponsor which is going through RLMT and will be finished by next week and then they will be in a position to issue me CoS. I have few concerns before applying for new tier 2 :

1. My last tier 2 visa was under soc code 2132 (hardware engineer) and now am applying under 2139 - analyst (computing) I have met all the conditions as I was told I need to apply as an experienced professional and hence that was the job title that was nearest. The query I had is will there be an issue where HO will think that I applied under hardware engineer before and now am applying under analyst (computing) and question me regarding that which in turn will effect my application.

2. Since I've now got my curtailment letter and after applying for new application after almost 4 months, will that create any problem in getting visa.

3. Will the maintenance requirement need to be met, my new employer said that they will mention on CoS that my finances are met by ticking the appropriate box while generating CoS. Do I still need to put my bank statement for maintenance or the one from employer is sufficient.

TIA

Hi everyone,

I now have had CoS assigned by my new employer, i just have one query, in CoS my employer has mentioned total working hours/week as 39. The salary and other stuff is absolutely fine according to HO requirements, its just when i saw they put 39 i got confused and was wondering if that is going to be issue when i go for a visa as its not put as 40 hours. Basically my working hours are 37.5/week and other 1.5 hrs is meetings and other contractual week work.

please let me know as i plan to go for premium service sometime next week.

TIA

Hi,

Could anyone please be able to help me with above query .

Thanks.

[ravisb_2014]

if your salary is matching with the one from guideline for Soc code 2139.
E.g. if salary is 27,000 for 37.5 and as your employer has put 40 hours, then salary should be (27,000/37.5) * 40 = 28800. So, you should get 28800 for 40 hours. Check the minimum salary for Soc code that was assigned by your employer and use this formula to calculate your salary.

[manci]

[I now have had CoS assigned by my new employer, i just have one query, in CoS my employer has mentioned total working hours/week as 39. The salary and other stuff is absolutely fine according to HO requirements, its just when i saw they put 39 i got confused and was wondering if that is going to be issue when i go for a visa as its not put as 40 hours. Basically my working hours are 37.5/week and other 1.5 hrs is meetings and other contractual week work.

please let me know as i plan to go for premium service sometime next week.

the No of weekly hours worked can be less or more than 39. The 39 hours is merely a 9reference point to which the minimum salary for most jobs is related. If the actual hours worked is not 39 than the minimum salary has to be pro-rated.

[Harry438]

[I now have had CoS assigned by my new employer, i just have one query, in CoS my employer has mentioned total working hours/week as 39. The salary and other stuff is absolutely fine according to HO requirements, its just when i saw they put 39 i got confused and was wondering if that is going to be issue when i go for a visa as its not put as 40 hours. Basically my working hours are 37.5/week and other 1.5 hrs is meetings and other contractual week work.

please let me know as i plan to go for premium service sometime next week.

the No of weekly hours worked can be less or more than 39. The 39 hours is merely a 9reference point to which the minimum salary for most jobs is related. If the actual hours worked is not 39 than the minimum salary has to be pro-rated.

Hi Manci & ravisb_2014: the salary mentioned in Cos Is 31200 which meets the HO criteria for minimum salary and my actual working hours mentioned in CoS are 39 and i will be working that many hours weekly.

Also, is minimum salary calculated on the basis of 40 hour week or is there any other way, so if its that i am working one less hour/week and getting paid equally as 40 hours. Is this the way to look or am still confused ?

Thanks & regards.