Switching from Tier 4 Dependent Visa to Tier 2 General

[thisismoyo]

Hello Gurus,

Please i need your help on my situation

I currently hold a Tier 4 Dependant visa which expires in May 2016. However I wish to switch on to a ‘Tier 2 General’ Visa now rather than wait till next year when the current visa expires. My current employer in the UK is Tier 2 (A rating) License holder. I have spoken with HR and they are willing to offer a Certificate of Sponsorship in order to put in my application for Tier 2.

Some of the areas of concern are as follows:

I joined the Organization in September 2014 on a Tier 4 Dependant visa
My Current Visa is still Valid even though i want to switch to Tier 2
The Job was advertised on the 29th August 2014 and closed on the 12th October 2014.

I would like to know how you do we go about the COS Application ensure successful application either on the part of the Company or Myself.

Do we need to re advertise the job? The job meets the salary requirement and its

This is urgent please

[manci]

You can switch to T2G in-country but will need a restricted CoS. A new RLMT is also required (RLMTs only have a 6 months validity) and you have to score points for English and maintenance. The job has to be NQF level 6 with appropriate salary.

[thisismoyo]

Manci

Thanks for your response. Please how do we go about the RLMT? My HR seems not to understand it and doesnt want to fail the test. Its a SharePoint and Applications Analyst role. Please advise.

[manci]

it is not your task to tell your prospective sponsor how to carry out a RLMT. It is described in detail in the guidance for sponsors:
https://www.gov.uk/government/uploads/s ... _04-15.pdf

The job should be described and a SOC code chosen by the sponsor by reference to the codes of practice:
https://www.gov.uk/government/uploads/s ... l_2015.pdf

[thisismoyo]

Hi Manci,

Thanks for your response. There is a new development to my issue and i need your advice on this.

There are actually 3 similar roles available
I am currently occupying one ('A and B' role) of the roles with my Tier 4 Dependent Visa
2 other roles ('B' role) have been advertised since August and it is still currently on going

Since i am the only one available, i have actually being responsible for the 2 roles since last year and my daily responsibilities cut across both roles.

As a matter of fact, A and B is the combination of A roles and B Roles

What my Manager have now suggested is that, instead of putting a new advertisement for the 'A and B' role, can they put in my application for the 'B' role since i am qualified for the role and the advertisement have been on for more than 28 days and still live?

Both Jobs is described in the same SOC code and have the appropriate salary.

Please your advise is urgently required.

Thanks for your help.

[thisismoyo]

Gurus,

Please help respond to my request.

Thanks

[manci]

the sponsor is responsible to the HO for the information provided in the CoS. They should be familiar with the sponsor guidance (link above) and should only assign a CoS for the job that has been advertised according the rules and there have been no suitable applicants from the settled workforce..

[ronin]

Hi 'thisismoyo' and Guru 'manci,

I am in exactly similar circumstance as thisismoyo been about a month ago. This post and answers from manci just gave the right direction except following confusions:

-- Should I be considered as 'New entrant' or 'Experienced entrant' for Tier 2 General (this will be my first Tier 2 application and I'm 28 years old)?
-- Usually how long it takes to get the Tier 2 License for employers provided all compliances been followed?
-- As per RLMT, do my employer need to advert the job even though I'm currently working for them?

Here is the summary of my situation:

- My PBS tier 4 Dependant Visa will expire on July 2016.
- I have been working with a company for a year, which doesn't have Tier 2 sponsoring license but willing to sponsor me. My manager wanted me to give him an outline of the procedures of applying Tier 2 Sponsorship.

This board helped me with my previous visa application and all the gurus have been doing tremendously good job.

thisismoyo, I will be entirely grateful to you if you could contact me on xxxxxxxxxxxxxx as you have most similar circumstance and you can give me most relevant advice, only if you feel like to help somebody with this complicated immigration issue.

Thank you.

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
- Board Moderator

[manci]

Hi 'thisismoyo' and Guru 'manci,

I am in exactly similar circumstance as thisismoyo been about a month ago. This post and answers from manci just gave the right direction except following confusions:

-- Should I be considered as 'New entrant' or 'Experienced entrant' for Tier 2 General (this will be my first Tier 2 application and I'm 28 years old)?
experienced worker
-- Usually how long it takes to get the Tier 2 License for employers provided all compliances been followed?
several months
-- As per RLMT, do my employer need to advert the job even though I'm currently working for them?
yes
Here is the summary of my situation:

- My PBS tier 4 Dependant Visa will expire on July 2016.
- I have been working with a company for a year, which doesn't have Tier 2 sponsoring license but willing to sponsor me. My manager wanted me to give him an outline of the procedures of applying Tier 2 Sponsorship.
it is all in the T2 sponsor guidance (link above)

This board helped me with my previous visa application and all the gurus have been doing tremendously good job.

thisismoyo, I will be entirely grateful to you if you could contact me on xxxxxxxxxxxxxxxxxxx as you have most similar circumstance and you can give me most relevant advice, only if you feel like to help somebody with this complicated immigration issue.

Thank you.

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
- Board Moderator

[ronin]

Dear Manci,

Thank you for your reply.

One matter of clarification, even if I apply for Tier 2 General visa for less than 3 years in length (one year or two years), will I be treated as Experienced worker? Please note that, I have UK Level 6 qualification but I converted my visa to Tier 4 Dependant last year.

Thank you.

[thisismoyo]

Hello @Manci and other gurus. Please i need your urgent response on this.
I have just discussed this with my employer and they would like to clarify the following issue.

The plan is for me to resign my role, give 1 month notice and reapply for the same role after they have advertised it for 1 month.

The question now Is it legal to apply for the same role after resigning?

[thisismoyo]

Hi All, Anyone to help clarify my previous query. Its very urgent.

Thanks

[thisismoyo]

Good afternoon Manci and the other top gurus in the house, Please i need your urgent clarification on this.

My employer have posted the advert on reed.co.uk only.

Will this satisfy RLMT?

Must they advertise on Jobcenter Plus too?

Please this is very urgent.

Thanks all

[geriatrix]

it is not your task to tell your prospective sponsor how to carry out a RLMT. It is described in detail in the guidance for sponsors:
https://www.gov.uk/government/uploads/s ... _04-15.pdf

Have you made an effort to read this document? The link was posted around four and a half months ago!

Do it, and you will not need to wait for someone to answer!

[thisismoyo]

it is not your task to tell your prospective sponsor how to carry out a RLMT. It is described in detail in the guidance for sponsors:
https://www.gov.uk/government/uploads/s ... _04-15.pdf

Have you made an effort to read this document? The link was posted around four and a half months ago!

Do it, and you will not need to wait for someone to answer!

Yes i have read the document but i just need more clarification.

Please can you clarify if its still needed to be advertized on Jobcenter plus? Its Urgent.

Thanks