Switch from Tier 1 General to Tier 2 General

[caheda]

Friends please please, I need you help to understand the process of switching from Tier 1 Gn to Tier 2 Gn.

I am one of those unfortunate folks (and we are really just a few I am sure) who have missed the April 6 2015 deadline to apply for the Tier 1 extension (my visa was valid until Nov 2015 so I never bothered to check the rules in such advance).

Fortunately my company has agreed to apply for Tier 2 General visa. My only concern is that I am not 100 percent confident of the visa application process.

So in usual cases, amongst other formalities, employer will need to do a labour test (job advertisement for 28 days etc.) which is not making sense in my case - as I am already working with the same company, they have advertised the same role which I am already working on, and then they have also asked me to apply for it !

So this sounds a bit weird to me. As a UKBA person, I would struggle and query this process followed by that employer - that you already have got someone working for you, still you create this vacancy, that persons applies for this role which he is already working on and then you hire him on tier 2 !! so what exactly is happening here ?!!

Please advise me if someone has gone through such case (I believe switching from Tier 1 G to Tier 2 is a unique case because you are switching from a higher category to a lower category which was never expected and hence you wont see any specific rules on this anywhere).

Please friends, help me.

Many thanks,
Sandeep Heda

[abdelrahman.awwad]

Hi Sandeep ,

I am on the same situation but I did Apply on March 2015 , but because the payment was rejected , they rejected the applications on 20th of April without giving me an option to re-apply in the rejection letter.

My Tier1 Visa will expire on Mar 2016 and I have recently bought a mortgaged house and I have 2 sons at school, honestly I don't know what to do , I was thinking about the same option to switch to Tier2 , but how can I build this case with my employer and ask him to advertise an already filled position ?

Can we please have the experts advise ? Thanks

Abdel Rahman

[Swapna.Kumari]

@Sandeep, does you company already have a valid Certificate of sponsorship (Cos)? If not looks like they may need to follow the steps you mentioned regardless whether you are working there or not to demonstrate that there is scarcity of skill and they require CoS to fill the gap.

Please bear in mind I am not an expert, but researching on CoS. See below links, they may be helpful.

https://www.admin.ox.ac.uk/personnel/pe ... uirements/

https://www.admin.ox.ac.uk/personnel/pe ... onprocess/

[Swapna.Kumari]

Ah, my bad you are talking about Labour Test and not CoS. See below this could be helpful...

The Resident Labour Market Test

If you are a UK employer, you may want to recruit a skilled worker from outside the European Economic Area. If you choose to sponsor them for a Tier 2 (General) visa application, you must normally complete a Resident Labour Market Test unless the job to be filled is on the UK's Shortage Occupation List.
The Resident Labour Market Test requires employers to advertise a position in the UK in certain prescribed ways to provide evidence to the UK Border Agency that there is no suitable worker already within the UK workforce who could do the job. You do not have to complete a Resident Labour Market Test if:

the job is on the Shortage Occupation List
the job is an Intra Company Transfer or
if the migrant is already in the UK in one of the following immigration categories namely:
Tier 1 (Post Study Work) visa – this category was closed to new applicants in April 2012
the International Graduates Scheme
the Fresh Talent Working in Scotland Scheme
the Science and Engineering Graduates Scheme.
You are also exempted if

The salary for the job will be £152,000 or above
The worker is a doctor or dentist doing speciality training and their salary is being paid by an overseas government as part of an international agreement
The migrant is currently a UK student (Tier 4) and has passed his/her final exams and
Has been (or will be) awarded a recognised UK bachelor's or postgraduate degree
Has been (or will be) awarded a UK postgraduate qualification in education or
Has completed at least 12 months study for a PhD in the UK

[iubus2005]

Still confused -- does the employer need to do a Resident Labor market Test if you are already employed in the role on a Tier 1 (G) visa?

[naveediiqbal]

Still confused -- does the employer need to do a Resident Labor market Test if you are already employed in the role on a Tier 1 (G) visa?

If you are a UK employer, you may want to recruit a skilled worker from outside the European Economic Area. If you choose to sponsor them for a Tier 2 (General) visa application, you must normally complete a Resident Labour Market Test unless the job to be filled is on the UK's Shortage Occupation List.

[iubus2005]

Thanks naveediiqbal.
So, is it that they need to first terminate the existing employee, create a new position (that is filled with an existing tier 1 employee), and do a resident market test? Only if that resident market test is not successful, can they sponsor the tier 2?

Cheers.

[naveediiqbal]

Thanks naveediiqbal.
So, is it that they need to first terminate the existing employee, create a new position (that is filled with an existing tier 1 employee), and do a resident market test? Only if that resident market test is not successful, can they sponsor the tier 2?

Cheers.

They can always advertise a new position and then if not filled by any qualified person may ask you for an internal transfer. That might work but not 100% sure. ask legal experts.

[caheda]

@Abdel Rehman - sad, really sad Abdel. If you have been working for long enough, your company should not mind sponsoring your visa. Good luck!

[caheda]

@Sandeep, does you company already have a valid Certificate of sponsorship (Cos)? If not looks like they may need to follow the steps you mentioned regardless whether you are working there or not to demonstrate that there is scarcity of skill and they require CoS to fill the gap.

Please bear in mind I am not an expert, but researching on CoS. See below links, they may be helpful.

https://www.admin.ox.ac.uk/personnel/pe ... uirements/

https://www.admin.ox.ac.uk/personnel/pe ... onprocess/

Thanks Swapna, this was helpful. My company has got the license etc., its just that logically it was not making sense to me (i.e. filling a vacancy by someone who is already working on that post but anyway, this seems to be the correct process i.e. irrespective you working with the company or not, it will be treated as a fresh recruitment.
Would you know what should be the start date in my case? Rules say it can not be more than 3 months from the date of application but in my case, I have been working for that company for almost 4 years. If we show a date in 2011, again will it make sense? if dont show a date or the fact that candidate already working with the company, then will be misrepresentation of the facts?

[caheda]

Thanks naveediiqbal.
So, is it that they need to first terminate the existing employee, create a new position (that is filled with an existing tier 1 employee), and do a resident market test? Only if that resident market test is not successful, can they sponsor the tier 2?

Cheers.

They can always advertise a new position and then if not filled by any qualified person may ask you for an internal transfer. That might work but not 100% sure. ask legal experts.

Hi , would you know what should be the start date in my case? Rules say it can not be more than 3 months from the date of application but in my case, I have been working for that company for almost 4 years. If we show a date in 2011, again will it make sense? if dont show a date or the fact that candidate already working with the company, then will be misrepresentation of the facts?

[abdelrahman.awwad]

Afternoon guys and caheda

Was there any news , did your company provide any support ?

Have you viewed the below guidance...

https://www.gov.uk/government/uploads/s ... _v_1_1.pdf

it's the the employer guidance rather but it's very informative and there are categories about switching from one route to Tier2 ( Section 39.49 )

some paragraphs contradicts with what are we trying to achieve here, ( 24.6A settled worker can’t be made redundant to create a vacancy to be filled by a Tier 2 migrant.) but are we settled workers as Tier1 migrants ?

I only talked to my manager at the moment and he needs to understand more before contacting the HR or recruitment department.
What should be the next step ?

He asked me the same questions ... Should I resign ? and ask the company to re-advertise the role and I apply again + market test + cos etc.
It's a big company and they strictly follow straight forward rules , what I am asking in my opinion cannot be found on any of it's recruitment processes , so I will be a new case ti them ?! .

any thoughts ?

Thanks
Abdel rahman

[geriatrix]

but are we settled workers as Tier1 migrants ?

No. "Settled" = ILR / PR.

[kannappan]

Hi, Any update on this?. I am on the same boat. I just came to know that the extension is over in April. My visa expires in october. Is there something that could be done?

[naveediiqbal]

Hi, Any update on this?. I am on the same boat. I just came to know that the extension is over in April. My visa expires in october. Is there something that could be done?

So sad to know that. My advice is to look for Tier 2 visa.

[iubus2005]

Seems like if the salary is greater than £155,300 per year, the resident market test can be avoided. Also, if you are already in UK, the annual cap is not applicable and it can be an unrestricted CoS. Not sure if this will help anyone in this tough situation, but hope it does.

[niv.niv.n]

Sorry to hear about your situation. Not sure if I could be of any help.

I have undergone this process a couple of years back where I had switched from tier 1 to tier 2 with the same employer.

- the employer should have tier 2 license to sponser
- the employer needs to open a new position & complete the 28 day market labour test unless the position is in stortage occupation list
- Allot an unrestricted COS for you with any start date post market labour test.
- submit visa application

[sheraz43]

Hi Everybody;

I am switching from Tier 1 general to Tier 2 General; I have been working for an Aerospace company for 3 years.

My Job responsibilities falls under SOC code 2123 Electrical engineers; the following jobs in the aerospace
industry: - electrical machine design engineer.

My Questions are

1- My Job Title is Electrical Certification engineer; does it make any difference if my Job Tile does not state electrical machine design engineer even though that is what I do.

Regards

[sheraz43]

Hi Everybody;

I am switching from Tier 1 general to Tier 2 General; I have been working for an Aerospace company for 3 years.

My Job responsibilities falls under SOC code 2123 Electrical engineers; the following jobs in the aerospace
industry: - electrical machine design engineer.

My Questions are

1- My Job Title is Electrical Certification engineer; does it make any difference if my Job Tile does not state electrical machine design engineer even though that is what I do. How close the title of the Job needs to be to the JOB listed on the SOC or does it need to be exactly whats stated.
2- My job is listed on the SOC does my company need to perform the resident labour market test.

Regards

Regards

[sheraz43]

Hi Everybody;
can anybody please help with queries below

I am switching from Tier 1 general to Tier 2 General; I have been working for an Aerospace company for 3 years.

My Job responsibilities falls under SOC code 2123 Electrical engineers; the following jobs in the aerospace
industry: - electrical machine design engineer.

My Questions are

1- My Job Title is Electrical Certification engineer; does it make any difference if my Job Tile does not state electrical machine design engineer even though that is what I do. How close the title of the Job needs to be to the JOB listed on the SOC or does it need to be exactly whats stated.
2- My job is listed on the SOC does my company need to perform the resident labour market test.

Regards