Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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Sampath1986
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by Sampath1986 » Fri Oct 07, 2016 9:13 am
Can someone please help me?
I was working in UK since Mar 2011 till OCt 2015 for a company. I had to return to India for some personal reasons, once i sorted it out, i contacted the same employer and they agreed for me to join them back in UK in Mar 2016 and offered me the job. I applied for the Tier 2 Gen VISA in March 2015.
Tier 2 Gen refusal:
My employer offered me different job title on a different SOC code and slightly different responsibilities than the one i did earlier and slightly lesser salary as this has lesser responsibility. UKBA states that "they tried to contact my employer through the phone number i provided and they couldn't reach them. So they cannot confirm the job and how i qualify for the job and hence refused my VISA." UKBA did not contact them by anyother means and we dont know how many times they tried to reach them through phone. My employer says they did not receive a phone call at all as per their records.
I will be reapplying for the VISA in Nov 2016 with a new COS. The job will be for the same client My questions are
1) Is a change in SOC code and title would be problem (though my employer will explain how i qualify for the job)? Change in the code is from 2122 Mechanical engineers to 2126 Design and Development Engineers.
2) A lesser salary than the previous work will be a problem? Earlier it was £36600 and now it will be £35000.
Please advise.
Thanks in advance
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Sampath1986
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by Sampath1986 » Sat Nov 05, 2016 1:17 pm
Hello,
I will be applying for a Tier 2 General Shortly from India. I have received the COS from my employer which is 3 years. My employer will be deploying me at a clients place after the approval of my VISA.
The question is :
The contract that my employer has with the client(client contract) is only for a year and it will be renewed every year. Now, will this be a problem that my COS duration is actually longer than the client contract?
Please note: I was already working in UK for 4.5 years under similar situation (one year rolling contract) and never had any problem with my VISAs.
Will the immigration officer likely to ask the client contract from my employer after i apply? Because i am been told by a local solicitor that the duration of COS should be exactly same as the client contract's duration.
Thanks in advance.
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noajthan
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by noajthan » Sat Nov 05, 2016 2:08 pm
Posts merged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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CR001
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by CR001 » Sat Nov 05, 2016 2:21 pm
You need to submit the contract you have with your sponsor. The client contract is not really relevant as you are only allowed to work for your sponsor on their payroll.
Contracting in any form is not permitted on Tier 2 General.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Sampath1986
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by Sampath1986 » Sat Nov 05, 2016 3:02 pm
Thanks for your reply CR001.
I wont be contracting. I will be working for my employer under their payroll. My employer is an engineering service company and have projects undertaken with clients. The project will be like to complete a piece of work for the client or duration. I will be deployed at the clients place until i finish the job or for a duration. All my responsibilities and duties are defined by my employer and not my client.
My question was, do i need to submit the contract that my employer has with the client ? Is that relevant for my application?
Please advise.
Thanks
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Sampath1986
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by Sampath1986 » Sat Nov 05, 2016 3:27 pm
Hello all,
First of all apologies, i am reposting this as my previous post got merged and it was confusing.
Hello,
I will be applying for a Tier 2 General Shortly from India. I have received the COS from my employer which is 3 years. My employer will be deploying me at a clients place after the approval of my VISA.
The question is :
The contract that my employer has with the client(client contract) is only for a year and it will be renewed every year. Now, will this be a problem that my COS duration is actually longer than the client contract?
Please note: I was already working in UK for 4.5 years under similar situation (one year rolling contract) and never had any problem with my VISAs.
Will the immigration officer likely to ask the client contract from my employer after i apply? Because i am been told by a local solicitor that the duration of COS should be exactly same as the client contract's duration.
I will be working for my employer under their payroll. My employer is an engineering service company and have projects undertaken with clients. The project will be like to complete a piece of work for the client or duration. I will be deployed at the clients place until i finish the job or for a duration. All my responsibilities and duties are defined by my employer and not my client.
My question was, do i need to submit the contract that my employer has with the client ? Is that relevant for my application?
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CR001
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by CR001 » Sat Nov 05, 2016 3:33 pm
Nothing confusing. The forum has rules and there is no need to start a new topic with each question or variation of a question you have on the same application.
See
Multiple Posts (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Sampath1986
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by Sampath1986 » Sat Nov 05, 2016 5:30 pm
CR001, thanks for your reply.
Can someone please help me here?
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CR001
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by CR001 » Sat Nov 05, 2016 5:50 pm
No, only your contract or offer letter.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Djsuccess
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by Djsuccess » Sun Nov 06, 2016 5:48 am
Sampath1986 wrote:Hello all,
First of all apologies, i am reposting this as my previous post got merged and it was confusing.
Hello,
I will be applying for a Tier 2 General Shortly from India. I have received the COS from my employer which is 3 years. My employer will be deploying me at a clients place after the approval of my VISA.
The question is :
The contract that my employer has with the client(client contract) is only for a year and it will be renewed every year. Now, will this be a problem that my COS duration is actually longer than the client contract?
Please note: I was already working in UK for 4.5 years under similar situation (one year rolling contract) and never had any problem with my VISAs.
Will the immigration officer likely to ask the client contract from my employer after i apply? Because i am been told by a local solicitor that the duration of COS should be exactly same as the client contract's duration.
I will be working for my employer under their payroll. My employer is an engineering service company and have projects undertaken with clients. The project will be like to complete a piece of work for the client or duration. I will be deployed at the clients place until i finish the job or for a duration. All my responsibilities and duties are defined by my employer and not my client.
My question was, do i need to submit the contract that my employer has with the client ? Is that relevant for my application?
Your employer is your sponsor so your contract or offer letter with your employer is what you need. Whatever you do with your employer's client is a task assigned to you by your employer. So don't get it mixed up. UKVI only recognises your sponsor and your start and end date with them is what will be used for your application.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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Sampath1986
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by Sampath1986 » Sun Nov 06, 2016 1:25 pm
Djsuccess, thanks much for your reply.
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Sampath1986
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by Sampath1986 » Tue Nov 08, 2016 8:06 am
Hello Experts,
I will be applying for a Tier 2 G VISA shortly from India.
Last when i applied for a Tier 2 G, i chose priority service. They refused and returned the application within 7 working days stating that they couldnt contact my employer through phone and hence refused the application. I feel the Immigration Officer hasnt contacted my employer enough and as it was a priority service, i feel they had the time constraint as they had to return my application within few days? Am i right in assuming so?
Can someone please help me here?
Because i can see in the forum, sometimes a Tier 2 G application even takes month(through normal service) to return to the applicant.
Many thanks in advance
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Casa
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by Casa » Tue Nov 08, 2016 9:27 am
You will see within the guidance for a priority application that there is no guarantee that it will be processed within a certain number of days.
Only that it will be processed ahead of standard (non-priority) applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Sampath1986
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by Sampath1986 » Tue Nov 08, 2016 10:03 am
Thanks Casa. I am not concerned about the number of days that a priority service takes. I might have sounded like that, sorry.
i am trying to find out, since they have to complete a priority VISA earlier than a normal VISA, dont they give enough time(on a priority VISA) to look into the case completely if in case it is a complicated one?
Because in my case, i feel they didnt give enough time(on a priority VISA) for my employer to respond (my application got refused in 7 days). If it was through a normal service they might have given atleast few days for the employer to respond?
Thanks