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Having share options same as owning share - Tier 2 visa extension application

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ktyagi
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Joined: Sat Nov 15, 2014 1:29 pm
India

Having share options same as owning share - Tier 2 visa extension application

Post by ktyagi » Mon Jun 18, 2018 11:48 am

Dear forum members,

I am in the process of filling the application form for extending my Tier 2 (general) Visa. My occupation code is 2112 and the job is PhD level. In the application form, in the sponsor section, there is a question: Is your sponsor a limited company? When I chose yes, there are four options:
-Yes, but I do not own any of their shares
-Yes, but I own 10% or less of their shares
-Yes, and I own more than 10% of their shares, and I will earn less than £159,600 per year
-Yes, and I own more than 10% of their shares, and I will earn at least £159,600 per year

Now, I am sure that the last two are not applicable for me. But I am not sure which one to pick from the first two. I do have share options in the company but not sure if that is same as owning the shares. I have not exercised any yet, so I dont think I own any shares.

Any suggestions would be very welcome.
Thank you,
Cheers

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marcnath
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Location: Milton Keynes
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Re: Having share options same as owning share - Tier 2 visa extension application

Post by marcnath » Mon Jun 18, 2018 12:01 pm

ktyagi wrote:
Mon Jun 18, 2018 11:48 am
Dear forum members,

I am in the process of filling the application form for extending my Tier 2 (general) Visa. My occupation code is 2112 and the job is PhD level. In the application form, in the sponsor section, there is a question: Is your sponsor a limited company? When I chose yes, there are four options:
-Yes, but I do not own any of their shares
-Yes, but I own 10% or less of their shares
-Yes, and I own more than 10% of their shares, and I will earn less than £159,600 per year
-Yes, and I own more than 10% of their shares, and I will earn at least £159,600 per year

Now, I am sure that the last two are not applicable for me. But I am not sure which one to pick from the first two. I do have share options in the company but not sure if that is same as owning the shares. I have not exercised any yet, so I dont think I own any shares.

Any suggestions would be very welcome.
Thank you,
Cheers
Correct, share options are not shares
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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ktyagi
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Posts: 105
Joined: Sat Nov 15, 2014 1:29 pm
India

Re: Having share options same as owning share - Tier 2 visa extension application

Post by ktyagi » Mon Jun 18, 2018 12:10 pm

Thank you, this is what I told my HR but they think I should select the second option : Yes, but I own 10% or less of their shares.

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: Having share options same as owning share - Tier 2 visa extension application

Post by marcnath » Mon Jun 18, 2018 12:21 pm

ktyagi wrote:
Mon Jun 18, 2018 12:10 pm
Thank you, this is what I told my HR but they think I should select the second option : Yes, but I own 10% or less of their shares.
Not logical since you may never exercise the options but if they will not accept, not much you can do.

You will have to try and explain separately but it is not critical either.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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ktyagi
Member
Posts: 105
Joined: Sat Nov 15, 2014 1:29 pm
India

Re: Having share options same as owning share - Tier 2 visa extension application

Post by ktyagi » Mon Jun 18, 2018 12:41 pm

Yes, thank you, I will try and explain that.

A different but related question is that the job title on which I was hired was Sr Scientist II, since then the company has decided to drop the number and now I am only Sr Scientist. Last time CoS said Sr Scientist II and this time it says Sr Scientist only. this change should not cause them to do a new resident labour market test? Job SOC code is still 2112.

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