TWES Extension to PBS based B&C Work permit - Help Pleas

[Lotus]

Dear All,

I have a few queries to which I would appreciate if someone can spare time to reply.

1) I am currently on a TWES extension which is to expire in Jan 2009. My employer has decided to apply for a B&C for me based on the new PBS. What I am not sure is about the issues regarding "switching" from TWES to PBS based B&C. The UKBA website also does not give good info on rules for switching categories. My employer has advised me that it will be a new application and not an "extension" application, however. Can this be done from within the UK or do I need to leave the UK?

2) The "points required" statement as it says on the UKBA website for a B&C is as follows:

You will need to score a pass mark of 70 points from the three sets of criteria. These are:

attributes;
English language skills; and
maintenance.

Now, Is this 70 in total or 70 for each category ? (wierd wording)

3) I am a Civil & Structural Engineer and if I can recall from my memory this category has been removed from the skills shortage list. Will this affect my PBS based B&C application?

4) If say the B&C was approved then how would I get the extensions for myself and my dependents? Will it be the old way of sending FLR(IED) extension application separately or would I need to send extensions application with the
main application?

Replies much appreciated,

Lotus

[Lotus]

Anyone please

regards

Lotus

[Frontier Mole]

Sorry but this not the news you want to know:
Part of the B&C requirements:-

there are no suitably qualified or experienced resident workers available.

For your employer to demonstrate this they should have a fair chunk of evidence. Recruitment adverts in the appropriate professional journals and local if not national newspapers, evidence of replies to the adverts, some sort of audit as to how selection was conducted, reasons for rejecting resident applicants etc. etc. Given the shortening in the job market and the fact that you believe your role is no longer considered a skill shortage you might find that the application is going to get a rough ride.

It is just not good enough to say you are suitable for the job and they want to keep you on. TWES is specifically aimed at giving you the professional training you need and then for you to RETURN HOME. This is why there is no link from switching from TWES to B&C - it is not expected to happen.

PBS - 70 points in total from the three groups.

As for dependents etc - I think you would have to get the B&C through first before you should consider that angle. I do not think you would use a FLR as it is a new application not an extension to the existing one?? Not sure on this point - someone out there with more experience on this area can give a better answer I am sure????

[PaperPusher]

Hello Lotus

Has the employer applied for their licence yet?

If not, that has to be their first course of action. It may not be approved of course, even though they have been approved under the old scheme.

The immigration rules for Tier two of the PBS have not been announced yet.

When the TWES was approved it would have clearly stated that if you did work experience for 12 months or less, you cannot return to the UK with a work permit for a year, and for more than 12 months this is two years. I would not be surprised if the new rules hold you to this agreement, but it may not be in the new rules.

There is currently no easy way round this, unless you have spent 80% of the required time out of the UK or the post is a shortage occupation and you have to be out of the UK in any case. Please see the guidance for TWES and the casework instructions.

TWES guidance

casework instructions

You are supposed to be here for work experience/training to help further your career when you return home, not filling a post for your employer. There are less stringent requirements for salaries, because you are not supposed to be doing a proper job. No ads are needed for TWES either, because it is not supposed to be a substantive/proper post. If you are filling a post, and the employer would need to replace you when you leave, then it appears that they may have been less than open to get you working for them, perhaps knowing about the lower salaries that are accepted for TWES.

There will not always need to be evidence of a recruitment campaign in the PBS.

The exact date for tier 2 of the PBS has not been announced, but it looks to be sometime in November.

I think you need to speak to your employer to find out what they are doing.

At the moment you cannot switch in the UK from TWES to business and commercial.

You are right, your profession is no longer on the shortage occupation list. It is the MAC who are deciding on shortage occupations for PBS and they have not announced any yet for the PBS, they should do soon.

Regards

[PaperPusher]

Just read through your previous posts. Have you seriously been on TWES since 2002? The only thing that usually takes that long to train for is ACCA, but then you put that you are an engineer.

You have also posted that you have been in the UK for 9 years, and this was a while ago, why don't you apply due to 10 years' long residency?

[Lotus]

Thanks Frontier Mole;

I have basically understood the procedure now. The basic point is that it would be difficult for me to switch "incountry" from TWES to PBS based B&C due to resident labour test issues and other imposed conditions. I shall have a discussion with the my employer's HR Department regarding this.



Thanks Paperpusher;

The Employer has applied for the Sponsorship Certificate. The employer is an international and reputable firm with over 600 employees. I can not see any reason why they would not get a Sponsorship Certificate to employ Non-EU skilled workers..

The initial TWES permit was issued for 4 years and therafter renewed for further 2 years (a total of 6 years). I have been in the UK for 9 years BUT there are "visa breaks" which disqualify me from applying "under 10 year rule"



I will keep you posted on the progress and thanks for your replies, one again!!

Lotus