Tier2-urgent application

[pkalyan10]

Hi,I have been working on HSMP for a particular employer for the past 2 years.My HSMP extension visa got refused.My company willing to give me work permit under Tier-2 general.To make the urgent application the requirements mentioned in UKBA site are here below.
The requirements you must meet
To qualify for a quick decision you must meet the following requirements:

"you are extending your stay in the United Kingdom doing the same job and working for the same sponsor"
My question is will i be elgible under the above point.?(As am on different visa i.e., on HSMP and now converting to Tier2 gen.).If am making urgent application then also i need to show 3 months bank statements?

[tvn_ramesh]

Hi,I have been working on HSMP for a particular employer for the past 2 years.My HSMP extension visa got refused.My company willing to give me work permit under Tier-2 general.To make the urgent application the requirements mentioned in UKBA site are here below.
The requirements you must meet
To qualify for a quick decision you must meet the following requirements:

"you are extending your stay in the United Kingdom doing the same job and working for the same sponsor"
My question is will i be elgible under the above point.?(As am on different visa i.e., on HSMP and now converting to Tier2 gen.).If am making urgent application then also i need to show 3 months bank statements?

Kalyan:

I donno how much time/days are left for your current HSMP expiry...

1. Since you are not working for the same sponsor (u being HSMP) you might not be able to apply for extending BUT,

Still you will be able to hang and survive if

1. Your current company already has sponsor Licence (if not takes alot of paper work to arrange and apply around 6-7weeks time) and
2. Quickly get the Certificate of sponsorship for you (can get it in 1weeks time) and
3. Provide you with an Unique reference No (which you will in put in the Tier2 initial application)

Again Time is important criteria for you...

Also just need to check/confirm do your company need to put an advert in Newspaper before providing you above Certificate and URN??

Sorry if i confused you, this being new not much info is available..

If your company is willing to afford they should speak to a qualified soliciators..

I am in the same kind of boat..& fingers crossed;

Good luck mate

[Frontier Mole]

Sorry to put a dampener on things.

Not saying it is not possible but read the rest of the post.

This will not be a transitional move from a current WP to Tier 2 so will not benefit from those arrangements. Your tier2 route will have to be treated as a fresh role and as such is subject to the requirements that entails.

Tier 2 rules will not allow your current employer just to take you on. If you are not on the shortage list then they must advertise your job in the UK first, has to be advertised for at least two weeks and anyone who applies has to be considered for the job. Non EEA persons like your self can not be entered into the application system at this stage. If there are suitable applicants from the resident local market then you are excluded at that point.

I have already visited a company proposing to do exactly what your company is proposing. They were not awarded their PBS licence. It is very difficult to clearly demonstrate the requirements to meet the rules when there is already a person in the wings so to speak. The company has to go through a lot of hoops to get the current employee into the role. There are too many pitfalls and risks and the business faces a £10,000 fine if they can not provide the evidence of meeting the rules in regards the local market test.

Any business big enough to have a HR department will not go any where near this type of scheme. They know the risks as a loss of PBS licence comes with a fine and revocation which puts all the other employees on a PBS licence out of a job at the same time.

[tvn_ramesh]

Frontier:

Is it the same situation if a person like me...

who is now on WP due to expire (as you know i am pushing my company to get the sponsor licence n certificate for me) in apr 2009, to be on safe side if i apply for Tier1 (G) and if approved, continue to work for them but if my company is successful to get the PBS Sponsor licence etc.. and if they want me to shift to TIer2 (G) from my Tier1 (G)..

Is it not straight process from my Tier1 to Tier2? Will it be same situation as mentioned above??
Why i ask is, i came into my current role after the Advert's etc.. working for them all the time?

Why they want me to shift to Tier2 is for them to be safe that i dont jump to other company??

(I understand that ican continue to work as now if i have Tier1 (G) also but, i want to be frank n honest with my company why i want to try the Tier1 G loosing my time waiting for their sponser licence if it is not awarded in time i will have to risk my job...)

[Frontier Mole]

If you are on an existing WP - not a PBS tier whatever - then IF your WP is one of the type that can transfer over into the PBS tier 2 general then it is a transitional change. The job does not need to be advertised etc.
As long as your employer has the tier 2 licence then you can change over without some of the new tier 2 conditions needing to apply.

Hope that helps?

[tvn_ramesh]

If you are on an existing WP - not a PBS tier whatever - then IF your WP is one of the type that can transfer over into the PBS tier 2 general then it is a transitional change. The job does not need to be advertised etc.
As long as your employer has the tier 2 licence then you can change over without some of the new tier 2 conditions needing to apply.

Forntier:

You covered part of my question.. But if i now shift from Old Work Permit (before tier2) category to Tier 1 (General) category on my own.. and continue for the same employer.. And in a couple of months later if my employer wants me to shift to Tier 2 (General)... from my Tier1 (G) which i shifted on my own..

In that case because i am transfering from Tier 1 (G) to Tier 2(G) do in need to go through the whole Advertising, 2weeks, interviewing of CV's process by the company?

[Frontier Mole]

Why would you want to go from tier 1 to tier 2.
There is no benefit to swaping. You have far more flexibility as a tier1 than as a tier2. If you can stay with tier1.

[tvn_ramesh]

Why would you want to go from tier 1 to tier 2.
There is no benefit to swaping. You have far more flexibility as a tier1 than as a tier2. If you can stay with tier1.

Frontier: I completely agree with you.. but if you remember few weeks i was discussing my case with you.. http://www.immigrationboards.com/viewtopic.php?t=33520

As my company recently applied for sponser licence n may take 5-6weeks to get one n get me certificate of sponsper ship n renew my current WP as Tier 2.. but my WP will expire in Apr 09 so very less time..

I told my manager that i will do my Tier1 which i qualify n give a try to buy some time so that even if the sponser licence get delayed i will be still be in country to do my job.. for which they agreed but my concern is once if i get tier1 n than if my company get their Tier2 licence they will insist to change over to it..

so i wanted to make sure that the transational path From WP--> Tier1 and than Tier 1 to Tier2 is straight or will have to reinvent the circle like advertising etc...

hope you got my point of concern.

thanks again for ur time n efforts

ramesh

[PaperPusher]

my job.. for which they agreed but my concern is once if i get tier1 n than if my company get their Tier2 licence they will insist to change over to it

Well you could tell them where to stuff it, and ask them if they would make it harder for a British person to leave their employment with them. This is what they are trying to do to you.

You could look for another job in any case, or set up a business.

I think you may have to wait and see, they have not asked you to do anything yet. IF they ask you to do anything, come back & ask for advice about how to tell your employer (politely of course) that you will do no such thing.

I take it you have been in the job for a while?

PP

[Frontier Mole]

As PP said - I agree. Stay with tier 1, no matter what your company wants as it gives you the freedom to do as you want.

A company can not make you go onto tier 2 if you have tier 1. The only concern a business has is to make sure you are allowed to work in the UK and have the right of stay and employment that frees them from any issues as to illegal working.

Like PP I do not like the approach your current employer is going down.

[tvn_ramesh]

Point taken...

Thank you guys... Appreciate your inputs...