Switching from PSW to Tier 2

[ayushee]

Hi Everyone,

Long-time reader, first-time poster. I was hoping somebody could please clarify something for me with regards to Tier 2 applications and employer-sponsorship. If I've been working for the same employer for more than 6 months would they still need to provide me a certificate of sponsorship? My current PSW doesn't expire until Oct 2009 and unfortunately I can't apply under Tier 1 because I don't have enough points.

I'm confused by the wording as it implies that if you've been in that role for 6 months then it should be fine to apply under this category and your employer won't have to jump through any hoops.

http://www.ukba.homeoffice.gov.uk/worki ... switching/

also, is there a list somewhere with the companies that already have their certificate of sponsorship? I remember coming across one, but can't seem to find it.

Any help and advice greatly appreciated!

[PaperPusher]

Hello

Please see sponsor applications guidance

133.
A resident labour market test will not be required where a migrant currently has permission to stay in the United Kingdom under:

tier 1 (Post-study work); or
the International Graduates Scheme; or
the Fresh Talent Working in Scotland Scheme; or
the Science and Engineering Graduates Scheme,

and he/she wishes to switch into Tier 2 (General) and has been employed in the United Kingdom for a continuous period of at least six months with the same employer, working in the same job, immediately prior to the application being made.

I think you are getting 2 things confused. There is no requirement for them to do a resident labour market test, but they still need to provide a certificate of sponsorship for you to be able to switch to Tier 2.

You can find the list of employers who are on the register of sponsors at the moment here:

http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors


Your employer will have to on the register to give you a certificate of sponsorship, so they should read the guidance in the above link if they have not done already.

Hope that helps

PP

[ayushee]

Hi PaperPusher

Thanks for the links. I've checked the list and my employer is on that list. I was reading through the guidance and it mentions under point 133

Migrants in these circumstances will need a letter from their sponsor to submit with their Tier 2 application. The letter must show:

the applicant’s name; and

the date of the letter; and

the sponsor’s name and logo; and

confirmation that the migrant has been working for the sponsor for at least six months immediately prior to the application.

so i'd need an additional letter as well as the certificate of sponsorship?

[PaperPusher]

Yes!

They need the evidence to show that the employer does not need to do the resident labour market test.

[ayushee]

Okay, I get it now. Thanks for clarifying that for me. Hopefully not having to meet the market test would mean they can give me the certificate of sponsorship without any problems... Thanks again for clarifying!

[Tier1G]

Anybody know if the new policy effects this case too?

[muruga14]

Anybody know if the new policy effects this case too?

no as long as the psw visa holder is workign for minimum of 6 months continous the resident labour test doesnt apply for them.

[ayushee]

Hi, me again, just wondering if there is any need to show proof of maintenance for 3 months if you're switching from PSW category ... has anyone had a successful application without having done this? Thanks in advance!

Claiming Points
209. An applicant will automatically
be awarded points for the maintenance
requirement, without the need to provide
evidence, where he/she:
EITHER
a) has entry clearance, leave to enter, or leave
to remain as a:
• Tier 2 Migrant;
• Jewish Agency Employee;
• Member of the Operational Ground Staff of
an Overseas-owned Airline;
• Minister of Religion, Missionary, or Member
of a Religious Order;
• Representative of an Overseas Newspaper,
News Agency, or Broadcasting Organisation;
• Work permit holder;
OR
b) is applying for leave to remain as a Tier 2
(General) migrant and obtains points under
the post study work provisions.

[tvn_ramesh]

Hi, me again, just wondering if there is any need to show proof of maintenance for 3 months if you're switching from PSW category ... has anyone had a successful application without having done this? Thanks in advance!

switching to Tier2 - i "think" one of you either ur employer or u shd give the proof by letter/bankstatements for the maintenance funds points..

[ayushee]

Thanks - I am already getting a letter from my employer confirming my employment with details of my salary as well as the CoS - I was just wondering if not having to provide evidence meant that I won't have to provide bank statements for 3 months if I get both of those..?

[gevenia]

another question,

i'm also trying to switch from psw to tier 2 ,

its a bit vague ,

need to clarify , do i have to be working in the same job and same employer for at least 6 months?

or do i have to be working with the same employer for the last 6 months , and just working in the same job at the time of application..

the reason is that , my visa ends in OCT 09 , and i;ve been offered a new role just a month ago which takes my salary up the points i need.

[ash786]

another question,

i'm also trying to switch from psw to tier 2 ,

its a bit vague ,

need to clarify , do i have to be working in the same job and same employer for at least 6 months?

or do i have to be working with the same employer for the last 6 months , and just working in the same job at the time of application..

the reason is that , my visa ends in OCT 09 , and i;ve been offered a new role just a month ago which takes my salary up the points i need.

The six months rule is no longer required as announced by HO. See Page 2.

http://www.ind.homeoffice.gov.uk/siteco ... s-7-August

[letmec2006]

The six months rule is no longer required as announced by HO. See Page 2.

http://www.ind.homeoffice.gov.uk/siteco ... s-7-August

The doc says you dont need a letter from the employer about 6 months work
But it did not say you need not have worked for 6 months.

[gevenia]

i would tend to agree that they dont need the letter from employer confirming you've worked for 6 months with the same employer, as the 6 months pay slips would have proven that anyway , however do i have to be in the same job for at least 6 months or just at the time of application? can anyone help? i found this on the web site


http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

Please refer table 10 and point number 73

73. In order for the applicant to be award points under post-study work, the applicant must meet the following requirements:

(a) he must be applying for leave to remain.

(b) he must have, or have last been granted, entry clearance or leave to remain as a Tier 1 (Post Study Work) Migrant, or as a Participant in the International Graduates' Scheme (or its predecessor, the Science and Engineering Graduates Scheme) or as a Participant in the Fresh Talent: Working in Scotland Scheme.

(c) he must have been working for the Sponsor for a continuous period of at least 6 months immediately prior to the date of his application for leave to remain, and must provide the specified documents to prove this, and

(d) the job he is being sponsored to do must be the same as the one he is doing at the time of his application.


. however in the HO Tier application guidance it say i have to be in the job for at least 6 months?? but the actual immigration rule as you see above says its only at time of application?

please help thanks