Need help on the best way to apply

[SuperX7]

Hi guys, (sorry if this post is in the wrong category, not sure where to put it to be honest!)

I'm currently on a PSW visa that expires in November of 2010. I've recently been offered a job with a salary of £23,000 that starts in mid/early January (until now I've been working on a hourly wage). My new employer is also willing to sponsor me if that's what it takes for me to start working for him.

My question is, should I apply for Tier 2 Sponsored visas, or just Tier 1? If I do apply for Tier 1, will it be considered "extending my stay" or "switching immigration status"? I remember reading somewhere that you have to prove your previous earnings (which isn't anywhere near £23,000, more around the £16,000 mark) so I'm also worried about this as I haven't always put in my wage into my bank account (paid cash in hand at the end of each week) but I do have all my payslips (yes, I've paid tax etc) Using the points based system, if I'm switching immigration status, I don't think I can claim points for my BA Hons degree which puts me short of quite a few points

My concern is that my job role wouldn't be considered "filling a gap in the workforce" - i.e. it's not specialized as I'll be Assistant Manager of a privately owned nightclub.

I'm not sure which is the best way to go about this. Any advice would be great. I know I still have a bit of time but I would like to get this out of the way and try to find a solution (as I have another job offer that MAY give me a salary with satisfactory performance in a few months time). Both jobs start mid/early January and I will need to make a decision, and obviously the job that will help me extend my visa takes priority. I just want to live and work here without worrying about my silly visa status.

Regards,

S

[joh118]

Hi guys, (sorry if this post is in the wrong category, not sure where to put it to be honest!)

I'm currently on a PSW visa that expires in November of 2010. I've recently been offered a job with a salary of £23,000 that starts in mid/early January (until now I've been working on a hourly wage). My new employer is also willing to sponsor me if that's what it takes for me to start working for him.

My question is, should I apply for Tier 2 Sponsored visas, or just Tier 1? If I do apply for Tier 1, will it be considered "extending my stay" or "switching immigration status"? I remember reading somewhere that you have to prove your previous earnings (which isn't anywhere near £23,000, more around the £16,000 mark) so I'm also worried about this as I haven't always put in my wage into my bank account (paid cash in hand at the end of each week) but I do have all my payslips (yes, I've paid tax etc) Using the points based system, if I'm switching immigration status, I don't think I can claim points for my BA Hons degree which puts me short of quite a few points

My concern is that my job role wouldn't be considered "filling a gap in the workforce" - i.e. it's not specialized as I'll be Assistant Manager of a privately owned nightclub.

I'm not sure which is the best way to go about this. Any advice would be great. I know I still have a bit of time but I would like to get this out of the way and try to find a solution (as I have another job offer that MAY give me a salary with satisfactory performance in a few months time). Both jobs start mid/early January and I will need to make a decision, and obviously the job that will help me extend my visa takes priority. I just want to live and work here without worrying about my silly visa status.

Regards,

S

Let's get some things straight. I am assuming you do not have a Masters Degree which means you can't swich into the Tier 1 (highly skilled worker) This means you can only go into Tier 2.

To go into Tier 2, you need to meet some requirements. I cannot find any info on thw £23000 requirement. You must have worked in the job you have now for your current sponsor for at least six months before you apply. You must also continue to work for your sponsor in the job you have now. If you have not worked for your potential sponsor for at least six months before you apply, your sponsor will have to meet the resident labour market test. You will not be able to claim points for switching from a post-study category, but can claim points if your sponsor has met the resident labour market test.

It doesn't matter what the job role is, you can go work as a waiter if you want.

So my adivce is to start work with your new employer in January and after you've worked there for 6 months, so in June/July apply for Tier 2. It is so easy to switch from PSW to Tier 2. If you have worked there for 6 months, the employer can issue a Sponsorship cert. straight away. The only requirement is that the salary is over £20,000 but your's is 23000 so no worries.

[tvn_ramesh]

In addition to Joh118 advice, pls see that your salary is as per CODE OF PRACTICE

[SuperX7]

Thanks for the reply guys, I was a bit confused with the Tier 1 and Tier 2 differences obviously. Thanks for making this clear joh118. I may do a Masters next year (depending on if finances allow me) but thats irrelevant to my original question.

In addition to Joh118 advice, pls see that your salary is as per CODE OF PRACTICE

What exactly do you mean by as per code of practice?

[PaperPusher]

See the guidance here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and the codes of practice here:

http://www.ukba.homeoffice.gov.uk/sitec ... actice.pdf

It doesn't matter what the job role is, you can go work as a waiter if you want.

It does matter what the job is:

Before assigning a certificate of sponsorship the sponsor must ensure that:

the job is at skill level S/NVQ 3 or above

If you look at the codes of practice you will see jobs listed as

Lower-skilled jobs
The following occupations do not contain any jobs at NVQ or SVQ level 3 or above. There are no codes of practice for these occupations. Sponsors cannot issue certificates of sponsorship for any jobs in these occupations:

Please also remember that your sponsoring employer has to have a licence to issue a certificate of sponsorship.