psw to tier 2- simple query

[arsenal49]

Do people on post study work visa trying to move to tier 2 visa have to adhere to code of practice?

i searched but couldnt find definitive answer.

thanks

[timbob]

Yeah, I should think so. I think adherence to the occupational codes of practice applies to all kinds of Tier 2 applications since all Tier 2 applications require a CoS and the information filled into a Cos includes details of the job (title, salary etc).

[arsenal49]

thanks alot. any psw holders who applied sucessfully recently for tier 2 visa? i would like to hear from you guys as well.

The confusion arises because if some one is on a psw visa then resident labour test is bypassed which means psw holders gets preferential treatment in the eyes of HO.Do they still need to look at all the job titles and salary requirement etc.??? or is it for people coming in UK from abroad?

Also, which section(in jobs/salary list) is most relevant to recent graduates(engineering) for tier 2 general visa. Section M seems to be the right place BUT salary requirement is 32000 quid, approximately. Thats a lot for graduates!!!

Regards

[crownvictory]

changing from psw to T2 is more relaxed than applying directly!

1.The major requirement is for yr employer to be on sponsorship register to issue u with CoS!

2. U must have worked for 6months to automatically ----get 30points

3. u need minimum of 24k future(expected) earnings to--get 10points

4. and yr ''qualification'' i guess shld --------------------get u 10points

5. All u need to apply is-------------------------------------- 50points

but

must meet other compulsory points as well(10points for maintenance and 10points for proof of English)

[Arjun_123]

Hi ,

Yeah that is correct you can bypass Resident Labour Market test if you are in PSW / IGS and working for the same employer with same job tiltle for last 6 months, but you will need to follow code of practice for sure. they are two different things..there are lot of people in this forum who had similar situation, ignored code of practice and got their application rejected.

job title 'Graduate developer' under 2132 Software professionals section is something suitable for recent graduates(engineering) for tier 2 general visa. the minimum pay requirement is 22300 pounds per anum.

Hope this helps. Cheers.

[crownvictory]

Hi

I suppose Employer would not be able to issue CoS in the first place without meeting the CoP ! even jobs on shortage list automatically, complies with CoP except that they need not to be advertised. How come then could the HO refused anybody for not complying with the codes? I think its more of the employers responsibility than the applicants. I will like to here from anybody that got rejected in this regards, pls.

[timbob]

@crownvictory, the minimum sa lary is not £24000 but £20,000

@Arjun, yes you are right, the codes of practice must be adhered to with respect to number of working hours per week and gross(annual) salary. It is the responsibility of the employer to pick a job title from the codes of practice which closely matches the actual job that the employee/applicant does for the company. Therefore, if a graduate with psw joins a company as a 'Graduate Developer' and works for them for at least six months, he/she can switch in Tier 2 so long as he/she is applying to continue in the same job i.e as a 'Graduate Developer' for that same company. It has nothing to do with whether you are an Engineering graduate or not. It is purely based on the job you do for that company.

A common mistake that employers make is to satisfy the salary requirement but not the weekly working hours requirement simply because the number of working hours is only at the top of the codes of practice document - most employers just skip to the job title straight to see the recommended salary and so they unintentionally miss the important details about the number of working hours

[aiaq]

changing from psw to T2 is more relaxed than applying directly!

1.The major requirement is for yr employer to be on sponsorship register to issue u with CoS!

2. U must have worked for 6months to automatically ----get 30points

3. u need minimum of 24k future(expected) earnings to--get 10points

4. and yr ''qualification'' i guess shld --------------------get u 10points

5. All u need to apply is-------------------------------------- 50points

but

must meet other compulsory points as well(10points for maintenance and 10points for proof of English)

At present i am on a PSW visa and like to switch to tier 2 general visa. I am working in a bank as an associate. earning in between 20K to 22K a year. My visa will be expiring on the 15 of may 10...

Following are the points i score on HO point based system calc.

PSW - 30 points
Masters - 15 points
Earnings- 10 points

Toal 55 points where as the requirement is 50.

My employer is also registered and got licensed. He wants to issue me certificate . My only confusion is, besides i got 6 months months payslips , 3 months statements , got 800 minimum funds, and english creteria .... lawyers are confusing me as when i asked one lawyer he said you eligible and qualify , the other said no you need to earn according to the skilled job code and as you earning only say 21k you dont qualify cuz you working job descriptionsays mimimum earning should be 27k a year.

My question is that either HO will be looking up my future earning for the job i am doing or present earning i-e 21k ..... so am i eligible in HO eye or not?

Please this is request to all of you to share your valuable comments.

thx

[crownvictory]

@timbomb that is correct min 20k.

@aiaq i think u'r automatically ok as u have little to prove yr future gross income . here is d link http://www.ukba.homeoffice.gov.uk/worki ... /earnings/

[aiaq]

Hi Crown ,

Thanks for replying but i get confused because different lawyers tell me different things. As i mentioned before, i currently earn 21k but according to the CoP ,under my job title i should be earning a higher salary.

So in my application i want to be absolutely sure, will it be rejected because i am currently not earning the amount stated in COP or because my prospective earnings would be under CoP so it will be O.K. They will be looking at my previous bank statements so do i need to be earning my prospective salary now as stated in CoP?

Please if you could clarify this for me, it would be a great help.This prospective salary wording is what confuses me in the application and the relevance of my curent salary.

[crownvictory]

@aiaq I guess yr present salary would be for 37.5hrs meanwhile HO wld base their estimation on 48hrs max + other benefit the job offers. there4 21x48/37.5=26.88 (grossg up). As i can see u may be well over 27k if u can prove additional benefit, eg laundry, bonus, overtime rate, etc. Moreso, the ball is in yr court with the way u package yr application to convince HO. Nobody can predict d future including HO(they only follow up probably with tr employer to see if u latter receiving d pay)

U might do this better yourself as lawyers would want over perfection and 100% guarantee of getting d visa 4 u, thereby risking yr chances.

Chrss!

[missfitsz]

Hi,

Can anybody let me know what code of practice is my job position? I am currently working as a "Marketing and PR Assistant",fresh graduate and been working for the same employer for nearly 6 months now. I can't find any similar to any of the code of practice. Please advise.

And also, when do my employer have to give HO the details for whether we fulfill the code or practice? We have already submitted to apply for a liciense but still awaiting for them to come back to us. So I am a bit confused with what is the difference with CoS and the liciense. We have also done the Market Labour Test. I need to make sure this is right before I send off my Tier 2 application.

I hope to hear from you soon! Thanks!