Work Permit switching into Tier 2

littlerice · Post by **littlerice** » Sun Nov 20, 2011 2:19 pm

I'm currently on 5-year old work permit, if I can't get ILR because of salary issues, can I switch into Tier 2 with the same employer? Employer is licenced.

And does that rule "need to be paid either £20k or according to COP whichever is higher" apply to this kind of situation?

And is it the unrestricted COS that I need? How quick can I get that?

Thanks

Post by **geriatrix** » Sun Nov 20, 2011 6:16 pm

When does your current leave as WP holder expire?

littlerice · Post by **littlerice** » Sun Nov 20, 2011 6:25 pm

12/12/2011
Is there not enough time to get a COS? I'm jammed.

Post by **geriatrix** » Sun Nov 20, 2011 6:35 pm

I believe you'll need to make a "change in employment" application before your current leave expires.

From what I understand of clause 193 (of the policy guidance), being a WP holder already in UK you should be able to apply for leave to remain for a job / role that is below graduate level. Also, if you will be (or are being) paid at the appropriate rate for SOC 3114, then the condition(s) specified in clause 194 also appear to be fulfilled.

Yes, you require a uCoS. Only your employer can advise you on how soon they can issue you a CoS.

littlerice · Post by **littlerice** » Sun Nov 20, 2011 6:55 pm

So you mean the reason I should do "change of employment" rather than an extension as clause 197 is because my current job doesn't fit what's on my original WP right? which is also the reason I can't get the ILR?

So what's the chance the application for "change of employment" would be rejected because of the previous "breach of rules" regarding my job roles? Is it totally up to case worker's discretion?

Say I got my "change of employment" approved, doesn't that mean as soon as I get a few months' payslip and bank statements I can apply for ILR again?

And just to be clear, this "£20k or according to COP whichever is higher" rule, is it only for switching from PSW to Tier2?

Post by **geriatrix** » Sun Nov 20, 2011 7:02 pm

littlerice wrote:So you mean the reason I should do "change of employment" rather than an extension as clause 197 is because my current job doesn't fit what's on my original WP right? which is also the reason I can't get the ILR?

I believe so, because you don't qualify for extension as you are not doing the same job / role for which your WP was issued.

littlerice wrote:So what's the chance the application for "change of employment" would be rejected because of the previous "breach of rules" regarding my job roles? Is it totally up to case worker's discretion?

No one can answer that question for you.

littlerice wrote:Say I got my "change of employment" approved, doesn't that mean as soon as I get a few months' payslip and bank statements I can apply for ILR again?

Yes, I think so.

littlerice wrote:And just to be clear, this "£20k or according to COP whichever is higher" rule, is it only for switching from PSW to Tier2?

In your case, clause 194 applies.

littlerice · Post by **littlerice** » Sun Nov 20, 2011 7:40 pm

Does clause 195 means my employer needs to do a new resident labour market test? Great, there won't be enough time if that's the case.

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Work Permit switching into Tier 2

Work Permit switching into Tier 2