Tier 1 (PSW) to Tier2 (change of job role)

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 4:31 pm

Hi, I am working with a company and have completed 11 months. My company is ready to sponsor me....but the problem is right now I am working as an admin and the job role is not up to graduate level.....they are ready to create a new vacancy which can be up to a graduate level...but the problem is our company have to do a labour market test for this...and they are quite hesitate to do it.....We cant even lie by saying I have worked 1 year in same graduate level job as my salary was £7.5/ hour......Can any1 help me by giving some idea ....... I don't have any clue.....My visa is expiring in April 2012

madona587 · Post by **madona587** » Wed Jan 25, 2012 5:53 pm

jaguar2012 wrote:Hi, I am working with a company and have completed 11 months. My company is ready to sponsor me....but the problem is right now I am working as an admin and the job role is not up to graduate level.....they are ready to create a new vacancy which can be up to a graduate level...but the problem is our company have to do a labour market test for this...and they are quite hesitate to do it.....We cant even lie by saying I have worked 1 year in same graduate level job as my salary was £7.5/ hour......Can any1 help me by giving some idea ....... I don't have any clue.....My visa is expiring in April 2012

There is no shortcut mate, Your company has to do a RLMT. Thats the only option I can see

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 5:58 pm

Hi Madona... Is there any such kind of rule if my company wants to give me different job role....then they have to do RLMT test???

Raone · Post by **Raone** » Wed Jan 25, 2012 8:27 pm

Since you are on PSW, switching to tier2, been with employer with more than 6 months, cant you just apply- cause you dont need RLMT in this condition?? Isnt it?

Raone · Post by **Raone** » Wed Jan 25, 2012 8:35 pm

Raone wrote:Since you are on PSW, switching to tier2, been with employer with more than 6 months, cant you just apply- cause you dont need RLMT in this condition?? Isnt it?

266. A resident labour market test is not required where a migrant currently has permission to
stay in the UK 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
• they are switching into Tier 2 (General), to do the same job they are already employed Tier 2 and 5 Sponsor Guidance - Version 10/11 Page 46 of 103
to do immediately before the date of application, with the same employer, and they have
been employed in the UK for a continuous period of at least six months with the same
employer immediately prior to the application being made. (The migrant does not have to
be in the same job for the full 6 months). The only exception to this 6 month rule is where
a migrant has been absent due to:
• a period of maternity, paternity or adoption leave; or
• a period of long-term sick leave that lasted for one month or longer

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:00 pm

I am not sure whether I need to go through RLMT.....the points you posted clearly states that I should do the same job for minimum 6 month...In my case after 1 year I am getting different post....So I am not sure......I am really confused

Raone · Post by **Raone** » Wed Jan 25, 2012 9:06 pm

read carefully-

they are switching into Tier 2 (General), to do the same job they are already employed Tier 2 and 5 Sponsor Guidance - Version 10/11 Page 46 of 103
to do immediately before the date of application, with the same employer, and they have
been employed in the UK for a continuous period of at least six months with the same
employer immediately prior to the application being made. (The migrant does not have to
be in the same job for the full 6 months).

they are switching into Tier 2 (General), to do the same job they are already employed to do[/b] immediately [/b]before the date of application

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:12 pm

switching from a post-study category
97.You can claim 30 points if you have a Certificate of Sponsorship and are switching from:
• Tier 1: Post Study category;

And
• if you have worked for your sponsor for a continuous period of at least six months
immediately before the date of your application. You must be applying to continue in
the same job you are doing on the date of the application.

Do any 1 have idea about this ???

Raone · Post by **Raone** » Wed Jan 25, 2012 9:14 pm

correct, get a raise, so you are doing same job you are doing on the date of the application

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:24 pm

No......... i will be offered different job role....completely different to which I have currently,,,,,

Raone · Post by **Raone** » Wed Jan 25, 2012 9:26 pm

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:27 pm

raone......

they are switching into Tier 2 (General), to do the same job they are already employed Tier 2 and 5 Sponsor Guidance - Version 10/11 Page 46 of 103

Please check properly

also I am right now on PSW (Tier1)

Raone · Post by **Raone** » Wed Jan 25, 2012 9:32 pm

read the complete sentence:

they are switching into Tier 2 (General), to do the same job they are already employed to do "immediately" before the date of application, with the same employer, and they have
been employed in the UK for a continuous period of at least six months with the same
employer immediately prior to the application being made. (The migrant does not have to
be in the same job for the full 6 months).

And to clear that thats why it says in the last:

The migrant does not have to
be in the same job for the full 6 months).

Raone · Post by **Raone** » Wed Jan 25, 2012 9:38 pm

this is future tense not past tense

Raone wrote:read the complete sentence:

they are switching into Tier 2 (General), to do the same job they are already employed to do "immediately" before the date of application, with the same employer, and they have
been employed in the UK for a continuous period of at least six months with the same
employer immediately prior to the application being made. (The migrant does not have to
be in the same job for the full 6 months).

And to clear that thats why it says in the last:

The migrant does not have to
be in the same job for the full 6 months).

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:41 pm

Raone..... for changing from Tier 1 to Tier 2 , the rule which is mentioned on UKBA website http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf is

switching from a post-study category
97.You can claim 30 points if you have a Certificate of Sponsorship and are switching from:
• Tier 1: Post Study category
And
• if you have worked for your sponsor for a continuous period of at least six months
immediately before the date of your application. You must be applying to continue in
the same job you are doing on the date of the application.

Raone · Post by **Raone** » Wed Jan 25, 2012 9:43 pm

OMG- get your employer to speak with UKBA- they will elaborate it...

and remem it says

"on the date of the application." that means on teh date of application you are doing and will do same job as the one your employer has mentioned on COS..

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:46 pm

Ok I will ask my employer to contact UKBA....thanks

jaguar2012 · Post by **jaguar2012** » Wed Jan 25, 2012 9:56 pm

Yeah You right Raone......It means either on the date of application or earlier I should start doing the job which is similar to my future job profile which will be stated in sponsorship certificate,,,,,,Thank you very much for your help mate.....Fingers crossed...

Raone · Post by **Raone** » Thu Jan 26, 2012 7:02 am

better late than never mate......cheers!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 1 (PSW) to Tier2 (change of job role)

Tier 1 (PSW) to Tier2 (change of job role)

Re: Tier 1 (PSW) to Tier2 (change of job role)