Old Work Permit transfer to Tier 2 General

[jeffreychen83]

Hi guys,

Thank you for reading this. I am currently a old work permit holder, i will be able to apply PR in 2013. But there might be a chance for me to join a very reputable company, and I therefore need to have a Tier 2 (General) visa in order for me to work for the new employer.

Due to the new legislation, people who enter PBS (tier 2) after April 2011, will have a lot of difficulties when apply PR such as "£35000 requirement in 2016"

But I would like to make sure that new requirement wouldn't apply to me? and whether there is any other risks which may prevent me from applying PR in 2013.

1 more question, regarding residential labour market test, if the company only advertise this position on their website, is it OK? must be in job centre plus as well?

Many many thanks,

Jeffrey

[johnjkjk]

With regards to RLMT, the advertisement criteria depend on the soc code- look it up. It's typically job centre+ another from the stated list, for 28 calendar days.

[jeffreychen83]

With regards to RLMT, the advertisement criteria depend on the soc code- look it up. It's typically job centre+ another from the stated list, for 28 calendar days.

Thanks John. Has anyone got any idea in terms of old WP transfering to Tier 2 and entitlement of settlement?

[manci]

Has anyone got any idea in terms of old WP transfering to Tier 2 and entitlement of settlement?

The clock for ILR will not stop ticking when you switch from being a work permit holder to T2 General. See section 6 of Immigration Directorate Instructions:

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

and immigration rule 245HF:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

However, the £35k pay threshold will apply unless you are in a PhD level or shortage occupation.

[Greenie]

Has anyone got any idea in terms of old WP transfering to Tier 2 and entitlement of settlement?

The clock for ILR will not stop ticking when you switch from being a work permit holder to T2 General. See section 6 of Immigration Directorate Instructions:

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

and immigration rule 245HF:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

However, the £35k pay threshold will apply unless you are in a PhD level or shortage occupation.

the new £35k threshold will not apply to a WP holder switching into tier 2.

[manci]

Due to the new legislation, people who enter PBS (tier 2) after April 2011, will have a lot of difficulties when apply PR such as "£35000 requirement in 2016"

what Jeffreychen83 referred to was the £35k pay threshold when he applies for settlement as a Tier 2 General migrant, after having switched from work permit employment to Tier 2 General, rather than any pay threshold when switching from work permit employment to T2 General.

[Greenie]

Due to the new legislation, people who enter PBS (tier 2) after April 2011, will have a lot of difficulties when apply PR such as "£35000 requirement in 2016"

what Jeffreychen83 referred to was the £35k pay threshold when he applies for settlement as a Tier 2 General migrant, after having switched from work permit employment to Tier 2 General, rather than any pay threshold when switching from work permit employment to T2 General.

yes - and the 34K threashold for ILR will not apply to someone who has switched from WP to tier 2.

[manci]

Due to the new legislation, people who enter PBS (tier 2) after April 2011, will have a lot of difficulties when apply PR such as "£35000 requirement in 2016"

what Jeffreychen83 referred to was the £35k pay threshold when he applies for settlement as a Tier 2 General migrant, after having switched from work permit employment to Tier 2 General, rather than any pay threshold when switching from work permit employment to T2 General.

yes - and the 34K threashold for ILR will not apply to someone who has switched from WP to tier 2.

have I then misinterpreted the published statement re. settlement after 6 April 2012: "Those who entered Tier 2 under the rules in force from 6 April 2011 will need to meet a minimum pay threshold of £35,000 ...." i.e. when he switches from work permit employment to T2G this year it will not be under the rules in force after 6 April 2011?

[manci]

Due to the new legislation, people who enter PBS (tier 2) after April 2011, will have a lot of difficulties when apply PR such as "£35000 requirement in 2016"

what Jeffreychen83 referred to was the £35k pay threshold when he applies for settlement as a Tier 2 General migrant, after having switched from work permit employment to Tier 2 General, rather than any pay threshold when switching from work permit employment to T2 General.

yes - and the 34K threashold for ILR will not apply to someone who has switched from WP to tier 2.

have I then misinterpreted the published statement re. settlement after 6 April 2012: "Those who entered Tier 2 under the rules in force from 6 April 2011 will need to meet a minimum pay threshold of £35,000 ...." i.e. when he switches from work permit employment to T2G this year it will not be under the rules in force after 6 April 2011?

Looking at this again there seems to be a discrepany between the published table, the heading of which is "Settlement after 6 April 2012" and the text which refers to settlement applications after April 2016.

Could you please clarify?

[Greenie]

what Jeffreychen83 referred to was the £35k pay threshold when he applies for settlement as a Tier 2 General migrant, after having switched from work permit employment to Tier 2 General, rather than any pay threshold when switching from work permit employment to T2 General.

yes - and the 34K threashold for ILR will not apply to someone who has switched from WP to tier 2.

have I then misinterpreted the published statement re. settlement after 6 April 2012: "Those who entered Tier 2 under the rules in force from 6 April 2011 will need to meet a minimum pay threshold of £35,000 ...." i.e. when he switches from work permit employment to T2G this year it will not be under the rules in force after 6 April 2011?

Looking at this again there seems to be a discrepany between the published table, the heading of which is "Settlement after 6 April 2012" and the text which refers to settlement applications after April 2016.

Could you please clarify?

See http://www.homeoffice.gov.uk/publicatio ... iew=Binary page 17 which confirms that the changes do not effect those swithing from WP and other other specified Points Based System (PBS) predecessor categories.

The settlement only effect those who entered tier 2 under the rules in place from 6 April 2011, (exluding WP holders etc) and therefore will not take effect until April 2016 when the first of those people will be eligible for ILR

[manci]

Thank you for the clarification.

[jeffreychen83]

Thanks Greenie, you make it very clear. and thank you Manci as well, your comments were actually my concern, but it's all clear now regarding the £35K threshold.

By the way, so there are no other risks then?

Many thanks,
Jeffrey