Tier-2 Maintainance & Attributes for out of time applica

[khans]

Hi Forum,

Grateful if you can advice on the below.

My Tier-2 general (switching from PSW applying form within UK) was refused in January. I then appealed immediately however the appeal was eventually dismissed last week. I am now making a fresh, out of time, application. Now considering the latest changes affective from 6th of April that completely scrapped PSW category , I am not sure if I can claim 10 points for maintenance on the basis that I am switching from PSW ! I don't have £800 in my personal account for the last 3 months as i've been paying huge sums to cover my legal costs of appeal.
Now the application form and the UKBA website mentions and I quote "Alternatively, you will score 10 points if you can provide evidence that your sponsor has an A rating and has confirmed in your certificate of sponsorship that it will maintain and accommodate you (to a level of £800 or more) until the end of your first month of employment in the UK if required"

Is this as simple my employer ticking that option in the COS and me ticking the option in the application form to score 10 points or is there additional requirements to this from my or my employers side ?

Also, are statements from accounts held abroad either on my own name or my parents name considered for maintenance ?

Another question: When making a fresh application now, will I still be considered switching from PSW as this is important for me to score points for Sponsorship and for my employer not to conduct a RMLT as my job is not on shortage occupation list before issuing me with a new COS which I will be needing for the new application.

Please advice.

Best Regards,
Khan.S

[khans]

I have confirmed that the employer (A-Rated Sponsor) only need to confirm by ticking the option in your COS for you to score 10 points for maintenance. in fact the new application form does not have an option where you can tick that you are claiming 10 points for maintenance by switching form PSW.

Accounts help abroad are also considered but this shouldn't be needed as my employer is willing to cover for my maintenance.

Also, I will be considered as switching from PSW to score 30 points for sponsorship as the form asks you to tick if you have or were last granted leave to remain in any one of the below categories i.e. PSW in my case.

I understand this would be an out of time application and therefore out of immigration rules which leaves it to the discretion of the case worker to make the final decision but I will try my best to explain the circumstances that lead teh refusal of my first application and the appeal after that.

[amar120]

HI,

I am new to this form and read you post.
I want to know that do we have to provide them with 6 months pay slips because in new form they have not asked for any such option.

And best of luck for your application

[khans]

HI,

I am new to this form and read you post.
I want to know that do we have to provide them with 6 months pay slips because in new form they have not asked for any such option.

And best of luck for your application

Hi Amar,

New rules effective from 6th of April don't require you to be working for your employer for at least 6 months. if you have been that's great but it's not a requirement any more, so I would say the pay-slips should'not be necessary.

cheers.

[amar120]

Thanks for your quick reply.
So we have to get 70 points from
1. COS -20
2. Switching from PSW-30
3. Funds-10
4- English language- 10

which is same as it was before 6th april 2012

cheers

[khans]

Thanks for your quick reply.
So we have to get 70 points from
1. COS -20
2. Switching from PSW-30
3. Funds-10
4- English language- 10

which is same as it was before 6th april 2012

cheers

Yes that is absolutely correct. However, just as I mentioned earlier in my post, you can no longer claim 10 points for maintenance on the basis that you are switching from PSW. You either have to have a maintenance of £800 for 90 days or more in your personal account OR your "A- Rated" employer/sponsor has to be willing to cover for that and mention it in your COS. bear in mind only A-Rated sponsor's can do this.

Cheers.

[amar120]

Thanks

[amar120]

Hi there,

Another quick questions.

As we are transferring from PSW to tier 2, our sponsor have to apply through unrestricted COS?

If yes, do our sponsor have to fill unrestricted Cos form? Because we could not find unrestricted Cos form on there website when we are logging in.

And do sponsor have to mention the date till when the visa should be issued?

Do we have to mention that our job is in short occupation list and met the resident labour market test?

Regards
Amar

[khans]

Hi there,

Another quick questions.

As we are transferring from PSW to tier 2, our sponsor have to apply through unrestricted COS?

If yes, do our sponsor have to fill unrestricted Cos form? Because we could not find unrestricted Cos form on there website when we are logging in.

And do sponsor have to mention the date till when the visa should be issued?

Do we have to mention that our job is in short occupation list and met the resident labour market test?

Regards
Amar

If you are applying from within the UK then you will need an unrestricted COS, out of country applications need restricted ones. I am not surely where/how to find this on the sponsorship management system but the option is there.
As far as I am aware the employer doesn;t need to mention the time of validity of your visa. If issued, your leave will be for 3 years by default.
If you are switching form PSW Shortage occupation list and RMLT are irrelevant.
Make sure your check the list of relevant job codes and see you are paid the salary that matches or exceed the job code your HR puts in your COS. Each JOB code has it's own specific salary that you need to match or exceed.

[amar120]

Thanks alot

where can i find the job code??

amar

[amar120]

But in the guidlines they have mentioned that for switching from PSW to Tier 2 we need earn £20,000 or more.

Amar

[amar120]

Hi,

I found the COS at UKBA website
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am working as QA test analyst whose pay should be 28 k but mine is 22 K. what should i do? please let me know if u have any suggestion
Amr

[khans]

Hi,

I found the COS at UKBA website
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am working as QA test analyst whose pay should be 28 k but mine is 22 K. what should i do? please let me know if u have any suggestion
Amr

In that case get your employer to raise your salary to 28 k and mention that in your CoS. Do not use a job code where the salary is higher than what you are getting. The application will be rejected straight away. That is exactly what happened in my case.