PSW to Tier 2 - Maintenance

[mansoorash]

Hi,
If my memory serves me right, the Maintenance rule of holding £800 for a period of 90 days was not applicable to any applicants who were switching from PSW to tier 2 provided that they worked for at least 6 months preceding the application date with the same employer. I went through the tier 2 policy guidance but I was unable to find any such exemption for PSW holders. Please can somebody let me know whether this exemption has been revoked?
Thanks very much!

[geriatrix]

What do you think it means if it is no longer mentioned in the current policy guidance?

[mansoorash]

What do you think it means if it is no longer mentioned in the current policy guidance?

Hi, thanks for your reply. I don't really know what it means especially when the 'point assessment calculater' mentions that maintenance points will automatically be applied if someone is switching from PSW to tier 2. So I do not know which piece of info is correct.

[geriatrix]

Point assessment calculator is a piece of software.
The policy guidance is what it says it is - "policy guidance", drafted on the basis of immigration rules.

I think it would make sense to believe the latter.

[jay27]

I had this question as well so I phoned the UKBA contact number (several times just to be sure). And each time they said if you apply by post instead of online and with a covering note explaining there is no option on the application to claim maintenance points by switching from PSW then this should be fine.

But, just to be sure, you should see if you could get your employer to certify maintenance on your CoS just in case.

[Greenie]

you can't claim points for maintenance if switching from PSW in this way any longer because the rules have been changed.

[mansoorash]

you can't claim points for maintenance if switching from PSW in this way any longer because the rules have been changed.

Thanks very much everybody for all the replies.

Please allow me to ask another question that is somewhat relevant to the issue in discussion. It appears that whilst switching from PSW to tier 2, the exemption for RLMT still applies but the requirment of having worked within the same employement for last 6 months is no longer necessary in order to qualify for RLMT exemption?

Thanks

[Greenie]

correct. the 6 month requirement was removed as otherwise a tier 4 migrant under the new rules would be in a better position than a PSW migrant but this has coincided with the removal of the option of the employer certifying maintenance for those switching from PSW.

[jay27]

Hi Greenie, I'm a but confused by your last post that an employer cannot certify maintenance for those switching from PSW. Can you let me know where you found this information as I've only ever seen this on the most recent policy guidance:

Points awarded for maintenance
145. You will be awarded 10 points if:
• you currently have entry clearance, leave to enter, or leave to remain as a Tier 2 skilled
worker; work permit holder; Jewish Agency Employee; Member of the Operational Ground
Staff of an Overseas-owned Airline; Minister of Religion; Missionary; Member of a Religious
Order; or Representative of an Overseas Newspaper, News Agency or Broadcasting
Organisation; or
• your A-rated (Premium), A-rated Small or Medium-sized Enterprise (SME+) or A-rated
sponsor certifies on the Certificate of Sponsorship that they will maintain and accommodate
you up to the end of your first month of employment in the UK if required. Your sponsor may
limit the amount of the undertaking but any limit must be at least £900; or
• you have personal savings of at least £900 which must have been held for a consecutive 90
day period ending no more than 31 days before the date of your application.


My employer is an A-rated sponsor and has certified maintenance for me on my CoS but I am switching from a PSW visa. Are you saying this is not enough for me to claim 10 points for maintenance?

Thanks!

[mansoorash]

correct. the 6 month requirement was removed as otherwise a tier 4 migrant under the new rules would be in a better position than a PSW migrant but this has coincided with the removal of the option of the employer certifying maintenance for those switching from PSW.

Thank you Greenie.

This option of employer confirming the maintenance allowance may very well be a good option for anybody applying from outside the UK. However In my opinion, it's very unlikely that any PSW holder will be able to claim maintenance points in this way due to the additional tax implications of providing accomodation and all that to an employee.

I am glad that at least they have not revoked the RLMT exemption.

I must admit that I was always wary about this automatic maintenance points for the PSW holders so I have been keeping my bank balance above £800 since last few months (I have increased it to £900 from April though after the new rules were announced). I hope that my company receives the license before 14th of June otherwise I will have to wait for for another month before I can apply.

[hashmil]

Hi,
If my memory serves me right, the Maintenance rule of holding £800 for a period of 90 days was not applicable to any applicants who were switching from PSW to tier 2 provided that they worked for at least 6 months preceding the application date with the same employer. I went through the tier 2 policy guidance but I was unable to find any such exemption for PSW holders. Please can somebody let me know whether this exemption has been revoked?

Your memory is correct. This was what I thought as well. And as a matter of fact I had saved the page as a PDF so here is what the website said on the 24th of April 2012:

You will automatically score 10 points for maintenance, without needing to give evidence, if you are scoring 30 points for switching into Tier 2 (General) from one of the following post-study categories:

-Tier 1 (Post-study work)
-Fresh Talent: Working in Scotland Scheme
-International Graduate Scheme or Science and Engineering Graduate Scheme

and now the same link this has changes

http://www.ukba.homeoffice.gov.uk/visas ... intenance/

i'm so gutted, as I will be switching mine soon as well. Oh well, i have to save £900 for the next 3 months now

[anup00]

i do not agree with the above suggestion.

i think the guidance mentions:

145. You will be awarded 10 points if:
you currently have entry clearance, leave to enter, or leave to remain as a Tier 2 skilled worker; work permit holder; Jewish Agency Employee; Member of the Operational Ground Staff of an Overseas-owned Airline; Minister of Religion; Missionary; Member of a Religious Order; or Representative of an Overseas Newspaper, News Agency or Broadcasting
Organisation;

unless Tier 1 PSW is not considered a valid work permit the maintenance must be still valid? any lawyers around to clear this point?