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Switching from Tier 1 PSW to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Anamik
Newbie
Posts: 42
Joined: Wed Dec 26, 2012 6:47 pm
Location: United Kingdom/India

Switching from Tier 1 PSW to Tier 2 General

Post by Anamik » Wed Dec 26, 2012 11:01 pm

Hi All,

I have a couple of questions about Tier 2 General visa.

I am on Tier 1 PSW visa and working as a Intern IT Developer from last 1 year (My Salary slip showing that I am - Not in contract (NIC) employee).
My current salary is below 20k but now company want me to give permanent position with more than 20k salary.
Visa Expiray date : 10/2/2013

Company has applied for a licence in a 1st week of Dec 2012

Q1. How much time will take to get a licence??

Q2. Is salary of last 6 months or more matters??

Q3. Is my current status of (Not in contract (NIC) employee) matters??

Q4. Hw much time need to get COS??
If UKBA issuing COS on particular day of month then whch days of Jan and Feb 2013


Q5. Can I get two COS from 2 diffrent sponsers at the same time??

Q6. Hw much salary I must have??

Thanks in advance

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from Tier 1 PSW to Tier 2 General

Post by manci » Thu Dec 27, 2012 8:23 am

Anamik wrote:Hi All,

I have a couple of questions about Tier 2 General visa.

I am on Tier 1 PSW visa and working as a Intern IT Developer from last 1 year (My Salary slip showing that I am - Not in contract (NIC) employee).
My current salary is below 20k but now company want me to give permanent position with more than 20k salary.
Visa Expiray date : 10/2/2013

Company has applied for a licence in a 1st week of Dec 2012

Q1. How much time will take to get a licence?? could be a problem - look at timelines on the forum

Q2. Is salary of last 6 months or more matters?? your present salary is irrelevant

Q3. Is my current status of (Not in contract (NIC) employee) matters?? no

Q4. Hw much time need to get COS?? once the company has its licence and a CoS allocation. about 20 minutes

If UKBA issuing COS on particular day of month then whch days of Jan and Feb 2013 you are in the UK and will get an unrestricted CoS which is assigned by the company when they are in a position to do so

Q5. Can I get two COS from 2 diffrent sponsers at the same time?? yes

Q6. Hw much salary I must have?? £20k or the appropriate salary for the job SOC code, whichever the higher
Thanks in advance

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Dec 27, 2012 8:59 pm

anamik wrote: But still I have a doubt about Q5.
{Q5. Can I get two COS from 2 diffrent sponsers at the same time?? yes }

On following UKBA link they have write

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

[ Sponsors assign certificates using the sponsorship management system, and you can only have 1 live certificate of sponsorship in the system at any 1 time. A live certificate of sponsorship is 1 that the sponsor has assigned to you, but that you have not used yet to apply.

If you have given your personal details to a prospective sponsor and that sponsor assigns a certificate of sponsorship to you, then no other sponsor can assign a certificate of sponsorship to you during the time the certificate gives you permission to come or stay. So it is very important that you only give your personal details to a sponsor you intend to work for. ]

My problem is that I got a offer from another company and that company has assigned me COS but I am more interested to work with my current employer. But at the same time I don't want to loose this COS until I successfully get Tier 2 visa with current employer (Off course only if company get a licence).
You are right, the answer to Q5 should have been NO.
See also para 238 of the Tier 2 policy guidance

sheng99200
Newly Registered
Posts: 4
Joined: Sat Dec 29, 2012 3:41 am

Re: Switching from Tier 1 PSW to Tier 2 General

Post by sheng99200 » Sat Dec 29, 2012 12:36 pm

Anamik wrote:Hi All,

I have a couple of questions about Tier 2 General visa.

I am on Tier 1 PSW visa and working as a Intern IT Developer from last 1 year (My Salary slip showing that I am - Not in contract (NIC) employee).
My current salary is below 20k but now company want me to give permanent position with more than 20k salary.
Visa Expiray date : 10/2/2013

Company has applied for a licence in a 1st week of Dec 2012

Q1. How much time will take to get a licence??

Q2. Is salary of last 6 months or more matters??

Q3. Is my current status of (Not in contract (NIC) employee) matters??

Q4. Hw much time need to get COS??
If UKBA issuing COS on particular day of month then whch days of Jan and Feb 2013


Q5. Can I get two COS from 2 diffrent sponsers at the same time??

Q6. Hw much salary I must have??

Thanks in advance
For your Q4, your Hr need apply a Cos at the same time when your company was applying sponsorship licence. There is a form let your hr to confirm how many Cos your company need when hr is applying licence. If you are the only person to apply T2 this time, HR need write one in the form. HO then allocates a Cos directly when your Hr sent Cos application after your company gets licence. It only costs about 20 mins. If hr writes 0 when sending sonpsorship licence application, your company need apply your Cos separately and it will take longer time normally.

Anamik
Newbie
Posts: 42
Joined: Wed Dec 26, 2012 6:47 pm
Location: United Kingdom/India

Re: Switching from Tier 1 PSW to Tier 2 General

Post by Anamik » Sat Dec 29, 2012 9:12 pm

Thank you manci and sheng for your reply

Also I want to know

Q7) Does I need to satisfy Resident labour market test (even currently I am on Tier 1 PSW visa)??

I believe that my role come under
Tier 2 Section J Occupational Codes of Practice – version 12/12: Valid from 13/12/2012
{(page - 13)
SOC Code: 2131 (IT strategy and planning professionals)
Web designer (Minimum Rate: £26,000)}
or
{(page-17) SOC Code: 2132, (Software professionals)
Programmer (Minimum Rate: £26,000)}

Tier 2 Policy Guidance Para:82 say I dont need to do But
Tier 2 Section J Resident Labour Market Para(page 13 & 20) says I may need.
Ref:
[
Jobcentre Plus (or Jobcentre Online for jobs in Northern Ireland): Yes, unless an exemption applies.
Where an exemption does apply you may still advertise in Jobcentre Plus but that must be in addition to one other advertising method set out in this code of practice.]
]
(Note Bold Senetence)I am doing any mistake to understand it? Plz let me know.

Thnaks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Dec 30, 2012 8:23 am

RLMT not needed if you switch from PSW to T2G provided you have valid leave when you apply, see para 89 of the T2 policy guidance

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