Tier 2 extension NQF level

[nickbarr]

I am currently working working in the UK under Tier 2 (General). I applied and received my Visa between 6 April 2011 and 13 June 2012.

I understand that you can extend your visa and I can be sponsored to fill a vacancy at or above NQF level 4 or the equivalent level in Scotland.

The trouble is my job is at Occupations skilled to NQF level 3.

Job code is 3417, Description Photographers, audio-visual and broadcasting equipment operators.

I am correct in stating that I cannot extend my visa with the same employer under the same job title.

Any help would be amazing, really worried about not being able to extend this visa.

[manci]

The job title is not important, the job description is. You can only be sponsored for the extension if your job description corresponds to, or is a good match with, the description of an NQF level 4 job SOC code

[nickbarr]

Thank you for replying.

So I assume from you answer this means I cannot be assigned a unrestricted COS for the same job i am currently in?

If my employer did apply for a COS for me, would it be refused on the bases from my first post.

[manci]

the job description would have to change to an NQF level 4 job description, otherwise your application will be refused.

[manci]

I missed that you would be applying to extend your T2G leave with the same sponsor and in the same job. In that case the skill threshold doesn't apply, see para 71 in the T2 policy guidance.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

You will need a min. salary of £20,300

[nickbarr]

Great, seems to make sense now. So I guess in my instance when my employer is assigning COS to me does he ticks the following?

Tick to confirm that the post is at the appropriate skill level as set out in the sponsor guidance: * EMPLOYER TICK?

Is the job on the current shortage occupation list?: * DOES NOT TICK

Have you met the resident labour market test?: DOES EMPLOYER TICK?

Give details of the resident labour market test including where and when the post was advertised and reference number(s) for mandatory advertising:
The applicant is a Tier 2 Extension worker who is staying in the same job tile and code and therefore is excempt from undertaking the Resident Labour Market Test.

[manci]

all explained here (see p9):
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[nickbarr]

I am still unsure if I should tick this box.

Is the job on the current shortage occupation list? *
Tick as appropriate.

The current shortage occupation list can be found at;
http://ukba.homeoffice.gov.uk/sitecontent/documents/ workingintheuk/shortageoccupationlist.pdf


Also, unrelated question, how many years can my Tier 2 extension be if I have completed three years?

[manci]

Also, unrelated question, how many years can my Tier 2 extension be if I have completed three years?

another 3 years or the length of the engagement if that is shorter. Max total stay 6 years.

[Zee ali]

@Manci

i have a query

If job is nqf level 3 and also in short list occupation can an employer issue restricted cos to the potential employee?????

Can employee get tier 2 visa as well??????

[nickbarr]

I missed that you would be applying to extend your T2G leave with the same sponsor and in the same job. In that case the skill threshold doesn't apply, see para 71 in the T2 policy guidance.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

You will need a min. salary of £20,300

Sorry to bother you again manic, but are you sure I can extend my visa if I applied for my first tier 2 general after 13 June 2012 and its at NQF level 3.

To state again I am staying with same employer and in the same job when I was first given my tier 2 general.

Job code is 3417, Description Photographers, audio-visual and broadcasting equipment operators.