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PSW to Tier 2 General Visa

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

PSW to Tier 2 General Visa

Post by weikianng » Thu May 10, 2012 11:22 am

Dear All,

My PSW visa will be expiring in January 2013. My employer (Real Estate Agency) is thinking to sponsor me a visa but has not applied for a sponsor licence.

According to Occupation codes of practice for Tier 2 - valid from 14 June 2012: Section L - Real estate activities:
Until 13 June 2012, applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF level 4 (or the equivalent in Scotland) if they are:
 applying from abroad; or
 applying to switch into Tier 2 (General) from a different immigration route.

From 14 June 2012 applicants under Tier 2 (General) or Tier 2 (Intra company transfer) must have an offer of a job at or above NQF 6 if they are:
 applying from abroad; or
 applying to switch into Tier 2 (General) from a different immigration route.
In order for me to be granted a visa, my occupation will need to be above NQF 6. The issue is my job title is "Letting Agent" when I signed the employment agreement, which is NQF 3 although I have been acting as a manager most of the time (NQF 4?). I believe my employer will gladly change my job title if required. However, even changing the title, it will still be NQF 4.

So does this means that I have no chance at all to be granted a Tier 2 General visa since my job is less than NQF 6 (although I have been working for my employer for more than 12 months with my PSW visa? Or because I was offered the job before 13 June 2012, the job will only need to be NQF 4?

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Fri May 11, 2012 12:34 pm

As I am currently employed since April 2012 on my PSW Visa, I believe that my employer will then be able to apply for an unrestricted certificate of sponsorship.
Migrants you wish to recruit who are already in the UK under another immigration category and who are allowed to switch into Tier 2 (General).
These certificates are called unrestricted certificates of sponsorship.
Source: Annual allocation of certificates of sponsorship

But I am still worried about the eligibility - SOC.

Can anyone with experience please share your opinion?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: PSW to Tier 2 General Visa

Post by geriatrix » Fri May 11, 2012 12:55 pm

weikianng wrote:Or because I was offered the job before 13 June 2012, the job will only need to be NQF 4?
Does the policy guidance state so? No (clause 63 of the policy guidance).

If you apply for leave before 14-June, then NQF 4 is the minimum requirement.
If you apply for leave on/after 14-June, then NQF 6 is the minimum requirement.

... irrespective of when you were offered the job or since when you have been in the job.
Life isn't fair, but you can be!

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Re: PSW to Tier 2 General Visa

Post by weikianng » Sat May 12, 2012 12:37 pm

sushdmehta wrote:
weikianng wrote:Or because I was offered the job before 13 June 2012, the job will only need to be NQF 4?
Does the policy guidance state so? No (clause 63 of the policy guidance).

If you apply for leave before 14-June, then NQF 4 is the minimum requirement.
If you apply for leave on/after 14-June, then NQF 6 is the minimum requirement.

... irrespective of when you were offered the job or since when you have been in the job.
I see. Too bad then, will have to leave such a nice country. Sigh.

weikianng
Newbie
Posts: 38
Joined: Tue Sep 20, 2011 11:29 pm
Location: Newcastle upon Tyne

Post by weikianng » Sun May 13, 2012 1:00 am

As I am working in a letting agency, will it be possible for me to invest £50,000 into the company or even opening my own letting agency? Or I will not be able to be granted an extension after that due to the fact that the company is a property management company?

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

Post by manci » Sun May 13, 2012 10:57 am

have a look at the Tier 1 Entrepreneur category
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

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