When can I start work?

[alex132]

Hi,

I am at the middle of my PhD Tier 4 student visa.
I got a job and I want to change to Tier 2 sponsor visa.

My question: Do I need to complete my PhD first only can apply switch to Tier 2 Sponsor visa?

In home office:
https://www.gov.uk/tier-2-general/switch-to-this-visa
Eligibility
You must already be in the UK under any of the following visas or schemes:

Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
Start-up visa
Innovator visa

[JohndoesUK]

The information you posted has already answered your question. It is very common for PhD students to switch to a Tier 2 visa before completion and many people, including myself, have done it.

[alex132]

so is fine to switch before completion PhD, if i decided to give up PhD, is fine too.

[JohndoesUK]

so is fine to switch before completion PhD, if i decided to give up PhD, is fine too.

Yes, it's fine even if you are not intending on completing the PhD at all. As long as you have completed at least 12 months of your PhD then you should be able to switch.

Note that you can also continue with your PhD, if you wish, at the same time as working on a full-time job. You can even switch to part-time study in order to lower your fees.

[alex132]

Thank you very much for your reply.

Where can i know how long it take to get Tier 2 visa from the date I make an application?

I am waiting for my company HR, my last email said: My interview with hiring manager was successfully.
Any advice, what is the next step? Are they preparing COS (certificate of sponsorship?)

I am really new to this visa type as I did not do so deep research and have friends around.

Thanks.

[JohndoesUK]

Thank you very much for your reply.

Where can i know how long it take to get Tier 2 visa from the date I make an application?

I am waiting for my company HR, my last email said: My interview with hiring manager was successfully.
Any advice, what is the next step? Are they preparing COS (certificate of sponsorship?)

I am really new to this visa type as I did not do so deep research and have friends around.

Thanks.

It's hard to know how long it will take for your HR department to give you your written offer and request a CoS for you. They may need to go through some internal process before requesting the offer. My employer was a university and it took approximately a month (from the date of receiving the verbal offer) for them to request a CoS.

Once they request the CoS, the CoS is granted pretty much immediately because it is unrestricted. After you get the CoS, you can then apply for a Tier 2. In normal times (before Covid-19), standard processing time for a Tier 2 visa was about 8 weeks from the date you submitted your biometrics although you can pay extra for faster service. You may want to read the Tier 2 guidance document, it will tell you pretty much everything you need to know about the tier 2 application process.

[alex132]

Thanks for your explanation. It is very helpful.

I have not get any confirmation on the salary from the company.
But I heard there must be a certain threshold salary to apply for Tier 2.

Q1: Is it correct that for the minimum salary is £20,800?

Ref: https://www.ukcisa.org.uk/blog/6657/Tie ... more-tears
1. The minimum salary is £20,800 for those switching from Tier 4, £30,000 for everyone else.
2. The employer does not need to run the Resident Labour Market Test (RLMT) before issuing your Certificate of Sponsorship (CoS). This is the test of whether there is a local worker who can do the job which is required for most Tier 2 applications from outside the UK, and for some applications from inside the UK, but not for someone switching from Tier 4. As it happens, a recent government news story calls the RLMT "outdated" and says it will be soon abolished completely.

Q2: Tier 4 to Tier 2, company does not need to run Resident Labour Market Test (RLMT)?

Q3: How can I know I am applying for "3 year or less" OR "More than 3 years"?
Will it be stated in CoS, but before that can I negotiate with HR or with Hiring Manager?

Thanks.

[JohndoesUK]

Thanks for your explanation. It is very helpful.

I have not get any confirmation on the salary from the company.
But I heard there must be a certain threshold salary to apply for Tier 2.

Q1: Is it correct that for the minimum salary is £20,800?

Ref: https://www.ukcisa.org.uk/blog/6657/Tie ... more-tears
1. The minimum salary is £20,800 for those switching from Tier 4, £30,000 for everyone else.
2. The employer does not need to run the Resident Labour Market Test (RLMT) before issuing your Certificate of Sponsorship (CoS). This is the test of whether there is a local worker who can do the job which is required for most Tier 2 applications from outside the UK, and for some applications from inside the UK, but not for someone switching from Tier 4. As it happens, a recent government news story calls the RLMT "outdated" and says it will be soon abolished completely.

Q2: Tier 4 to Tier 2, company does not need to run Resident Labour Market Test (RLMT)?

Q3: How can I know I am applying for "3 year or less" OR "More than 3 years"?
Will it be stated in CoS, but before that can I negotiate with HR or with Hiring Manager?

Thanks.

1. The minimum salary is the higher of i) £20800 or ii) the salary for new entrants specified for your occupation in appendix J of the immigration rules.

2. No RLMT is required

3. Your employer will most likely make that decision for you.

[CR001]

3. Note that you are not considered new entrant if your cos and visa application is for 5 years. You will need to be experienced and meet the £30k minimum or SOC experienced salary, whichever is higher and rlmt will be required.

[alex132]

Hi, thanks for your reply.
What is the meaning of min 30k?
RMTL is not required for Tier 4 to Tier 2.

[CR001]

Hi, thanks for your reply.
What is the meaning of min 30k?
RMTL is not required for Tier 4 to Tier 2.

If your cos is for 5 years, the relaxed rules for tier 4 students switching to tier 2 are not applicable.

If your cos is for 5 years, you are classed as an experienced worker and not a new entrant and must meet the salary requirement of £30,000 pa minimum or what is stated as the experienced rate in the SOC, which ever figure is higher.

[alex132]

Hi, thanks for your reply.
What is the meaning of min 30k?
RMTL is not required for Tier 4 to Tier 2.

If your cos is for 5 years, the relaxed rules for tier 4 students switching to tier 2 are not applicable.

If your cos is for 5 years, you are classed as an experienced worker and not a new entrant and must meet the salary requirement of £30,000 pa minimum or what is stated as the experienced rate in the SOC, which ever figure is higher.

Thanks for your reply.
Do you mean if cos is 5 years, then the relaxed rules ( Resident Labour Market Test (RLMT) ) is required?

[CR001]

Yes, unless it is a shortage occupation.

[alex132]

Thanks for your reply.

So if my CoS is 5 years (employee decide, and not me to decide 5 years or 3 years).
Then the salary must be above £30,000 p.a.

Is that correct?

[CR001]

Thanks for your reply.

So if my CoS is 5 years (employee decide, and not me to decide 5 years or 3 years).
Then the salary must be above £30,000 p.a.

Is that correct?

A minimum of £30,000 per annum OR what the experienced rate is in then SOC, whichever figure is HIGHER.

[alex132]

Sorry, my English is not my native. hard to understand.

So, if my CoS stated 5 years, and salary is 29,00p.a., am i qualify?

[CR001]

So, if my CoS stated 5 years, and salary is 29,00p.a., am i qualify?

No.

What is the SOC or job that you are applying under??

[alex132]

I have not get my SOC yet, but i am in negotiation process with HR about salary.
I want to know the min salary to apply for Tier 2. (so if I can apply other job, if this job, didn't get)

[CR001]

I have not get my SOC yet, but i am in negotiation process with HR about salary.
I want to know the min salary to apply for Tier 2. (so if I can apply other job, if this job, didn't get)

The salary depends on what the SOC is and the length of CoS the sponsor is going to assign. Different SOC's have different salary requirements, so no one can tell you what it should be until you have the SOC.

[alex132]

so i need negotiate with HR for the salary before the COS printed?

(Everyone want to save money here, so it will be great can help some tips on saving money)

[CR001]

If they are an approved sponsor and have sponsor migrants before, they should be well aware of what is required based on the SOC for whatever the job is you have applied for.

[alex132]

There are new company and in the progress of helping me to get Tier 2 sponsor. That is why they did not know a lot. I need to search and ask around and inform them.

[CR001]

There are new company and in the progress of helping me to get Tier 2 sponsor. That is why they did not know a lot. I need to search and ask around and inform them.

If they are a licensed sponsor, they can contact the business helpdesk for advice. They should also have the tier 2 sponsor policy guidance, which explains everything.

It is not your job to run around for them, they signed up to be a sponsor, they will have received all the information on what they can and cannot do.

[CR001]

Please do NOT start random new topics.

There are currently delays due to the pandemic. Visas are taking longer than usual.

[alex132]

When I can start work full time?
I am currently Tier 4 visa and switch to Tier 2 sponsor visa.

Can I start work after I submit Tier 2 application or have to wait until I get Tier 2 visa?