Code of practice

[david1955]

Hi Everyone, I hope anyone can help me with this. I am on PSW and have been working in a company for 2 years. I will be applying for my TIER 2 visa soonly once my employer licence gets issued. My only question is does
CODE OF PRACTICE applies to those people who are swiching from post study work visa and have been working in the company for more than 6 months, as they automatically claim points without proving the resident labour market test?

[ash786]

Hi Everyone, I hope anyone can help me with this. I am on PSW and have been working in a company for 2 years. I will be applying for my TIER 2 visa soonly once my employer licence gets issued. My only question is does
CODE OF PRACTICE applies to those people who are swiching from post study work visa and have been working in the company for more than 6 months, as they automatically claim points without proving the resident labour market test?

Couple of things u need to check before u apply for Tier2.

1. U need to working for the same employer for the same job for the past six months.

2. U job (the one u r applying for under the tier 2) needs to get paid according to the code of practice list and if your job does not get paid according to the list then u application will be refused even if you score all the points including the future expected earnings and with a possession of COS.

So be very carefull about that.

[david1955]

Hi Everyone, I hope anyone can help me with this. I am on PSW and have been working in a company for 2 years. I will be applying for my TIER 2 visa soonly once my employer licence gets issued. My only question is does
CODE OF PRACTICE applies to those people who are swiching from post study work visa and have been working in the company for more than 6 months, as they automatically claim points without proving the resident labour market test?

Couple of things u need to check before u apply for Tier2.

1. U need to working for the same employer for the same job for the past six months.

2. U job (the one u r applying for under the tier 2) needs to get paid according to the code of practice list and if your job does not get paid according to the list then u application will be refused even if you score all the points including the future expected earnings and with a possession of COS.

So be very carefull about that.

Hi,
I just figured this out in the tier 2 guidelines :

107. For the applicant to claim points for a
resident labour market test the sponsor has
to follow the code of practice relevant to that
occupation, before assigning a certificate of
sponsorship.

But the code of practice is not said anywhere to be applicable for those people who wants to switch from tier 1 post study worker and have been working in the company for 6 months. Please clarify this?

[Arjun_123]

@ David

sounds interesting to me, coz i am in same postion now.

can you please post the ULR link of where you got this information from.and also keep us update if you find answer to our situation. Cheers.

[Arjun_123]

David, actually ash is correct. please see following. i found it in UKBA Sponsored Applications Guidance.

jobs where the resident labour market test does not apply. The test does not apply under Tier 2 when:

i) job is on shortage occupation list

ii) the migrant is switching from Tier 1 (post-study work), the International Graduates ii) Scheme, the Fresh Talent Working in Scotland Scheme or the Science and Engineering Graduates Scheme (see above) to continue doing the same job with the same employer under Tier 2 and where he/she has been in that job for at least six months directly prior to switching.

iii) the migrant has previously qualified as a doctor or dentist in the United Kingdom and has current leave as a post-graduate doctor or dentist; and

• is completing their Foundation Programme F2 year in 2009; and

• they will either be undertaking further speciality training for doctors or dentists, or be ○○employed as a doctor or dentist within the NHS and the job starts between 04 August 2009 and 31 December 2009.

iv) the migrant has current leave to be in the United Kingdom as a post-graduate doctor or iv) dentist in further speciality training and he/she needs to apply for further leave under Tier 2 (General) so that he/she can complete that training.

138 )In all of the above cases, all other resident labour market test requirements as set out in the particular code of practice must still be met

point 138 clears our doubt.please see page 28 in following link from UKBA for further reference.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Any other advice is welcome.

[david1955]

Hi Arjun,
Check this link

http://www.ind.homeoffice.gov.uk/siteco ... idance.pdf

page 22

read the section , claiming points for resident labour market test and as well as well the post study worker category.

Under resident labour market test, para 107, it clearly shows that its an requirement for resident labour market test category. But under post study worker visa, it doesnt shows a requirement

thats why i am confused......please let me know if u get any updates

[Arjun_123]

David, i would love it if it is as you said. but to my knowledge, Code Of Practice is must for everybody. as you can see from my previous reply, it is very clearly mentioned by UKBA in paragraph 138 page 29.

and more over thr are allready people (like Jas22 and Gevenia) in this forum who were in either PSW/Fresh Talent Scheme and applied for tier 2 without following Code Of Practice and got their applications refused.

See Topic 'Tier 2 Appeal - No points offered for Sponsorship cetificate' on this forum.

keep us update if u find a solution. good luck

[ash786]

Hi Arjun,
Check this link

http://www.ind.homeoffice.gov.uk/siteco ... idance.pdf

page 22

read the section , claiming points for resident labour market test and as well as well the post study worker category.

Under resident labour market test, para 107, it clearly shows that its an requirement for resident labour market test category. But under post study worker visa, it doesnt shows a requirement

thats why i am confused......please let me know if u get any updates

Code of Practice applies to PSW.