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Code of Practice and Switching from Tier 1 (Post Study)

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

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kasango
Newly Registered
Posts: 3
Joined: Sun Sep 13, 2009 10:36 am

Code of Practice and Switching from Tier 1 (Post Study)

Post by kasango » Sun Sep 13, 2009 10:53 am

Hi,

I am going to be applying for Tier 2 (General) and I just wanted to have some clarification as to when the code of practice is used. Here is my situation.

- Working as a Support Manager with a hosting company.
- Been working for my employer for 1 year and 9 months.
- Been earning £27,000 from July 2008 to January 2009 and then £30,000 from January to now.
- I am currently under Tier 1 (Post Study Work).

As far as I understand, the code of practice is used when conducting a resident labour market test. Is this right? If this is the case then according to the guidance notes http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf I do not need to meet the minimum salary requirements for my job title under the code of practice.

"110. If an applicant has not been working
for his/her sponsor for at least six months
prior to the application, the sponsor will have
to undertake a resident labour market test.
The applicant will not be able to claim points
for switching from a post study category, but
can claim points because his/her sponsor has
completed a resident labour market test."


Is this correct?

kasango
Newly Registered
Posts: 3
Joined: Sun Sep 13, 2009 10:36 am

Re: Code of Practice and Switching from Tier 1 (Post Study)

Post by kasango » Mon Sep 14, 2009 7:36 am

kasango wrote:Hi,

I am going to be applying for Tier 2 (General) and I just wanted to have some clarification as to when the code of practice is used. Here is my situation.

- Working as a Support Manager with a hosting company.
- Been working for my employer for 1 year and 9 months.
- Been earning £27,000 from July 2008 to January 2009 and then £30,000 from January to now.
- I am currently under Tier 1 (Post Study Work).

As far as I understand, the code of practice is used when conducting a resident labour market test. Is this right? If this is the case then according to the guidance notes http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf I do not need to meet the minimum salary requirements for my job title under the code of practice.

"110. If an applicant has not been working
for his/her sponsor for at least six months
prior to the application, the sponsor will have
to undertake a resident labour market test.
The applicant will not be able to claim points
for switching from a post study category, but
can claim points because his/her sponsor has
completed a resident labour market test."


Is this correct?

I have found an answer to this that I need to be earning at least £39,000 to qualify according to the code of practice. What I now want to know is what do they mean by prospective earnings? If my employer was to increase my salary to £39,000 and write a new contract for me now doing the same job, will it be accepted?

ibmfreak
Newly Registered
Posts: 14
Joined: Sun Jun 07, 2009 8:33 pm
India

Post by ibmfreak » Tue Oct 20, 2009 6:36 pm

I am trying to find the same answer. What do you mean by prospective earnings. I presently earn 20103 and the appointment letter states that it can go upto 24868. Anybody with a answer welcome.

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