PSW to Tier 2 general approved (time frames)

[timbob]

Hi guys, I got my ICFN delivered to me today.
I'm yet to receive my passport and documents though.

Below is my time frame
April 03, 2010 ----application posted
April 07, 2010 -----documents delivered to HO
April 14, 2010------acknowledgement letter received
April 16,2010--------biometrics invitation letter received
April 21, 2010------biometrics given at PEO
May 14, 2010 ------ICFN received with accompanying letter dated:12/05/2010


Passport and other documents yet to be received. Thanks guys for all your comments

[arsenal49]

hi timbob,

when switching fom psw to tier 2:

is it necessary to be working under same job title and salary figure in accordance with code of practice to claim 30 points(and wipe off the requirement of labour test)?

or job salary and title only should come into play for future job? im confused!!

e.g if i am working(as a psw holder) under job title "abc" and my salary level is "xyz". which is NOT in accordance with tier 2. BUT, after 6 months working in this capacity, i will have enough experience to change my title and salary in accordance with tier 2 requirements.

so i guess my question is: will i be awarded 30 points when transferring from psw to tier 2, even though on a psw visa, my job was not in accordance with code of practice, but it will be according to code of practice when my employer applies for CoS after 6 months.

any help will be appreciated

regards

[timbob]

Hello arsenal,

The answer to your question is: yes, you will be awarded. The example you have given matches my case exactly that is,

before I applied for Tier 2, my salary was not up to the recommended salary specified in the code of practice for my job title. However, when I wanted to apply to switch my psw to Tier 2 (general), my employer agreed to increase my salary to the recommended amount for my job title according to the code of practice. So even though the payslips I submitted showed my previous salary (i.e. for the six month period), my CoS showed my new salary.

So what HO wants to know is your prospective/future earnings. The reason they ask you to submit your payslips for previous six months is to confirm that indeed you have been working for that employer for six months. You must be applying to continue in the same job you were doing for your employer at the time of your application. However, as my case proves, your employer can decide to increase your salary at the time of your application so that you can meet the code of practice requirement.

My application was successful and I have been granted the permit.

I hope this answers your question.


Cheers!!

[arsenal49]

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So what HO wants to know is your prospective/future earnings. The reason they ask you to submit your payslips for previous six months is to confirm that indeed you have been working for that employer for six months. You must be applying to continue in the same job you were doing for your employer at the time of your application. However, as my case proves, your employer can decide to increase your salary at the time of your application so that you can meet the code of practice requirement.
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thanks a lot for your detailed reply. one thing confuses me(see above, bold sentence). lets say my job tite is , oh i duno, technician, i work for 6 months on psw as a "technician". then, changed it to,umm, "engineer" so that it satisfies job title and salary requirements.

umm, is that gonna be a problem?? have i "changed job" from HO perspective.

thanks

[timbob]

It's a tricky one cos the guidance just says you must have worked for your employer for six months and '..be applying to continue in the same job you are doing on the date of the application'. My interpretation of that is as follows: e.g. if you change your job title a few days before your application, then, you will be meeting the HO requirement quoted above.

Moreover the certificate of sponsorship doesn't ask for your previous job title or salary. It asks for your current/future job title, prospective salary (i.e. how much the company will be paying you) and whether a resident labor market test was completed/is requiured. So there's absolutely no reference to what you were doing before. The only thing that relates to the past is that you have worked for your employer for six months which you of course prove with the acceptable documents specified in the guidance notes. And with respect to salary, what they want to know is what you'll be earning not what you earned in the past.


In my own case, my new salary was specified in the CoS even though I was on a lower salary in the six month period before I applied.




I hope this answers your question.

[arsenal49]

that was a very useful reply timbob. cant thank you enough

thanks a lot for taking time to reply back

regards

[Arjun_123]

Hey Timbo,

congrats on successful application. how many years did you get your visa for? is it 3 or 2 years?