Contradiction: PSW to Tier 2

[lala2312]

Hi Everyone,

I am not sure if it's just me or if there is really a contradiction here. On the UK Border agency website under the Tier 2 guidance policy section 72 states:

72. Applications for Leave To Remain made on or after 6 April 2011
If you are already in the UK and have or last had entry clearance, leave to enter or leave to remain as a:

-Tier 2 (General) under the Rules in place before 6 April 2011,
-Qualifying Work Permit Holder,
-Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
-Member of the Operational Ground Staff of an Overseas-owned Airline, or
-Jewish Agency Employee

73. The job does not need to be at graduate level. However, the Certificate of Sponsorship must confirm that the job is at or above S/NVQ level 3 unless your last grant of leave was as a senior care worker or established entertainer. The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job. These requirements are set out in the codes of practice on our website at: http://www.ukba.homeoffice.gov.uk/busin ... fpractice/
(http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf) - link to the statement

[b]However under the policy guidance for Tier 2/5 for sponsors, section 192 states:[/b]

192. If you want to sponsor a migrant under Tier 2 (General) or Tier 2 (Intra-company Transfer)(ICT) who is already working in the UK either under Tier 2 (General), Tier 2 (Intra-company Transfer) (ICT) or a Work Permit, where that leave was granted under the rules in place before 6 April 2011, the job must be at or above S/NVQ level 3. There will only be 2 circumstances in which this applies. Either;
• the migrant was working for you under one of those categories on or before 5 April 2011 and they need to extend their leave to continue in that employment; or
• you have conducted a resident labour market test (where appropriate) and the successful candidate is a migrant who has been working for another employer/sponsor in the UK, with leave granted under one of those categories on or before 5 April 2011 and they are leaving that job to come and work for you.

Link to the statement - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

My point here is, I believe both policies means the same but I noticed that in Sec. 192 it includes the circumstances at which an employer can employ such employee but this is not included in Section 72 which I think is misleading.

Am I correct or am I misinterpreting the sections?

If someone makes an application based on section 72 ignoring the circumstances in section 192 as it does not reflect in sec 72 will their application be rejected.

Thanks.