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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi there,i am currently here on a spouses visa, and due to

Resolved Question:

hi there,i am currently here on a spouses visa, and due to unforseen circumstances and un reconsilable differences myself and husband have now seperated. My question is would i be eligable to apply for a working permit (visa) as i am still within the 2 year probationary period stipulated as a term of my spouses visa. Since my arrival in the uk last April i have always remained employed, and pay national insurance contributions and tax on income earned. I have not ever applied to public funding or ever claimed for any type of uk benefits. I appreciate that this is a very complex matter, but from a personal point of view, i have built a good life here after coming here from South Africa having married my husband, as you may imagine having left a whole other life, employment, family and home to be here with whom i thought would be my partner for life.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Are you employed and is that employer willing to sponsor you as a sponsored skilled worker?

Kind regards.

Tom

Customer: replied 5 years ago.
Yes I am employed and I would have to enquire as to whether my employer would sponser me but I believe this is quite possible and my employer knows my situation and is keen to help in any way. Thanks
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Do you have a child with your husband
2. Is your job on the following list - http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf
I’ve got to pop in to a meeting now for half an hour or so and will be able to respond upon return.
Kind regards.
Tom
Customer: replied 5 years ago.
Thanks for reply - no I I do have children with my husband (though I have daughter who is Uk citizen living in Scotland - former marriage) My job is working as an accounts officer for local firm of accountants. Hope this helps -Also, please can you also let me know what it entails to have my employer 'sponser me'? Many thanks
Expert:  Thomas replied 5 years ago.

Hi

 

I'm on my phone tonight.


Do you mind if I respond tomorrow morning?

 

Kind regards.


Tom

Expert:  Thomas replied 5 years ago.
Hi,

How old is the daughter you have that is living in Scotland please?

Kind regards,

Tom
Customer: replied 5 years ago.
she is twenty three
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

Okay, you would not be able to secure your leave to remain here on the basis of your daughter because she is no longer a minor.

This means that you would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. I cannot see that your job is on the shortage occupation list. This means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role, though this might be difficult if there are other accounts officers who could do the role.

If they are willing to sponsor then you will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3

You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

If you cannot apply under the Tier scheme, or switch to the Investor/Entreprenuer or student categories then I’m afraid that I cannot see how you can obtain further leave to remain here.
.
Good luck

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Kind regards,


Tom
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