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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can help me about my Visa pls I am on poststudy Visa which

Customer Question

Can help me about my Visa pls?
I am on poststudy Visa which will run out in November 2, 2011. I have been in the country for 5years 8 months now. I have my college and University education here in the UK. My highest qualification is BEng in Electronics Engineering.Currently, I am working as Electronic Engineer at a telecommunication company, and my annual salary is 15700 pounds.

Just now, I am about to start voluntary work as a STEM ambassador for secondary schools. Volunteering as a STEM Ambassador is your chance to promote your skills to young learners, actively encourage them to enjoy STEM subjects, and inform them about the unique career opportunities that are available to them.
Also, I married with kid here in the UK. I also have a sick mother in my country which depend on me.

In nutshell, to renew my visa is an issue just now. I will be glad if you suggest what i can do to get the visa renewed?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

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

  • 1. When did you first obtain your PSW visa
  • 2. Have you extended you first PSW visa

Kind regards.

Tom

Customer: replied 2 years ago.
Thanks for your response.
I obtained my first post study visa on 2nd nov,2009 and have not extend it because psw is not extendable.

However,for further information, I got my first student visa on 17 Nov, 2005. I got into the Country Dec 10, 2005. I had been renewing till i got psw visa

Thanks
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

The position of the UKBA is that you are permitted to switch in to the other available Tier 1 categories but these no longer include Tier 1 General since the recent tightening of the rules. This means that you can switch to either Investor/Entrepreneur (but must have access to significant funds) or to exceptional talent (http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/exceptional-talent/ - for which there are very limited places available).

Most PSW migrants are therefore now applying to switch to Tier 2 Sponsored Skilled Workers Category.

you will have to see if there is a job that you could do in the UK on the shortage occupation list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf
You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/
If your job is not on that list then your employer/sponsor will have to confirm that they have carried out a the Resident Labour Market Test. This test is effectively to show that there are no resident/eea national in the locality that can perform your role.
Parents of Tier 2 migrants are not classed as “dependents” for the purpose of Tier 2 applications so you would either be looking at extending whatever visa status she is on, or herself making an application for ILR (if applicable).

If you are married to a UK national, person with ILR or EEA member state national please let me know and I may revised my advice.

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/



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I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.
not satisfy with quention answered.
Customer: replied 2 years ago.
not satisfy with quention answered.My mother is not here in the UK and she not ready to come to the UK. I am only looking forward to renew my visa on humanitarian ground. So that i can continue to help her finacialy. Also. I am a Mentor to secondary school puupil. Working volutarily as STEM ambassador. I think all this will HElp?
Expert:  Thomas replied 2 years ago.
Hi

If you are to continue in your paid employement then you need to see if they would be willing to sponsor you as a Tier 2 Sponsored Skilled Worker. At the same time you need to see if your job qualifies under the Jobs IN Shortage Occupation list (above) or if it cannot be filled by the existing resident labour force (above again). If you are eligible having calculated your points then you can apply to switch to this category from your PSW Visa.

If you cannot switch to Tier 2 then the only option if you are not in a relationship with a UK citizen, person with ILR or EEA member state national AND you can't switch to being a dependent of whatever visa status they are on would be to make a discretionary application outside of the immigration rules based on your charitable work for STEM. For this to be successful you would probably have to do it full time though.

Generally, only people holding ILR or UK citizenship can apply to have their parents come here. Even then it must be shown that the parent is wholly/mainly financially dependent upon the child in the UK and there must also not be anyone in their own country that can care for them. As you are not settled (ie. you are not free of immigration time restrictions) then she would not be able to make an application to come here.

What nationality is your spouses?

What nationality are your children?

Please click accept. ,I will continue to answer your questions.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
My spouses is a Nigerian and my child was born here in the UK. The child need some medical attention.

If i may ask, on what ground can i ILR in my case.
thanks for your time


Best Regards,

Tunde
Expert:  Thomas replied 2 years ago.
Tunde,

When was the child born?

What is the immigration status of your spouse?

Tom
Customer: replied 2 years ago.
The child was born on 25 Nov, 2010, and my spouse has a dependant visa

Tunde
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
Hi Tom,

I will be glad if you could help investigate the possibility of the tier2, because my mother is seriously sick and if i can't afford to take good care of her now, she might die soon.
what i am trying to say is that if i go back to my country now, i might find it difficult to take of her and my child condition.
Expert:  Thomas replied 2 years ago.
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