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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6466
Experience:  BA (Hons), PgDip, Practising Solicitor
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To whom it may concern, I am currently living in the UK

Customer Question

To whom it may concern,

I am currently living in the UK under Tier one post study-work visa. Prior to April 6 2012, any person converting their visa to a Tier 2 general visa must have been in the same position with the same employer for the previous 6 months prior to their visa applications. However, after April 6 2012, I checked the change in the form on the UKba home office website and this clause is now removed from the application form.

Does this mean, I can apply for a visa sooner if my sponsor agreed on the certificate. And does this mean that I can also get that 30 points toward the Tier 2 Visa without waiting for 6 months.

I would also like some advice on how to write up a certificate of sponsorship.

Thank you very much for your time
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

When did you start with your employer?

When do you propose to make your application?

When does your leave expire?

Tom
Customer: replied 2 years ago.
I ll be starting around Beginning of May but my current leave expire in November.

I know that it is very closed to be exactly 6 months. This is why I want to confirm if this particular clause is removed from the tier 2 application package because it is too fine a margin for my comfort. As such, I rather apply sooner because all my other points (degree, language, salary, funds) will be ready to go.

Thank you
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your prompt reply.

You will see from the attached policy guidance relevant to your (ie. the one after June 2012, as you will make your application in November I assume) at Page 4 that there is clauses relating to having been employed by the employer for a period of 6 months prior to application is no longer present:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance21.pdf

However, you will not on the following link on the penultimate paragraph that it appears that the criteria is still on their website:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/cos/

Similarly, the Appendix A of of the immmigration rules at 78C(c)(i) that the criteria is still listed:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixa/

Thus, I consider that the criteria is still in force. This means that if you start in May and apply in November then it's going to be close. I would ask your employer to bring your start date forward so that you meet the 6 month criteria, explain to them why you are doing this. If they can't do that (or perhaps can't pay you [perhaps suggest that you work for free from the earliest date to meet the 6 months.

If they don't permit you to work earlier then you've obviously got to leave the application until the last possible moment before submission and then argue that they should exercise their discretion on the basis that you are so close to the 6 months period and will presumably pass it whilst they are considering it.

Information on Sponsorship here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/cos/

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom


Thomas, Solicitor
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.
Dear XXXXX,

Thank you very much for your answer. What if my employee is taking me on a training scheme for this job one month prior to the actual job which means that. It is not exactly the same role but the same function and same company, would this be acceptable for including it in a 6 months period?
Expert:  Thomas replied 2 years ago.
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