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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7407
Experience:  BA (Hons), PgDip, Practising Solicitor
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To whom it may concern, I am currently living in the UK

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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

When did you start with your employer?

When do you propose to make your application?

When does your leave expire?

Customer: replied 4 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

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:-

However, you will not on the following link on the penultimate paragraph that it appears that the criteria is still on their website:-

Similarly, the Appendix A of of the immmigration rules at 78C(c)(i) that the criteria is still listed:-

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:-

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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,


Thomas, Solicitor
Satisfied Customers: 7407
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 4 years ago.

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?

I think the UKBA would regard the date of your employment as stated in your employment contract as being the one which is relavant. If this is the date you start your training course then no problem.

If it is not at the moment then I would consider requesting that your employer list the training course start date as the date of employment in the contract but make the remainder of the contract subject to completion of the training course. This may get around it.

The early training course start date couple with the fact that you will presumably hit your 6 months period whilst the UKBA are considering your appeal probably forms a decent basis to appeal any rejection by the UKBA. The UKBA may regard the chances of any rejection being upheld on appeal as, while not being frivolous, uncertain. They have to mange the public funds they are given and therefore have a prudent regard to their chances on appeal and this may play in your favour.

Kind regards,


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