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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Indian working at Bangalore in Engineering domain as

Resolved Question:

I am an Indian working at Bangalore in Engineering domain as manager for a reputed global company.

I was working though HSMP in 2008-2009 in UK through my Indian company. Now I want to get moved to UK permanently . So can you help me how can proceed now? I can able to see many job openings in UK/Ireland for my qualification, but all these jobs require "PREMISSION TO WORK AT UK ". SO I am choosing this option to move there and look for a good job. I have 10years experience in Electrical Automation and SCADA control system, and I am interested to work in the same field. So looking at my present position, I am quite eligible to be placed by any organisation at UK. So Please revert me on the basic terms and conditions that I need to follow for this immigiration . IS there is any medical clearnace that I have to undergo during immigiration ? So It would be great full if you assist me in detail.

I heard that HSMP is closed now, and it is very difficult for someone to look job openings in UK. Kindly update me whether I can proceed further ,as I am not very much aware of the present embassy reguations.

Looking for your kind reply.
Thanks in advance.
Sam
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:-
1. Are you in a relationship with anyone? If so, please state their nationality and what they would do if they came to the uk with you
Kind regards.
Tom
Customer: replied 2 years ago.
Hi Tom,

Presently I am not aware of anyone in UK.

I am trying to get a job position suitable to my qualification & Experience in SCADA /Electrical jobs.

I was working in 2008-09 under HSMP in UK. I am very much aware of UK and work expectations.

So in this case , i require your guidence to apply for Work visa/to find a suitable sponsored job with visa from an employer in UK.

Hope it is clear to you.

Regards,
Sam
Expert:  Thomas replied 2 years ago.

Hi Sam
Thanks for your reply.

I suspect that there is not a great deal that I can tell you that you do not already know. The immigration rules have tightened considerably since you were last in the UK.
HSMP is closed. Tier 1 general is closed. Other Tier 1 categories require significant funds for investment in UK business £200, 000.00.
Generally Tier 2 visas are most desirable for people of normal means. However there is a category of Exceptional Talent under Tier 1:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/exceptional-talent/can-you-apply/requirements-initial/
This is for world leaders in their categoryies and you will note there is spaces for persons in Engineering, available from the Royal Academy of Engineering. You may seek to investigate this option.
Other than that the best advice I can give you is to keep persisting with attempting to find an employer who is willing to offer you a job and to sponsor you for Tier 2 purposes as a sponsored skilled worker
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 this list then 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/

The problem is also that you must now be earning over £36, 000.00 over the period that you are on your tier 2 visa in order to qualify to apply for indefinite leave to remain at the end of the period.
Unless you are in a relationship with a UK national, visa national holding indefinite leave to remain or an EEA nationali then the above is your only option.
I am sorry I could have better news for you.

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
Customer: replied 2 years ago.
Dear XXXXX,

I am very much aware of all these point based system, I used to review UK border agency website very oftern. Unfortunately ,I got to know that HSMP and Tier 1 general is stopped, I was seriously looking for any other options to find my job. I wanted to know the website which can provide jobs relatd to my qualitifications other than boder agency.

Most of information is published in the UK border website. I want any other additional way to get my qualification to work in UK other than sponsored.

I am not very much satisfied with your reply, as I was searching already for a sponsor, but I am not able to find genuine one !.

I am sorry for this, your time. If you have anyother way of consulting the right position for my job, I am ready to go for your consultation fee..but it is not very much encourging other than general terms of UK immigiration rules

Thanks...
Expert:  Thomas replied 2 years ago.
Hi Sam,

Thanks for your reply.

I'm afraid that the immigration rules do not leave any room for creativity. We, as lawyers, have access to exactly the same information regarding the UKBA's immigration rules and policy as any member of the public. There are no "magic bullets" that lawyers know which members of the public don't.

I'm sorry that you find yourself in this difficult position and sorry also that you may feel that you are effecively to pay to receive an answer that you consider negative but I regret that I can't always give the answers that customers want and unfortunately this is the case here. It does not change the fact that I have spent time drafting the answer I have provided above and I would think most would consider that this should be rewarded by clicking accept.

If you marry a UK national, EEA national or visa national holding indefinite leave to remain in the UK then you can apply on the basis of your relationship (with an EEA national would be, by far, the easiest option).

I am sorry that I could not have better news for you Sam, but I trust this has clarifies and would be grateful if you would kindly click accept.

Kind regards


Tom
Customer: replied 2 years ago.
Hi TOM,

I do understand your time and your effort to answer my request. But please tell me do you know any webportal other than "UKBA.com". which can help me to apply for sponsored jobs sothat I feel that I am in right tract.

I have spent more to time see the jobs but at the last of every job advertistment, "They wont sponsor for UK work permit". This is really discouraging. Kindly help me the best and most trusted webportal that can list engineering jobs as sponsred sothat atleast I can apply for the job.

I am feeling that it is waste of time to spend and apply for job without valid workpermit and sponsor....

Could you help me..??


Regads
Sam
Expert:  Thomas replied 2 years ago.
Dear XXXXX,

There really isn't a search for the role you are looking for, there isn't for any type of tier 2 job.

The closest that may help is the register of sponsors itself:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors

It's obviously requires quite a bit of legwork but you could work your way through the engineering sponsors on the list checking for any available roles and by placing your CB with their HR department for consideration of any future job opportunaties.

Apart from that you can only attempt to be creative with the roles that state that they do not sponsor for Tier 2 purposes. This is usually because of the cost and adminstrative burden in applying to become a sponsor. Therefore it may help if when applying for these jobs and when you are successful stating that you shall pay the costs of an immigration solicitor based in the UK to prepare the sponsor application for them and to pay the costs of registering. This will ease the burden on them and if they really want you I find it difficult to believe that they would decline after you make this offer.

Trust this clarifies, please click accept.

Kind regards

Tom



Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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