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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am on post study work visa ending july 2013. ive completed

Resolved Question:

i am on post study work visa ending july 2013. i've completed mba in 2011 and currently work as a team leader in retail store . what are my options. for tier 2 application will my job level would be a graduate ie atleast nvq6. will further going with professional courses like acca prove better for me.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Is your employer willing to sponsor your for the purpose of applying for a Tier 2 General Sponsored Skilled Workers visa?

Tom
Customer: replied 1 year ago.
They're happy to sponsor but I don't know if it qualifies as graduate job level role according to ukba code of practice
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It’s a bit tricky to say whether the job qualifies as an NQF6 job.

Please refer to the following Codes of Practice:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/june2012-cop/soc-code-summary-table.pdf?view=Binary

I would say that as a team leader in a retail store you would be a manager. Looking at the codes of practice I would say that a retain manager does not really fit neatly in to any of the NQF manager roles listed. This means that the UKBA would probably fight you on this point an seek to reject, so if you were to apply on the basis of this then you would have to be prepared to go to appeal.

For what it’s worth, I don’t think that professional courses like ACCA are likely to have much bearing on whether the UKBA interpret the job as qualifying. The emphasis is on the job role you actually perform and not what other courses you have passed unfortunately.

I would not be confident in making an application on this basis, I have to say.

I am sorry that I could not have better news for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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 1 year ago.
I understand, but I can opt to go for tier 4 professional course such as acca or related management course or thrive to look for a graduate level job meeting all tier 2 criteria. Will that be a good move
Expert:  Thomas replied 1 year ago.
Hi,

That what is my point. I do not think that undertaking who is courses will make a difference. This is because do u k d a put an emphasis on the actual job that you before rather than your associated qualifications. Is the job role doesn't change so that it becomes one of those mentioned in the codes of practise then I don't think it will qualify.

You are going to have to find another way around this.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.
Sure. As a solicitor, could u suggest me any advice that would be good for me before finishing my current visa status in uk
Expert:  Thomas replied 1 year ago.
Hi,

If you are not in a relationship with a UK natoinial, foreign national holding ILR, or EEA national so that you can apply on the basis of the relationship then your best bet is looking for another job.

If you are unable to find on then you should avoid becoming an overstayer because this is a general ground to refuse most visas, except those with a human rights element.

Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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