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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I would like to ask you about Tier2 General Visa. I

Resolved Question:

Hello, I would like to ask you about Tier2 General Visa.

I have graduated from a British university with master degree in Architecture. I recently got a job offer from a filming company which has sponsorship. The reason why I got this job is because I speak a language the company was looking for, and I have experienced translation between this language and English.

My concern is that my application for Tier2 General Visa might be rejected because I am from irrelevant field compared to the filming industry.

Could you please share your insight?

Best regards,

Meg
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

Could you please confirm what your job title would be if you obtained employment?

Kind regards
Customer: replied 1 year ago.

Thank you for the prompt response.


 


The job title would be production assistant. Mainly its job roles are receiving phone calls and writing emails, managing budget etc.


 


Regards,


 


Meg

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

There is nothing preventing you from obtaining employment a production assistant even of you have no prior experience. The only concern the home office has is that your title or job role is at or above nqf level 4. If your employers are willing to obtain a cos from the home office then there is nothing preventing you from applying for a tier 2 visa.

You can find of your job role meets the required soc code by clicking on the link below.

http://www.google.co.uk/url?sa=t&source=web& cd=1&ved=0CCkQFjAA&url=http%3A%2F%2Fwww.ukba.homeoffice.gov.uk%2Fsitecontent%2Fdocuments%2Femployersandsponsors%2Fpointsbasedsystem%2Fcop-skilled-workers.pdf&ei=gnl6Ur6lNYqXhQep8IGAAQ&usg=AFQjCNHxpNK5dRJE8GxNobp2cx24ZfL-hg&sig2=S3L8x-SifMeFAgxflyVGfA

I hope this answers your question, if so kindly rate my answer positively.

Kind regards
Customer: replied 1 year ago.

Thank you for the answer.


 


I would like to make sure few points.


 


Since this filming company has already sponsored immigrants with the same job title at the same level, I presume my job should meet NQF level 4.


 


However, is there any potential risk in regards XXXXX XXXXX academic qualification and the job title? Would you say that it will be fine because I am a graduate with master degree from a British University? (I checked other website stating that graduates are exempt from resident labour market test)


 


http://www.ukcisa.org.uk/International-Students/The-next-stage/Working-after-your-studies/Employment-Tier-2/Resident-Labour-Market-Test-and-exemptions/


 


With an exemption of resident labour market test, do you think UKBA is not going to be concerned with my academic experience and the job description?


 


I just wanted to ask you why you thought it will be fine.


 


 


regards,


 


 


Meg

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Yes in your case if you are in the UK and your on a tier4 visa then your employer does not need to undertake a resident labour market .

2. The reason I do not think the home office will have an issue with your qualifications is because the employer would need to state why they believe you are able to undertake employment. . The home office have given employers the power to assign certificate of sponsorship, therefore if the employer believes you have the credentials to take the job then the home office usually issue the visa.

Therefore what I suggest your employer does is write a supporting letter stating why they believe you are able to undertake employment even though you may not have the specific qualifications required.

I hope this clarifies the matter.

Kind regards
Customer: replied 1 year ago.

Thank you for the detailed answer.


 


It is very clear and making sense.


 


Very last question I have is, if I would like to change employer with sponsor license in the future, could I be exempted from resident labour market test, after working in this filming company? (In this case it is going to be a switch from Tier2 General to Tier2 General. )


 


regards,


 


Meg


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply .

The home office state the following:

If the migrant is continuing to work for the same sponsor but their new job is within the same Standard Occupational Classification (SOC) code as the job they have been doing, they do not need to make a new application for permission to stay and work in the UK, unless they are changing from a job that is on the list of shortage occupations to one that is not.

If the migrant is continuing to work for the same sponsor and is starting a new job which is in a different SOC code to the job they have been doing, they must make a new application for permission to stay and work in the UK. The sponsor must carry out a resident labour market test (where appropriate) for the new job, and that test must show that no suitable settled workers are available to fill the post.

Therefore in your case if your job is a different soc code and you are switching employer then yes a resident labour market test would need to be undertaken before switching employers.

I hope this clarifies the matter. I apologize for the delay in replying.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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