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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi I would like to switch from tier 1 post study work visa

Resolved Question:

Hi
I would like to switch from tier 1 post study work visa which will expire in December to tier 2 general work permit visa.
My A-rated employer which I am with since September has provided me with sponsorship letter which also covers my maintenance funds.

My question is that does this cover includes my family also & if not, can I supply payslips as evidence of maintenance funds.

Kind Regards
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
The employer should issue a Certificate of Sponsorship (CoS). On this CoS they should ideally select the option to confirm that they certify your Maintenance requirement.

If the employer also wants to certify your dependants Maintenance requirement (assuming they are already in the UK with you as your dependants and will apply as your dependants at the same time as you apply for your Tier 2 General visa) then the employer can add a sponsor note to the CoS to state the dependants names, dates of birth and nationality and confirm that they also certify the Maintenance requirement for your dependants. The sponsor note can be added after the CoS has been assigned. The employer can also provide a letter confirming that they certify Maintenance but my preference is for this to be on the system by adding the Sponsor Note. This can be done by the sponsor viewing the CoS in the 'Manage Live Certificates' part of the SMS.

If the employer does not do the above or your dependants are applying on their own then you must meet the Maintenance requirement for them or they must meet the requirement themselves.

Payslips are not suitable evidence of Maintenance - you need bank statements covering a minimum 3-month period and the balance must not fall below the required level at any time.
Customer: replied 11 months ago.

Hi


If the sponsor refused to certify their maintenance & their application refused on grounds of insufficient maintenance, will my application be also refused if we applied on the same time, & can they reapply again from inside the UK or should they leave the UK & apply from outside.


 


Kind regards

Expert:  Howard replied 11 months ago.
Your application should be approved if you qualify regardless of whether or not your dependants qualify.

Once a refusal is received they have 28 days to either leave the UK or submit a new application. If they cannot qualify in that time then they can leave and apply from outside the UK. If you apply for them by post then you could send evidence of Maintenance once the requirement is met if this happens before a decision is received and ask the Home Office to consider the new evidence. The current slow processing times could be to your advantage in this situation.

Ideally the employer would simply certify the Maintenance requirement.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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