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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Expert! I came to the UK in Sep 2008 as a Student,

Resolved Question:

Dear Expert!

I came to the UK in Sep 2008 as a Student, and I am holding PSW visa (that expires in Jan 2012). I am working for a consulting firm in the UK since April 2010. Could you please advise me on the options I have to extend my stay in the UK after Jan 2012, considering the Tier 1 general Visa category has been closed now?

Are you aware of any transitional arrangements for visa extension for those presently on PSW visa?

I believe Tier 2 general could be an option for me however I have also learnt that there is also a cap on the no. certificates of sponsorship that a company could provide. Is this true? My company has not yet disclosed their approach to this situation. What exactly should I request my company for, in this regard? Could you please advise of the best possible options I have as I might lose a great job due to my visa expiry?

Thanks
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi

How long does your employment contract with your present employer last?

Tom
Customer: replied 5 years ago.
Hello Expert!

My empliyment contract is of permanent nature and would contunue unless I lose my right to work in the UK. Although my company (Accenture UK) used to provide certificates of sponsorship to people in in state, earlier, they arent clear on their strategy after the cgange of rules.

My contract with Accenture started on 5th may 2010. And I was hired as a permanent employee.

Thanks
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your reply.

 

I'm afriad that you're right in that they have limited the persons who can now apply in country to swtich to Tier 1 to the extent so that PSW persons are no longer permitted to swtich in to Tier 1.

 

This means that if you wish to extend your stay here then you will have to do so by securing a certificate of sponsorship from your employer. They are still allowed to sponsor you but the difference is that instead of being allocated a number of persons which they are permitted to sponsor they now have to apply directly to the UKBA for sponsorship in respect of each individual they wish to sponsor.

 

Here is the details on how sponsorship as an employer works:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/

 

You need to speak with your employer about arranging for them to sponsor you so that you can apply for a Tier 2 (General) Skilled worker visa before you current visa expires. Unless you marry a person with UK citizenship or ILR this is the only way you can stay in the UK and work

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 5 years ago.
Hi

Is there a limit on no of people that companies can apply for the spinsorship certificate for? If so what is it? What is the criterion to get my company to agree to apply for my sponsorship on my behalf?

Thanks
Expert:  Thomas replied 5 years ago.

Hi

 

Thanks I will provide details shortly.


Can you please also provide me with the job role you are doing and will be doing, this needs to be on the job in shotage occupation list.

 

Kind regards,


Tom

Customer: replied 5 years ago.
Job role is senior programmer (IT). Salary 31000 gbp anually.
Expert:  Thomas replied 5 years ago.

Okay.

 

The is a general limit of 22 700 new applications (including both in country and out of country), the amount of people that each company can apply for is to be referenced against the amount they sponsored for the previous year.

 

So if your company sponsored 10 people last year then they will probably be permitted to sponsor a further ten this year. However, this is a rough estimate and it is discretionary and the UKBA will judge each case on it's merits


That jobs not on the jobs in shortage occupation list. This means that your company will have to apply the Resident Labour Market Test showing that there are no suitable settled workers or nationals of the EEA that are available to do the job.

 

All the details on how your company can apply to become your sponsor are contained here:-

http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/

 

It may be that if you company is not willing to devote the resources to reading through the above and making the applicaiton that you will have to offer to do this, probably in your free time.

 

You will also have to make sure you are eligible under the points based system for a Tier 2. You must have a degree:-

 

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/switching/#header2

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 5 years ago.
One last thing! Latest by when should I ask my company to start the application process considering my Visa expires in Feb 2012. And what is the points criterion for people looking to switch from Tier 1 PSW toTier 2 General visa? Do you have any news of any interim transitionary arrangements for people who got PSW after a certain date?

Thanks for your help once again
Expert:  Thomas replied 5 years ago.

Hi,

 

You application should take around 4-6 weeks to be determined by the UKBA and you will have to have a certificate of sponsorship before you apply. I would think that by your company applying 4 months in advance would be sufficient. There can be no harm in your talking about it now though, if they say they can't then you can look for another sponsor.


The points are contained in the last link to the my most recent post. They are too detailed to go through in a reply to this thread.

 

Please click accept now.

 

Regards,


Tom

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