Switching from UK Tier 1 (PSW) to Tier 2 (General)

Hi All

We have an employee whose Tier 1 (PSW) visa expires in the next couple of weeks. He has joined the company 3 months back. We have very few allocations for Tier 2 (Gen) sponsorship visas. The employee meets the minimum salary requirement but the job is not in shortage occupation list. I know that we do not have to go through the resident labour market test, but the employee's skill is not a niche skill and is available in the UK market.

Can we as an employer take a business decision and not sponsor the Tier 2 (Gen) visa for the employee? Or do we have to sponsor the employee because he meets the minimum requirements?

Thanks

You don't have to sponsor anybody if you don't want to - just because they meet the criteria it doesn't mean you have to do it.

The number of in country COS is not restricted so you can apply for additional COS without any real problem using SMS
If you do not wish to employ the individual you do not have to issue a COS. However if he is doing a good job why would you not keep him on?