Immigrationboards.com

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

I have been living in the UK since 2000 where I went to Newcastle university I went onto a foundation training programme in 2005 and have been working since then in the northern hospitals and my employment with them is meant to terminate in 2015. I am currently a speciality trainee in respiratory medicine.

I have been previously on a highly skilled migrant programme and a tier 1 visa, which expired earlier this year. Since October 2011, I have been out of England on a year out of my training programme and the time to go back is approaching.

I have been told the tier 1 system is closed and that my job does not qualify for a tier 2 visa.

What can I do?

It seems I can't go back?

I have job, house, girlfriend etc

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

When does your Tier 1 leave expire?

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

Already expired

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

So, yes, you can't some back under Tier 1 (general). If you are interested in returning to the UK to live, rather than visit, you will have to look at other immigration categories that suit your circumstances. Having a house or property in the UK does not afford you residence rights.

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1910 Location: London

Why doesn't your job qualify for Tier2?

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

Nt othe job shortage list

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1910 Location: London

It doesn't need to be on the shortage list.

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

You give me hope.

Is that right? I have contacted my employer and they told me to co tact the embassy which I have done and waiting for a reply.

I have a house, a car, a long term girlfriend everything

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

Assuming you are not getting more than 150K in annual salary, the job would need to be subjected to the RLMT.

I can't even begin to guess why your employer would ask you to contact the British embassy (to ask what?). That is a complete waste of time but perhaps is useful in revealing their lack of understanding of immigration matters with regard to sponsoring migrant workers.

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

I think it has been and it doesnt qualify, therein the problem.

I don't get it though, I got the job before all these rules and still have it but can't apply for the correct visa for it. They say I should have come back to uk before tier 1 expired to renew it and then leave again but I didn't know that.

Surely they can help though?

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

To tell me what visa I can apply for

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

They don't offer and advice and suggests on what immigration category might be suitable.

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1910 Location: London

Tier 2 general with a restricted certificate of sponsorship if your job in not on the shortage occupation list.

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/june2012-cop/section-q.pdf?view=Binary

aujayeb · Newbie Joined: 17 Jul 2012 Posts: 9

Thanks
I will ask