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Job offer-£21,000 PA but Employer not Licensed Tier2 sponsor

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Haebid79
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Job offer-£21,000 PA but Employer not Licensed Tier2 sponsor

Post by Haebid79 » Sun Apr 20, 2014 6:59 pm

Please I have very scant knowledge in this area of immigration route and hence any form of advise would be greatly appreciated....

My situation is as follows:

My current employer offers positions which pay over £21,000 on a full time basis but I can not apply because I'm on Tier 4 visa. The company does not do Tier 2 sponsor. I'm currently doing 20 hrs paid pro rota. I hold a BA and MSc from UK trusted University. I'm currently on Tier 4 Visa doing a post-graduate 1 year course and I have required funds available for Maintenance purposes.

I have already spoken to my manager and he is agreeable to offer me a full time position, so long I switch to Tier 2. I can not start on full time basis until that time I switch. My question is how do I get a COS to apply for Tier 2 based on the job offer since my employer is not a licensed sponsor?

Any advise would be appreciated.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Wanderer » Sun Apr 20, 2014 7:31 pm

Your prospective sponsor has to apply for a sponsors licence and process the Tier 2 visa.

And no you cannot work full time until the COS comes through, if ever...

Realistically, it's a non-starter, have you considered local labour tests, they get first dibs unless you are super-qualified and super-niche, which after coming straight from Uni, I would doubt...
An chéad stad eile Stáisiún Uí Chonghaile....

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by manci » Sun Apr 20, 2014 7:38 pm

Only companies that have a Tier 2 General sponsor licence can sponsor you. If the company you work for at present is not prepared to apply for a licence try to look for another job with a licenced sponsor.

As a Tier 4 student switching to Tier 2 General you will be exempt from the resident labour market test.

Haebid79
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Posts: 5
Joined: Sun Apr 20, 2014 6:37 pm

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Haebid79 » Sun Apr 20, 2014 8:30 pm

#Wanderer & Manchi, Thanks people for the Valuable advise.

I'm currently doing an MBA whose Visa will see me to February 2015. I will qualify for 10 years long stay in December 2015. I'm trying to avoid extending based on MPhil or PhD to bridge up the 10 months gap between Feb and Dec because of the fees-just too expensive, can not afford to part away with the amount being demanded to do these courses. Furthermore, to be honest, I'm also simply exhausted with this study business!

Apart from Tier 2 and Tier 4, which other route would be the safest? Can I apply based on 10 years when I still have 10 months to go, I mean applying at the end of Feb 2015 when the Tier 4 expires-what would be the consequences of such an act?

Please any more further advise will be greatly appreciated.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Wanderer » Sun Apr 20, 2014 8:56 pm

Haebid79 wrote:#Wanderer & Manchi, Thanks people for the Valuable advise.

I'm currently doing an MBA whose Visa will see me to February 2015. I will qualify for 10 years long stay in December 2015. I'm trying to avoid extending based on MPhil or PhD to bridge up the 10 months gap between Feb and Dec because of the fees-just too expensive, can not afford to part away with the amount being demanded to do these courses. Furthermore, to be honest, I'm also simply exhausted with this study business!

Apart from Tier 2 and Tier 4, which other route would be the safest? Can I apply based on 10 years when I still have 10 months to go, I mean applying at the end of Feb 2015 when the Tier 4 expires-what would be the consequences of such an act?

Please any more further advise will be greatly appreciated.
No, 10 months is too far short, some people seem to be able to string out to ten years by making in-time applications for pointless visas and appealing and appealing just to get there under Section 3c but for me I find that morally reprehensible, suppose it's up to your conscience...
An chéad stad eile Stáisiún Uí Chonghaile....

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by manci » Sun Apr 20, 2014 9:15 pm

you cannot apply more than 28 days before the end of the 10 year qualifying period for long residence, see p 15:
https://www.gov.uk/government/uploads/s ... e-life.pdf

Haebid79
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Posts: 5
Joined: Sun Apr 20, 2014 6:37 pm

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Haebid79 » Sun Apr 20, 2014 9:55 pm

Thanks guys-greatly appreciated.

So please what would be your advise considering my position-which is the safest route I should adhere to, to avoid refusal casualty once my current one expires? I have two kids clocking 7 years stay in January 2015, any chances of success applying based on kids 7 yrs concession, considering we are living as a family, I mean my wife and I are not separated -we live under one roof as a family.

Please, please your contributions are very very essential kindly advise....

Many thanks.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Wanderer » Mon Apr 21, 2014 1:32 am

Haebid79 wrote:Thanks guys-greatly appreciated.

So please what would be your advise considering my position-which is the safest route I should adhere to, to avoid refusal casualty once my current one expires? I have two kids clocking 7 years stay in January 2015, any chances of success applying based on kids 7 yrs concession, considering we are living as a family, I mean my wife and I are not separated -we live under one roof as a family.

Please, please your contributions are very very essential kindly advise....

Many thanks.
For seven year thing think someone has to be British/settled, not sure....
An chéad stad eile Stáisiún Uí Chonghaile....

Amber
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Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Amber » Mon Apr 21, 2014 7:08 am

Neither.
3.2.7 Consideration of Section EX: Exception wrote:EX.1. – (a) (i) the applicant has a genuine & subsisting relationship with a child who: (aa) is under the age of 18 years or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British c
itizen or has lived continuously in the UK for at least the 7 years immediately preceding the date of application; and
(ii) it would not be reasonable to expect the child to leave the UK;
**this forum is not intended to be a substitute for professional advice**
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Haebid79
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Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Haebid79 » Mon Apr 21, 2014 11:09 am

#Amber-thanks alot.

However could you please advise further?

The question is, if we are living as a couple, together with the kids in question, can we all apply for extension based on the 7 years child concession or is it just meant for single parents?

Any advise from anyone with some ideas on this issue would be greatly appreciated. So far, I have been to two solicitors over this matter but they have all been saying they can argue it out in the courts of law in case of a refusal. Based on what I have read so far on this issue, I have not been very convinced with them.........

Thanks

Amber
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Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Amber » Mon Apr 21, 2014 11:53 am

It can be for couples, it's not just meant for 'single parents'. I suggest you seek legal advice for further questions.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Haebid79
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Joined: Sun Apr 20, 2014 6:37 pm

Re: Job offer-£21,000 PA but Employer not Licensed Tier2 spo

Post by Haebid79 » Mon Apr 21, 2014 1:32 pm

#Amber
Noted, thanks a lot, greatly appreciated for taking your time to give a feedback over this matter.

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