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@Manci,NEED UR ADVICE (switch from Tier1 entr to tier2)

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

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sri2013
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Posts: 6
Joined: Mon Nov 18, 2013 3:18 pm

@Manci,NEED UR ADVICE (switch from Tier1 entr to tier2)

Post by sri2013 » Wed Dec 11, 2013 12:06 pm

Hi Manci,

I am a regular follower of the forum on Tier1 enterprenuer category. I have applied for my Tier1 enterprenuer (switching from PSW) in jan 2013 and Got refusal in June, went for Hearing in OCT and got it refused as well. Right now, I am in process of applying to Upper tribunal(damn sure about getting rejection here as well).

Mean time, I have found job offer with a Tier2 sponsor, who is willing to sponsor me. My question is :

1. He was saying since u were overstaying as my PSW have completed in JAN2013, so we require to take RLMT to sponsor u. I was in dilemma that, since my previous stay is PSW. should I still need RLMT to start the application???

2. My age is 28, (My job code 2136) salaries paid are for entry level are 20.3k and experience is 28.4k. My employer was placing the advt for 26k and he was insisting this should be enough.(My job is also 26k). Is it OK to make an application with 26k as advertised or I can ask my employer for an hike(experienced person-28.4k). He reportedly can accept my request if its needed(he is much impressed with my relevant job experience).


Can you please clarify these doubts for me pls. It would be very helpful at this moment for me.

Thanks
Sri.

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

Post by manci » Thu Dec 12, 2013 5:58 pm

If, when and how you can make a T2G application in-country depends on your current immigration status, the timelines of your appeals and what was said in the refusal decision of your first tier tribunal appeal,.

1.
Refer your prospective sponsor to the T2 sponsor guidance:

290. You do not have to conduct a resident labour market test if a migrant you want to sponsor is applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or
to stay in the UK under:
a) Tier 1 (Post-study work); or
b) Tier 1 (Graduate Entrepreneur); or
c) the International Graduates Scheme; or
d) the Fresh Talent Working in Scotland Scheme; or
e) the Science and Engineering Graduates Scheme;


2
For SOC code 2136 the min salary for a 39 hour week is £24k for new entrants and £29.8 k for experienced workers.
If you score points from the post-study work provisions of Appendix A then the new entrant rate will apply to you

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