Switching PSW to T2 General

Hi,
My wife is on Post Study Work (PSW) and she has enough points to switch in to Tier 2 general. Current PSW visa will be expiring in November 2010.
Since she gained all points to switch her visa her employer has tried to apply for her certificate of sponsorship. But they have been told by the UK Border agencies that she has to wait until September 2010 as it should be done only within the last 3 months prior to the visa expiry.

But according to UK Border agency website under Post Study Work it says that “PSW visa holders should switch to another tier of the points based system as soon as they Can. You can see this via following link.

http://www.ukba.homeoffice.gov.uk/worki ... poststudy/

Website really contradicts with what the employer has been informed when they try to apply for the certificate of sponsorship. Therefore her visa switching process is on hold now for no reason for another 3 months and it cannot be done until last moment of visa expiry.
Can someone kindly advice me on this matter.

How sure are you that the employer is telling the truth about what UKBA has suggested? It is quite possible the the employer may not be interested in sponsoring your spouse on Tier 2 at the moment being fully aware that she can continue to do the same work for them on Tier 1 (PSW) itself.


regards

sushdmehta wrote:How sure are you that the employer is telling the truth about what UKBA has suggested? It is quite possible the the employer may not be interested in sponsoring your spouse on Tier 2 at the moment being fully aware that she can continue to do the same work for them on Tier 1 (PSW) itself.


regards

Hi sushdmehta,
Employer is saying the truh becuase they have shown my wife an email received from HO.

i think you and your wife should compose a nice email citing the link and exact para which shows that on psw visa you can switch to tier 2 as soon as possible as psw is just a transition visa.

Convince your employer of the said fact and ask employer to send this email that you composed via employer's account.

I think you will receive an apology/sorry from HO soon afterwards.

regards