Immigration options for existing Tier 1 (PSW) migrant

Hello,

I just wanted some advice about my current situation. I entered the UK in 2004 on the student visa.

Here is my brief history:

2004-2007 = student visa (undergraduate degree)

2007-2008 = student visa (postgraduate degree)

2009-2011 = post-study work visa (studying professional qualification part-time and working part-time)

Now my PSW visa expires in August 2011 which makes it 7 years of me being in the UK. During my time here, I have never left the UK for more than 90 days.

Can someone advise me how I can stay for another 3 years here in the UK so I can apply for Indefinite Leave Remain? Based on spending 10 years here in the UK.

So what are my options? Bear in mind, I have never been able to get a professional job yet in my chosen field.

Another post-graduate degree? But that will mean one years study, tuition fee and visa obviously only for a year. So I'll have to do something about the other two years. Maybe I could apply for a Ph.D?

Applying to switch to Tier 2? But I read that I think you need to be employed 6 months prior to the application, so that won't be possible.

Can anyone guide me please. Will visiting a consultant or solicitor be any good at this point? Will they be able to clarify an appropriate path?

Thanks

You do not have to work for an employer for six months to switch to Tier 2, the six months previous employment just exempts the employer from the usual resident labour market test.

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

Switching from a post-study category

You can be assigned a certificate of sponsorship and score 30 points if you are switching from:
Tier 1 (Post-study work)
Fresh Talent: Working in Scotland Scheme
International Graduate Scheme (or its predecessor, the Science and Engineering Graduate Scheme)

You must have worked for your current sponsor for a continuous period of at least 6 months immediately before the date of your application. You must be applying to continue to work in the same job that you are doing in the UK on your application date.

If you do not meet these requirements, you will need to claim points for sponsorship in another way (such as through a resident labour market test).

I assume employers are vary of going through this resident labour market test?

Besides, considering that I have not been able to get a proper job in all these years, it's unlikely that I can secure one in the next four months.

No other option?

bananafish wrote:I assume employers are vary of going through this resident labour market test?

Besides, considering that I have not been able to get a proper job in all these years, it's unlikely that I can secure one in the next four months.

No other option?

The success of RLM test really depends on the job you are after. If it is a soughtafter job, then it will be hard. The employer needs to advertise the job for 4 weeks....unless your job is on the shortage list.

If that fails, I guess the only other option is to go back to studying. You need to show progress so you should do a PhD.

Yes. I think a PhD seems to be the most logical progression for me in terms of academics. However, I hope I'm not too late.

I also wanted to find out that say I manage to pull off a 10 year stay here in the UK, is it guaranteed that I'll be able to get ILR? Or are they very stringent about everything?

The only reason which concerns me slightly is that during the time I have been on the PSW, I haven't paid council tax. Technically, it's supposed to be included in my rent but I personally haven't dealt with this and there is nothing in my name. I also have never worked full-time but chose to pursue this professional qualification.

So is there a chance that after sticking around for another 3 years, when I do apply for ILR, they refuse it on this basis?

mate,If you are looking for a 10 year route then it's worth looking for a work permit within EU.If you have a masters/skills then you could be eligible for a PR in few EU straightaway.Google EU BLUE CARD.

Blackwater1 wrote:mate,If you are looking for a 10 year route then it's worth looking for a work permit within EU.If you have a masters/skills then you could be eligible for a PR in few EU straightaway.Google EU BLUE CARD.

except the UK have opted out of the relevent directive

Can someone clarify whether the two years spent on the PSW count towards the 10 years settlement?

yes all lawful leave counts towards 10 years residence.