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madona587
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Post by madona587 » Mon Jul 02, 2012 1:28 pm

nipper88 wrote:Ok so from what I understand:
  • - GF is in Tier 4 now, so she can apply for ANY job at a company that is on the UKBA register, in ANY field.

    Yes she can given the company is willing to hire her. It has to be a graduate level job with correct NVQ level. Check the Tier2 Guide I think its NVQ6.

    - Because she's in Tier 4, she will be exempt from ALL RLMT's registered companies would otherwise have to do.

    Yes.

    - The job she applies for must meet the minimum wage for the sector it is in (eg, psychology: £17000ish).

    Yes in accordance with the SOC

    - She can apply directly to them or via searching the internet or job centre.
Whatever is easier cause it really doesn't matter how you find the job. The bottom line is the company must be willing to give your g.f a job offer and provide her with a COS. It's not always easy to get a job as soon as you graduate. But if she tries hard she can. Nothing is impossible.

Mate you have to read the guidelines again cause everything is mentioned in the guidelines.


Is all the above correct?
Mate sorry I was away from the country for few days !

Before you ask about NVQ level here you go lol

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Mon Jul 02, 2012 9:06 pm

Thanks a lot for your help!
  • - I assume when you said SOC in your last sentence you meant COS?

    - My GF will have a masters degree by September, so that is NVQ level 6.

    - Does she have to wait till September after she has got her masters to apply to jobs, or can she start submitting CV's NOW, and say 'will have masters by Sept'? Or is that not really worth it or recommended?
Edit: So for example on the register of companies that offer Tier 2 sponsorship, I have found a private college near us. But would all the companies on this list be NVQ6+ or not? Would I need to contact this college and ask 'Do you have any vacancies for a masters (NVQ6+) graduate that will pay at least 17k'??

madona587
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Post by madona587 » Tue Jul 03, 2012 10:14 am

nipper88 wrote:Thanks a lot for your help!

I assume when you said SOC in your last sentence you meant COS?

SOC = Code of practise | COS = Certificate of sponsorship. Don't mix things up :)

Code of practise is the document which states the job titles/ job NVQ level/ Job description / Job code / Salary level

Certificate of sponsorship is the virtual certificate issued by an employer to sponsor your g.f (This is a number) This number has information about its validity period (Job start/end date) Job title, Job code, Salary, Working hours etc.

You have to first check the code of practise for your g.fs job title, job level, salary requirement etc and you can get an idea what sort of job she has to get in order to qualify for the TIER2 General sponsorship.

Now if she finds a company which is willing to hire her for a particular job they will have to refer to code of practise and make sure they match the job code to the closest of her particular job. e.g: If Psychologist job title is ABC123 then they have to match this and willing to pay her the salary according to code of practise.

If the company is not registered with UKBA they can. It will cost them some money, take about 2 months (Subject to change, Usually longer than 2 months) and they have to make an online application, followed by sending documentation to prove that the company is genuine. They will be subjected to post/pre audits by UKBA officers. (It's a whole process with having a good HR system, employee record keeping etc)

When getting a sponsorship license the company can be given a A rating or B rating. If they receive an A rating then only they will be able to provide a COS and sponsorship.

So your g.f must be pretty damn good at convincing the potential company that she is worth for them to go through this process. So that's why I advised you to look for a company which is already registered with UKBA and familiar with the formalities. For them its just a matter of providing her a COS. (The virtual number) if ur g.f is lucky they might even have a spare unassigned COS :) Then its like a 10 min job for them to assign it to her.


- My GF will have a masters degree by September, so that is NVQ level 6.

Yes that's correct. The most important thing here is to make sure apart from NVQ level is the Job title matches with her job description and the company is willing to pay her according to code of practise. I can't advise you on the codes as I do not know what your g.f does exactly. You should seek professional help.


- Does she have to wait till September after she has got her masters to apply to jobs, or can she start submitting CV's NOW, and say 'will have masters by Sept'? Or is that not really worth it or recommended?

Yes that should qualify her. Also with this masters she will fill the English requirements.

Go here: http://www.ukba.homeoffice.gov.uk/pointscalculator

Put her Masters qualification here and it will tell you whether her masters will cover her English requirement or not.

Remember she has to complete the studies to be eligible to apply for Tier2. But I advise she starts looking for a job from now. in UK finding a job can be very hard. So I advise she chase things up. As soon as she completes and graduates she can apply (Given she finds a job) and before her TIER4 expires.


Edit: So for example on the register of companies that offer Tier 2 sponsorship, I have found a private college near us. But would all the companies on this list be NVQ6+ or not? Would I need to contact this college and ask 'Do you have any vacancies for a masters (NVQ6+) graduate that will pay at least 17k'??

I don't know whats the best approach here. I advise you try and find a company which has a license. Look for a vacancy which is suitable for your g.f and then discuss the need for Tier2 sponsorship. This is why the PSW was so good cause it gave people like your g.f 2 years of unlimited access to gaining experience and prove the companies that you are worth sponsoring. (Until it was abused of course)

I'm sorry mate but you are on a treacherous path. Good luck.
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Wed Jul 04, 2012 2:12 pm

Mate thanks a million.

I have had an idea. We are gonna go together to a career advice meeting at my GFs uni where we'll ask for some advice and realistic prospects of her being able to find a sponsor before her Tier 4 visa expires so she can get a Tier 2. That will make things clearer.

However, if she cannot find one in time, what about this:

RE-APPLY for a Tier 4 visa? At a language school for example. Her English is GOOD but not perfect, and she would like to eventually take an English PHD, so could she apply for a new Tier 4 visa and then study English at a language school?

madona587
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Post by madona587 » Wed Jul 04, 2012 5:34 pm

nipper88 wrote:Mate thanks a million.

I have had an idea. We are gonna go together to a career advice meeting at my GFs uni where we'll ask for some advice and realistic prospects of her being able to find a sponsor before her Tier 4 visa expires so she can get a Tier 2. That will make things clearer.

However, if she cannot find one in time, what about this:

RE-APPLY for a Tier 4 visa? At a language school for example. Her English is GOOD but not perfect, and she would like to eventually take an English PHD, so could she apply for a new Tier 4 visa and then study English at a language school?
As long as the new studies will gain her a higher qualification than her present one (You must show academic progress) she will be able to extend her Tier4. I can't comment on the specifics of her studies/route. This depends on your circumstances.

I think we went slightly off topic; Answer this question mate..
Greenie wrote:Hmm.

When does her current visa finish and when does the PhD start.
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Wed Jul 04, 2012 6:57 pm

madona587 wrote:
nipper88 wrote:Mate thanks a million.

I have had an idea. We are gonna go together to a career advice meeting at my GFs uni where we'll ask for some advice and realistic prospects of her being able to find a sponsor before her Tier 4 visa expires so she can get a Tier 2. That will make things clearer.

However, if she cannot find one in time, what about this:

RE-APPLY for a Tier 4 visa? At a language school for example. Her English is GOOD but not perfect, and she would like to eventually take an English PHD, so could she apply for a new Tier 4 visa and then study English at a language school?
As long as the new studies will gain her a higher qualification than her present one (You must show academic progress) she will be able to extend her Tier4. I can't comment on the specifics of her studies/route. This depends on your circumstances.

I think we went slightly off topic; Answer this question mate..
Greenie wrote:Hmm.

When does her current visa finish and when does the PhD start.
Her current visa expires on 1st Feb 2013. She has no PHD due to start.

About the English language course ,I have found the following from the Tier 4 Migrant Guidance document:
  • If a Tier 4 (General) student has a CAS and previously had permission to stay as a Student or a Tier 4 (General) Student then a Tier 4 Sponsor can give them a CAS for a new course, only if that new course represents academic progress from the previous study.
But then it says:
  • An example of academic progress would be where a student will be studying for a new qualification at a higher academic level – for instance moving from a course at NQF 6 to one at NQF 7, or study at the same academic level that complements or enhances previous study at the same level.
So since my gf's masters degree would give her a NQF level 7, my question would be, is there such a thing as a NQF 7 or above English language course that she could enrol on?

madona587
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Post by madona587 » Thu Jul 05, 2012 2:06 pm

I have very limited knowledge with TIER4. Hopefully Greenie can help you out with this one :)
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Sun Jul 15, 2012 8:23 pm

UKBA website says:
  • Existing employees and switching immigration categories

    You do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under:

    Tier 1 (Post-study work);
    the International Graduates Scheme;
    the Fresh Talent Working in Scotland Scheme; or
    the Science and Engineering Graduates Scheme.
Doesn't say Tier 4...???

nipper88
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Post by nipper88 » Sat Aug 04, 2012 2:55 pm

Now here is something I don't get. For Tier 2 visas, why there are loads of vacancies advertised by companies who are Tier 2 sponsors but only offer 15 hours per week for example which is well under the 20k per year required to even apply for Tier 2?

Does 20k pro rata actually count as 20k per year despite it not being that much in reality?

nipper88
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Post by nipper88 » Sat Aug 04, 2012 5:51 pm

WHY ARE COMPANIES THAT OFFER POSITIONS GIVING LESS THAN 20K PER YEAR ON THE TIER 2 REGISTER OF SPONSORS WHEN A REQUIREMENT OF TIER 2 IS TO HAVE AN ANNUAL SALARY OF 20K OR MORE?

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Post by Greenie » Mon Aug 06, 2012 12:18 am

Because employers on the tier 2 register do not exclusively employ tier 2 migrants.

nipper88
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Post by nipper88 » Mon Aug 06, 2012 11:15 am

Greenie wrote:Because employers on the tier 2 register do not exclusively employ tier 2 migrants.
Ah, yes, that makes sense. Thanks!

madona587
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Post by madona587 » Thu Aug 09, 2012 2:25 pm

Any luck with the jobs mate?
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Tue Aug 21, 2012 10:28 pm

madona587 wrote:Any luck with the jobs mate?
Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.

newperson
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Post by newperson » Wed Aug 22, 2012 4:07 am

Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.
I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/

nipper88
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Post by nipper88 » Wed Aug 22, 2012 7:22 pm

newperson wrote:
Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.
I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/
Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).

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Post by madona587 » Thu Aug 23, 2012 9:55 am

nipper88 wrote:
newperson wrote:
Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.
I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/
Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).
I understand the situation you been put in as marriage is a big commitment so you may want to have a good think :roll: I know lot of cases where girls got married here to get their "status" then dumping the guy. Not trying to scaremonger you or question your girl friends intentions. Just something to think about as it happens often.

Make sure to keep all your proof of you living together. (Add her name to your council tax, Gas & elec bills etc) Keep photos of your holiday so on. You are going to need them.

I agree with you on the illegals get away with everything. It makes me sick that if I lose my skilled job I will have 2 months to find another one or leave the county but UK govt is paying tax payers money to protect the rights of a terrorist. (Giving away benefits and round the clock police protection) its ridiculous.

End of rant/
In three words I can sum up everything I've learned about life: it goes on :)

nipper88
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Post by nipper88 » Thu Aug 23, 2012 7:56 pm

madona587 wrote:
nipper88 wrote:
newperson wrote:
Thanks for asking. She has applied for three research assistant positions at universities, one of which was EXACTLY in her field. 2 have been rejected with no reason given. I suspect it could simply be due to her needing a tier 2 visa? Her CV is excellent and fitted the rolls perfectly.

She's disheartened but will try more and also branch out to any other job categories. Such an annoyance, we suffer so much when she'd be an asset to the economy whereas illegal layabouts get away with everything.
I used to work within an academic department of a large London-based university. On five occasions within the last three years we advertised vacancies for entry-level research assistant positions.

For each of the five positions, we received between 100-200 responses, many of them extremely qualified. Often over-qualified, actually.

One of the methods we used to winnow down candidates to a short list was by rejecting any candidate who wasn't a UK citizen, an EU/EEA citizen or a permanent resident/ILR holder. Doing so was absolutely legal. Why go through the hassle of hiring someone with limited leave when there are so many other qualified UK/EU applicants? That's just the reality of the situation.

Even worse, I have to say...psychology has a lot more available talent than positions available. It's oversubscribed and a hirers' market. Guess what I'm trying to say is to perhaps reconsider the marriage route, mate. Keep trying and branch out into related industries outside academia. But jot down the number of the registry office just in case. :-/
Hmm thanks for the sobering facts there. We will do as you say, continue trying since we have enough time left and keep the marriage possibility open too. At least I have found out recently that we can get married even just a few months before her current visas expiry! (Used to be no more than 6 months or a certificate of approval was required).
I understand the situation you been put in as marriage is a big commitment so you may want to have a good think :roll: I know lot of cases where girls got married here to get their "status" then dumping the guy. Not trying to scaremonger you or question your girl friends intentions. Just something to think about as it happens often.

Make sure to keep all your proof of you living together. (Add her name to your council tax, Gas & elec bills etc) Keep photos of your holiday so on. You are going to need them.

I agree with you on the illegals get away with everything. It makes me sick that if I lose my skilled job I will have 2 months to find another one or leave the county but UK govt is paying tax payers money to protect the rights of a terrorist. (Giving away benefits and round the clock police protection) its ridiculous.

End of rant/
But one can get married in an official capacity yet keep everything separate, right? She does not also legally have to take my name, correct?

You're well entitled to a rant!

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Post by MPH80 » Thu Aug 23, 2012 8:31 pm

Yes - but the only caveat being that you do have to intend to live together in order to use FLR(M) to apply for an extension as a spouse.

If, at the renewal point (2.5 years), you aren't living together, they might not judge it as a subsisting relationship.

M

nipper88
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Post by nipper88 » Sun Aug 26, 2012 10:23 pm

MPH80 wrote:Yes - but the only caveat being that you do have to intend to live together in order to use FLR(M) to apply for an extension as a spouse.

If, at the renewal point (2.5 years), you aren't living together, they might not judge it as a subsisting relationship.

M
FLRM? We do intend to live together, so that's ok!

nipper88
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Post by nipper88 » Tue Nov 06, 2012 2:47 pm

Ok so a bit of an update. We cannot apply for spouse visas because we do not meet the annoying financial requirement. So she is still looking for tier2 jobs. She has been recommended insurance companies or other big companies that need human resources staff and will apply to Tescos today for a position there. Just to confirm - because she is in tier 4 and has finished her studies, she now has a 'work permit' or in essense can work full time, AND companies who hire her also do not need to do a Foreign labout market test, right? Also, her master degree equals NQF6 right?

nipper88
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Post by nipper88 » Wed Nov 07, 2012 7:43 pm

Great news! In a way... Nestle have replied and said they accept international student applications and that they look forward to hearing from her, but they did say this: nestle is only able to consider offering sponsorship to applicants that meet UKBAs requirements under tier 2 (general) of the points based system in relation to graduate level posts if there are not enough suitable candidates who are British nationals, EEA nationals or candidates who have permanent residence in the UK.

So they need to do a RLMT test? But i was under the impression that people applying to switch from tier4 to tier2 are exempt from this. Can someone please confirm ASAP???

So happy to have found a company that will accept applications and is near us, but am concerned it wont work out if they need to do an RLMT..

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Post by anniecc » Thu Nov 08, 2012 1:41 pm

I don't think they're saying that they need to do an RLMT. It sounds like they have an internal policy to prioritise EEA applicants. This is probably because there's quite a lot of paperwork and compliance involved in sponsoring someone, so they don't want to do it if there are suitable candidates that don't require sponsorship.

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Post by Gyfrinachgar » Thu Nov 08, 2012 2:07 pm

anniecc wrote:It sounds like they have an internal policy to prioritise EEA applicants. This is probably because there's quite a lot of paperwork and compliance involved in sponsoring someone, so they don't want to do it if there are suitable candidates that don't require sponsorship.
It is not an internal policy, but a general trend based on tightening regulations. More and more job advertisements read this or a very similarly worded text: "The UK Government have taken steps to reduce net migration to the UK by limiting the number of overseas workers. Please note that whilst we are able to consider applications from workers from outside the EEA, we can only employ them if we can provide evidence that there are no other suitable candidates for this vacancy from inside the EEA." This appears to be based on legislation preventing employers from freely selecting international candidates. It reminds me of Australian law a few years ago. I am not aware what UK law the basis for this one might be. Anyone have more information on this?

nipper88
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Post by nipper88 » Fri Nov 09, 2012 1:51 pm

Hmm i see, so whilst they are not obliged to do an RLMT, they tend to prioritise EU and UK candidates anyway.

Nestle also have a clause that says the applicant needs to have permission to be in the UK when training commences in September 2013, but by then my partner won't have - she would be relying on their sponsoring her for tier2 for that. But they ALSO have said there may be a possibility for training to commence much sooner, potentially when my partner is still in the UK on her tier 4 visa. But does training for a post qualify to get sponsorship for tier2 or does she need to have actually commenced her role for Nestle to be able to sponsor her?

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