Skilled Visa - applicant from SA

Hello All,
It has been since I posted here something. I used to be on Tier 2 back in 2017 but since then a lot of rules have been changed.
I now am hiring someone as a skilled worker as Tier 2 does not exist in the same company who is from South Africa but a lot of rules have been changed

Please can someone guide me please

1. Person I need to hire has 20 years of Eaton Electrical experience. In short he is the GURU of Eaton manufacturing. But he doesn't have any degree qualification. Only skill set is 2- years of experience with Masters Wireman License, Electrician Diploma and some certified courses on Switch Gear and control gear.
I would like to hire him as Technical Support Engineer to work on Eaton Switchgear & low voltage products.
In my days I have used 2124 - Electronics engineering (RQF level 6) code but I had Bachelors degree. Can I still use this code if a person does not have degree. I am really confuse that what code can be selected if I need to get someone here for a technical support or be a product champion due to his skill set and 20 years of knowledge.
Was thinking 2129: Engineering professionals not elsewhere classified
As we can mentioned what skill set he has and what he will be doing but 2129 is for Level 6 or correct me it used be in old time RQF Level 3,4,5,6 and does not exist now

2. I think if CoS is issue ever. Employer has to pay skills Immigration charge which his £1000/year. Depending upon how many years of CoS is being issues. Please confirm

3. In old days, getting someone outside UK for the first time. We need to do a RLMT. Do we still need to conduct this for this new skilled worker visa route

4. I know 70 points are required.
We can issue CoS as we really need skill set- 20 points
Job at appropriate skill level .. tricky part not sure what code to offer this skilled worker … HELP
English language - 10 points
Salary wise we would be paying him a lot so he can secure 20 points straight from here.

Please advise

1
From your description the appropriate SOC code would be 3112 (electrical technician). Degree not required.
2
Immigration skills charge is payable by the sponsor: £1000 /year for large/medium and £364/year for small companies. Small companies are those which satisfy at least two of the three following conditions:

(a) The company must have a turnover of no more than £10.2 million.
(b) The company must have a balance sheet total of no more than £5.1 million.
(c) There must be no more than 50 employees.
4
RLMT no longer needed

Thankyou Manci for the help

Yes I have checked and considered. The code we will use will be 3112, offering a salary of £42k so easily we would be able to score 20 points. Knowing he has no degree. The only qualification he has is A level and ofcourse 20 years work experience and some certifications.

Please confirm:

**A level from South Africa, because 3112 is under RQF level 3 so minimum requirement is A level. Does he needs to get his A level qualification certified by UK NARIC ?

**As he will be travelling first time to UK so he would not have accommodation but I believe UK address is required for issuing a CoS and visa application form. Can we book a hotel in advance for 1 month and ofcourse in the mean time he would be able to sort his address, is it possible ?

**His residence permit will be available from a local post office even if he is staying first 1 month in hotel, possible ?

**Once he is in Uk then we would need to request his NI number from HMRC, until then he can be put on emergency tax code to pay his first month salary, correct ?

**Is remote working allowed on Skilled worker visa considering the global pandemic ?

**I have just checked SA is on UK red list. So he cannot enter UK unless SA is out of list as entry clearance visa is not classed as residence permit ?

Manci or any other Moderator
Please advise

nasmc92 wrote: ↑

Wed Apr 28, 2021 12:39 pm

A level from South Africa, because 3112 is under RQF level 3 so minimum requirement is A level. Does he needs to get his A level qualification certified by UK NARIC ?

No. He doesn't need to hold a formal qualification. It is the skill level of the job that matters. However. keep on file his A level certificate and record of his work experience

nasmc92 wrote: ↑

Wed Apr 28, 2021 12:39 pm

As he will be travelling first time to UK so he would not have accommodation but I believe UK address is required for issuing a CoS and visa application form.

For the CoS only his home address and contact details in SA are needed. I am not sure about the visa application but if they ask for a UK address a hotel would be fine. I expect you'll certify maintenance for him. Remember also the English language requirement and that he'll require a defined CoS

nasmc92 wrote: ↑

Wed Apr 28, 2021 12:39 pm

*His residence permit will be available from a local post office even if he is staying first 1 month in hotel, possible ?

only passport with the vignette sticker is required to collect the BRP

nasmc92 wrote: ↑

Wed Apr 28, 2021 12:39 pm

s remote working allowed on Skilled worker visa considering the global pandemic ?

yes, remote working is currently allowed

nasmc92 wrote: ↑

Wed Apr 28, 2021 12:39 pm

*I have just checked SA is on UK red list. So he cannot enter UK unless SA is out of list as entry clearance visa is not classed as residence permit ?

correct

manci wrote: ↑

Wed Apr 28, 2021 4:41 pm

Wed Apr 28, 2021 12:39 pm
*I have just checked SA is on UK red list. So he cannot enter UK unless SA is out of list as entry clearance visa is not classed as residence permit ?

correct

CORRECTION - please check the current rules on travel from red list countries. Although I found no clear guidance on what constitutes "residency rights" it may be that having a Skilled Worker entry clearance counts as such and if it does he could enter the UK subject to Covid testing and quarantine rules

Thankyou Manci for your help.
we have everything in place but for now we have put on HOLD. Once SA is out of restriction we will look further.

I do have an other probably you can share your thoughts as I cannot find any such guidance.

We do have a office in Ireland.
15 months ago we hired an engineer from South Africa on a Irish work permit. He is a registered Irish work permit holder. His salary drops in Irish bank, salary in euros and tax deduction as per Irish law.
He does have 5 years multi business visa which has allowed him to travel from Ireland to Northern Ireland but cannot stay more than 90 days in a single day. What he has been doing he is working in our company in Ireland but travel every day from Northern Ireland as accommodation is much more cheaper in NI. to make thing clean and neat I am thinking to appoint him a area sales manager for Northern Ireland for which we would need to offer him sponsorship from our UK office as a skilled worker so that he is permanent shift to UK and get salary from UK office and pay tax as according.

Questions
I cannot find a guidance where I can relate that an immigrant is in Ireland on Irish work visa. Can he apply UK skilled visa from Ireland or does he needs to return to SA and apply from his Domicile country ?

If there is an option that we can offer and he can apply from Ireland then we will get him shift to Ireland first so that he can have a postal address of Ireland rather than Northern Ireland. This will keep him nice and clean in terms of new application

What I believe if he does apply UKV&I will definitely find out that he was living in NI where as he was on UK business visa and had Irish work permit.

Manci have you seen my post please

Your post was not entirely clear but I assume the SA engineer has an Irish work visa and also a 5 year UK visitor visa.

Leaving aside the issue of him working in Ireland and living in and commuting from NI, if he moves to live in Ireland he can certainly apply for a Skilled Worker visa from there once he has a CoS from a UK sponsor.

As a general rule a person can apply for a UK visa either from his/her country of nationality or from his/her country of residence.

HI Manci,
I hope you are well. You have helped me in past but if any other moderator can help as well, would be appreciated.

SA is out of Uk red list and now we can finally proceed with application to hire this talent. In the past post, see link below
uk-tier-2-employer-sponsored-visas/skil ... l#p2008683
You did help me that I can use 3112 code with a salary of £42k as he will get tradeable 20 points. The question which still make me confuse and need clarification that yes for this skilled visa no formal education is required but all guides does say that the job offer is at the required skill level – RQF 3 or above (A Level and equivalent).

Question I have now to clarify that applicant has now received his UK ENIC certificate and the skill qualifications he hold is (Trade Test Certificate in Electrician and Senior Certificate of construction electrician). They have assessed the both qualifications and advised as below

Qualification Title: Trade Test Certificate in Electrician
UK framework levels: between RQF level 2/ SCQF level 5 / CQFW level 2 and RQF level 3/ SCQF level 6 / CQFW level 3
Comparable Uk qualification: Between Levels 2 and 3 NVQ/ between SVQ levels 2 and 3

Qualification title: Senior certificate construction electrician
UK framework levels: RQF level 2/ SCQF level 5 / CQFW level 2
Comparable UK qualifications: GCSE (grades A*-C / 9-4)/ Scottish National 5 (grades A-C) / Intermediate Welsh Baccalaureate

So I am confuse here that yes no formal education is required but person has to be at skilled level.
Like I mentioned he has over 20+ years of experience for the manufacturer we would like to hire him but UK ENIC doesn't classify him RQF level 3

How are we going to demonstrate that he has skills and the job we are going to offer him under 3112 is at appropriate level for him but UK ENIC confirms completely different. What proof or certificates we need to submit with his application to prove his skills

any help please

Other than this
He has done his TB test
English IELSTS done - He has done C1 so I am sure this fine better than B1 ?
Also £42k salary is good salary for 3112 for him to get 20 points ?

Anyone please ?

Also would a worker for Skilled Visa would need an ATS certificate
I think it is only for research students or PHD not for standard jobs

HI Manci or any other Moderator, please help
Thanks

nasmc92 wrote: ↑

Sun Oct 17, 2021 3:58 pm

So I am confuse here that yes no formal education is required but person has to be at skilled level.
Like I mentioned he has over 20+ years of experience for the manufacturer we would like to hire him but UK ENIC doesn't classify him RQF level 3

How are we going to demonstrate that he has skills and the job we are going to offer him under 3112 is at appropriate level for him but UK ENIC confirms completely different. What proof or certificates we need to submit with his application to prove his skills

It is the the job that has to be at skill level RQF 3 or above (A Level and equivalent), not the candidate's formal qualifications and it is up to the sponsor to assess whether a candidate is suitable for the job he is being hired for and described in the CoS. You don't need to submit proof or certificates, the HO will rely on your assessment.
see https://www.gov.uk/government/publicati ... -employers

nasmc92 wrote: ↑

Sun Oct 17, 2021 3:58 pm

English IELSTS done - He has done C1 so I am sure this fine better than B1 ?

yes

nasmc92 wrote: ↑

Sun Oct 17, 2021 3:58 pm

Also £42k salary is good salary for 3112 for him to get 20 points ?
Re: Skilled worker - helpQuote manci
by manci » Fri May 07, 2021 1:01 pm

The going rate (minimum salary) for SOC code 3112 is £28,100 for a 39 hour week (to be prorated if the hours are different).