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Switching from UK Tier 1 (PSW) to Tier 2 (General)

Only for UK Tier 1 (Post-Study Work) points system

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rajashri11
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Posts: 4
Joined: Mon May 20, 2013 1:20 pm

Switching from UK Tier 1 (PSW) to Tier 2 (General)

Post by rajashri11 » Wed Jul 16, 2014 2:16 pm

Hi All

We have an employee whose Tier 1 (PSW) visa expires in the next couple of weeks. He has joined the company 3 months back. We have very few allocations for Tier 2 (Gen) sponsorship visas. The employee meets the minimum salary requirement but the job is not in shortage occupation list. I know that we do not have to go through the resident labour market test, but the employee's skill is not a niche skill and is available in the UK market.

Can we as an employer take a business decision and not sponsor the Tier 2 (Gen) visa for the employee? Or do we have to sponsor the employee because he meets the minimum requirements?

Thanks

Jeeves
Member
Posts: 222
Joined: Fri Nov 30, 2012 7:26 pm

Re: Switching from UK Tier 1 (PSW) to Tier 2 (General)

Post by Jeeves » Sat Jul 19, 2014 7:25 am

You don't have to sponsor anybody if you don't want to - just because they meet the criteria it doesn't mean you have to do it.

Frontier Mole
Respected Guru
Posts: 3226
Joined: Mon May 05, 2008 11:03 pm

Re: Switching from UK Tier 1 (PSW) to Tier 2 (General)

Post by Frontier Mole » Mon Jul 21, 2014 8:35 pm

The number of in country COS is not restricted so you can apply for additional COS without any real problem using SMS
If you do not wish to employ the individual you do not have to issue a COS. However if he is doing a good job why would you not keep him on?

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