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Startup company in IT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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YouSS
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Startup company in IT

Post by YouSS » Thu Jun 28, 2018 7:16 pm

Hello,
I live in morocco and i'm working from home as a developer with a startup company based on London since December 2016, the company is recent and they still don't have a sponsor licence yet.
Do i have the right to apply to get "Tier 2 (General)" visa to work in UK?

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CR001
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Re: Startup company in IT

Post by CR001 » Thu Jun 28, 2018 7:59 pm

You cannot apply for a tier 2 general visa if you don't have a sponsor who has a sponsor licence and has completed RLMT before offering you the job and a RCoS
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Re: Startup company in IT

Post by YouSS » Thu Jun 28, 2018 8:13 pm

My company is ready to do everything possible to let me get the visa, how many it will take for my company to get a sponsor license?

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Re: Startup company in IT

Post by CR001 » Thu Jun 28, 2018 8:17 pm

It can take a few months. For RLMT, they also have to prove you have not been 'pre-selected' and that no settled person or EU/BC citizen is available and suitable for the position.

If they get a sponsor licence, there is a separate process to get a RCoS in the monthly allocations before you can apply for a visa. The sponsor and yourself have to meet all the requirements.

https://assets.publishing.service.gov.u ... l_v1.0.pdf
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Re: Startup company in IT

Post by YouSS » Thu Jun 28, 2018 8:26 pm

Thank you for the informations, can i get more details about how my company will prove that i have not been 'pre-selected' and that no settled person or EU/BC citizen is available and suitable for the position. ? they need to send a document or something ?

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Re: Startup company in IT

Post by CR001 » Thu Jun 28, 2018 8:27 pm

The sponsor is required to complete RLMT - Resident Labour Market Test - advertising the position for 28 days on two websites. The link I have provider rains the process.
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Re: Startup company in IT

Post by YouSS » Thu Jun 28, 2018 9:14 pm

Ok. What about english test, is it required as i have high school diploma (5years) in computer engineering and and english english was part of the program during all those 5 years ?

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Re: Startup company in IT

Post by CR001 » Thu Jun 28, 2018 9:16 pm

You need to meet the English requirement as far as I am aware. A high school certificate is not sufficient.

See the guidance note below.

https://www.gov.uk/government/publicati ... r-2-worker
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Re: Startup company in IT

Post by YouSS » Fri Jun 29, 2018 5:58 pm

Thank you. i want to re ask you again about RLMT, is it required ? even if i'm co-founder and i have shares in the company and i work with the company since 2016, they trust me & i trust them.

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Re: Startup company in IT

Post by CR001 » Fri Jun 29, 2018 6:33 pm

Yes it is required.

What percentage of shares do you hold?

Is it a family business?
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Re: Startup company in IT

Post by YouSS » Sat Jun 30, 2018 11:17 am

Less than 1% and it's not a family business.

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Re: Startup company in IT

Post by CR001 » Sat Jun 30, 2018 11:21 am

They would have to prove you are not preselected, which might be difficult.
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Re: Startup company in IT

Post by YouSS » Sat Jun 30, 2018 11:32 am

Can i ask. how ? the link u sent before isn't clear about that.

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Re: Startup company in IT

Post by CR001 » Sat Jun 30, 2018 11:40 am

If you look at the links under RLMT (Resident Labour Market Test) it gives information on how to do the process to be able to sponsor someone from outside the UK. They have to prove that there is no eligible person IN the UK who could do the job and HO can ask for evidence of applicants and why they are not suitable.

You would also have to follow the selection and interview process as well.
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Re: Startup company in IT

Post by YouSS » Sat Jun 30, 2018 11:54 am

Is there any other way to obtain the visa or any other type because i don't see how they can prove. i'm working with the company since 2016 idk why they should prove that. there is no other option?

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Re: Startup company in IT

Post by marcnath » Sat Jun 30, 2018 12:05 pm

YouSS wrote:
Sat Jun 30, 2018 11:54 am
Is there any other way to obtain the visa or any other type because i don't see how they can prove. i'm working with the company since 2016 idk why they should prove that. there is no other option?
If your job falls in one of the shortage occupation list , the RMLT is not required
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Startup company in IT

Post by CR001 » Sat Jun 30, 2018 12:07 pm

There is no 'general' work visa you can apply for that is easy.

You only have Tier 2 General or Tier 1 Entrepreneur which has strict requirements and funds required too.
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Re: Startup company in IT

Post by CR001 » Sat Jun 30, 2018 12:08 pm

marcnath wrote:
Sat Jun 30, 2018 12:05 pm
YouSS wrote:
Sat Jun 30, 2018 11:54 am
Is there any other way to obtain the visa or any other type because i don't see how they can prove. i'm working with the company since 2016 idk why they should prove that. there is no other option?
If your job falls in one of the shortage occupation list , the RMLT is not required
For the OPs 'job title', it would likely be 2136 SOC which has the added requirement of the sponsor being a qualified company and meeting the qualifying company criteria.
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Re: Startup company in IT

Post by YouSS » Sat Jun 30, 2018 12:55 pm

I'm iOS & Web developer with more than 5 years experience. is that enough ?

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Re: Startup company in IT

Post by infomaster » Tue Jul 03, 2018 8:53 am

CR001 wrote:
Sat Jun 30, 2018 12:08 pm
marcnath wrote:
Sat Jun 30, 2018 12:05 pm
YouSS wrote:
Sat Jun 30, 2018 11:54 am
Is there any other way to obtain the visa or any other type because i don't see how they can prove. i'm working with the company since 2016 idk why they should prove that. there is no other option?
If your job falls in one of the shortage occupation list , the RMLT is not required
For the OPs 'job title', it would likely be 2136 SOC which has the added requirement of the sponsor being a qualified company and meeting the qualifying company criteria.
Hi CR001
Hope you are well. Can you kindly tell me what do you mean by qualifying company in the above reply to OP's post?
I am not aware of any additional requirements for a company with a job offer of SOC 2136.
I will appreciate any information or link. Thank you

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Re: Startup company in IT

Post by CR001 » Tue Jul 03, 2018 9:00 am

infomaster wrote:
Tue Jul 03, 2018 8:53 am
CR001 wrote:
Sat Jun 30, 2018 12:08 pm
marcnath wrote:
Sat Jun 30, 2018 12:05 pm
YouSS wrote:
Sat Jun 30, 2018 11:54 am
Is there any other way to obtain the visa or any other type because i don't see how they can prove. i'm working with the company since 2016 idk why they should prove that. there is no other option?
If your job falls in one of the shortage occupation list , the RMLT is not required
For the OPs 'job title', it would likely be 2136 SOC which has the added requirement of the sponsor being a qualified company and meeting the qualifying company criteria.
Hi CR001
Hope you are well. Can you kindly tell me what do you mean by qualifying company in the above reply to OP's post?
I am not aware of any additional requirements for a company with a job offer of SOC 2136.
I will appreciate any information or link. Thank you
1. You should start your own topic with your circumstances and questions rather than tagging onto another members thread.

2. See link and quote below and note that I am specifically referring to the SOC 2136 on the Shortage Occupation List in Appendix K and NOT in Appendix J which is the general non shortage occupation list.

https://www.gov.uk/guidance/immigration ... ation-list
4. In this Appendix “qualifying company” means a company which:
(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.
2136 Programmers and software development professionals Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

The following jobs in visual effects and 2D/3D computer animation for the film, television or video games sectors:

software developer
shader writer
games designer
The following jobs in the electronics system industry:
driver developer
embedded communications engineer
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Re: Startup company in IT

Post by infomaster » Tue Jul 03, 2018 9:04 am

Thank you for swift reply and the link. I am sorry i was not aware of the rules but will do that from now. BTW i was confused because i was not sure if you are talking about the shortage occupation list only so i deemed it necessary to tag this thread to contextualize the question. Thank you for clarifying and taking your time. Much appreciated.

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Re: Startup company in IT

Post by YouSS » Fri Jul 20, 2018 1:51 pm

I read that i need to be paid at least £30,000 per year, i want to know if it include taxes or not ? and what is the exact salary that should be shown in my payslip ?

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Re: Startup company in IT

Post by CR001 » Fri Jul 20, 2018 1:53 pm

£30,000 is the GROSS salary before taxes. If the salary in your SOC is higher, then you have to be paid the higher figure.
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Re: Startup company in IT

Post by YouSS » Fri Jul 20, 2018 2:02 pm

CR001 wrote:
Fri Jul 20, 2018 1:53 pm
£30,000 is the GROSS salary before taxes. If the salary in your SOC is higher, then you have to be paid the higher figure.
Can you help me to find my appropriate salary in that link please ? https://www.gov.uk/guidance/immigration ... illed-work

I'm iOS developer (Programmer) and i have 5 years experience.

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