From PSW to Tier 2 - current and future salary - Plz help

[cma11]

Hi

I am currently on a PSW visa that is due to expire in June 10. I have been working for my current employer since Sep 2008 even before my PSW visa (Nov 08 ).

My employer has agreed to sponsor me for a work permit and is in the process of applying for a licence.

I have a BA Hons degree from a UK institution that gives me 10 points for qualification and meet English requirement. I also have sufficient funds to meet the maintenance requirement.

The issue is with my salary. I am expecting my next pay rise to £20k in a couple of months that is sufficient enough to get 10 points that I need to be eligible for Tier 2 visa. But my current salary is £16.5k and I am concerned that Home Office might object on my previous earnings. I am thinking to apply soon after my pay rise.

Please could someone advise me about the above issue. Thanks
CMA

[ash786]

Hi

I am currently on a PSW visa that is due to expire in June 10. I have been working for my current employer since Sep 2008 even before my PSW visa (Nov 08 ).

My employer has agreed to sponsor me for a work permit and is in the process of applying for a licence.

I have a BA Hons degree from a UK institution that gives me 10 points for qualification and meet English requirement. I also have sufficient funds to meet the maintenance requirement.

The issue is with my salary. I am expecting my next pay rise to £20k in a couple of months that is sufficient enough to get 10 points that I need to be eligible for Tier 2 visa. But my current salary is £16.5k and I am concerned that Home Office might object on my previous earnings. I am thinking to apply soon after my pay rise.

Please could someone advise me about the above issue. Thanks
CMA

No u application would not be rejected on your previous earnings before u apply for Tier2. The situation starts when u pply for TIER 2. Let me tell u couple of things which u need to keep in mind.

1. U need to be working for the same employer for the last six months to switch from PSW to TIER 2 in the same job.

2. The job your company is offereing you needs to

1. U job tiltle and the salary.
2. U salary is according to the CODE OF PRACTICE as on the UKBA
3. If your job is per hour then make sure that u are getting paid the minimum wage for that job and not less.
4. The job needs to be S/NVQ level 3 and minimum requirement should be met for example u need to have a bachelors or masters.


When u r claiming points then make sure that for initial application u need to choose PSW switching category. U need to have a COS regardless of u r switching from PSW as its a mandatory requirement and u have to have a COS. The most important thing is that even if you score points for all the attributes and even the future expected earnings but if your wages are less then the "CODE OF PRACTICE" then u COS will be refused becasue of that. So make sure that the job u r applying under does meet the requirements.

[cma11]

@Ash786
Thank you very much for your reply.

I fully understand your advice but not sure what you mean by "Code of practice". Is that some thing to do with a pay rise?

I am on a 3 year training contract to do ACCA and there is no specific time restriction in my employment contract. My employer is paying me at market rates and happy to sponsor me as along as there are no advertising implications. This is clearly not the case with PSW conversion and the rules of the book are relatively straight forward. All I am concerned with is that UKBA might object on the pay rise!

Thanks once again
CMA

[ash786]

@Ash786
Thank you very much for your reply.

I fully understand your advice but not sure what you mean by "Code of practice". Is that some thing to do with a pay rise?

I am on a 3 year training contract to do ACCA and there is no specific time restriction in my employment contract. My employer is paying me at market rates and happy to sponsor me as along as there are no advertising implications. This is clearly not the case with PSW conversion and the rules of the book are relatively straight forward. All I am concerned with is that UKBA might object on the pay rise!

Thanks once again
CMA

The CODE OF PRACTICE is the list published by the IMMIGRATION ADVISORY COMMITTE for most of the jobs in the UK. The list explains all the jobs in details and the expected earnings an applicant should get. If your sponsor get a licence and then u apply for the job and if you are getting paid according to the list then u application wud be fine but if u job is getting paid less than the list then u application will be refused. It would nto make a difference if you getting paid more than the expected earnings as per the list. What u need to make sure that before u apply for the application (In case of PSW six months) u have the same job title and was paid the same amount as expected. I have put this link here for you to have a look at the list. U mentioned that u r doing ACCA so r u saying that when u apply for the TIER 2 u will have the ACCA and will be working as a qualified accountant or a different job title. U need to confirm what wud be u job title as it is very important. Scroll down the list and then it will tell u the expected earnings. My advise for you is to find your job title.

The following link is for ACCA applicants or other in the same so if you look at this list and find your job titlt.

http://www.ukba.homeoffice.gov.uk/sitec ... actice.pdf

The follwoing link is a full list for everybody to look at and select the appripriate list to select their job title.

http://www.ukba.homeoffice.gov.uk/emplo ... fpractice/

So u need to do the following.

1. First of all find your job title
2. Select u job from this list and see the associated earnings
3. U need to amke sure that u will get paid the expected earnings.

[cma11]

Thanks once again for your reply.

My job title is Graduate trainee and it is not expected to change until July 10 when I'll take my finals.

I have had a quick look at the links in your previous email. It appears that my salary current and future pay rise are higher than the average or expected earnings.

Is there any thing that you can suggest about the employers license as my employer will be apply for one soon.

Is there any difference if the employer is sole trader, partnership or Ltd co.

Thanks

[ash786]

Thanks once again for your reply.

My job title is Graduate trainee and it is not expected to change until July 10 when I'll take my finals.

I have had a quick look at the links in your previous email. It appears that my salary current and future pay rise are higher than the average or expected earnings.

Is there any thing that you can suggest about the employers license as my employer will be apply for one soon.

Is there any difference if the employer is sole trader, partnership or Ltd co.

Thanks

Well im glad that u r clear about that. Yes it will make a difference if your employer is a sole tarder, partnership or Ltd but not for you. When u employer applies for the licence there are seperate requirements for each type of business. Its the employer responsiblity to check the required documents and not yours.