Tier 2 Visa - Basic Questions

[jal395]

Hi,
If a person is on a workpermit for 4 years and working in IT dept and if the WP expires end of this year. Pls advice on the following:
1) Does the person qualify for transitional arrangement as part of tier 2
2) Does the employer need to take a resident labour test as part of the certificate of sponsorship.

Any info or experience on the above is greatly appreciated.

Thanks,

[arsenal49]

resident labour test is only waived if you had been working on post study work visa for 6 months OR your job is on the jo-shortage list. If not, then your company has to conduct this test.

regards

[jal395]

Thanks for your response.
Couple of more questions:
1) If the work permit is expiring 55 days before completing 5 years, are there any scenarions to get a PR without going for a tier 2 visa.
2) how much time does it take to do a resident labor test. anyone has any experience of doing this. What are the costs and if it needs legal support. Obviously it doesnt look like a straightforward process.

Thanks,

[djzack]

Thanks for your response.
Couple of more questions:
1) If the work permit is expiring 55 days before completing 5 years, are there any scenarions to get a PR without going for a tier 2 visa.
2) how much time does it take to do a resident labor test. anyone has any experience of doing this. What are the costs and if it needs legal support. Obviously it doesnt look like a straightforward process.

Thanks,

Your case is certainly very interesting, I would say that you should try and maybe write in with your case details to the UKBA, I am not sure if this is a way out to get your Indefinite Leave To Remain, but you can certainly give it a shot. Other than that, there is not much to recommend apart from your employer conducting the labour market test for you.

You are right it isn't a straightforward process, and a lot has changed since the time you got your visa 4 years back. So lookup the website, read details, and then see if you have any options open for yourself.

[arsenal49]

HO seems to be very relaxed if ILR is short of max 28 days.. but if they gave you visa that in total should cover 5years but you travelled to UK late by 60 days which in turn means that you no longer qualify for ILR then im afraid HO will not accept it as their problem. you will need to go with another extension to cover the missing days.

having said that, its always worth getting a reply from HO as they might get a bit lenient based on your past immigration history.

regards

[lavishpatel]

Thanks for your response.
Couple of more questions:
1) If the work permit is expiring 55 days before completing 5 years, are there any scenarions to get a PR without going for a tier 2 visa.
2) how much time does it take to do a resident labor test. anyone has any experience of doing this. What are the costs and if it needs legal support. Obviously it doesnt look like a straightforward process.

Thanks,

Your case is certainly very interesting, I would say that you should try and maybe write in with your case details to the UKBA, I am not sure if this is a way out to get your Indefinite Leave To Remain, but you can certainly give it a shot. Other than that, there is not much to recommend apart from your employer conducting the labour market test for you.

You are right it isn't a straightforward process, and a lot has changed since the time you got your visa 4 years back. So lookup the website, read details, and then see if you have any options open for yourself.

Hi

I have similar doubt and looking for a good advice.

I am on workpermit for the past 4 years and I am working for the same local authority and I never changed the employer. I am due to run out of my VISA on 15th June2010. My entry date into UK was 11th July 2005. I will be finishing my 5 years only on 11th July 2010.

1. Am I eligible to apply for PR or indefinite leave to remain?

2. Am I eligible to apply for PR within 28 days of my qualifying period that is 11 July 2010 (I have counted the days and found 14th June is my 28th day) special request!! Please count the days for me to make sure my count was currect.

3. If I am eligibile to apply for PR am I allowed to apply personally or I need to send through post?

I will be very greatfull to you if you could clear my doubts.

regards
Patel

[visaforv10]

I think the earliest you can apply is on 13th June. But wait for other senior member's reply.