Unrestricted cos from Bangladesh

[Hassan199]

Hi Members,

I am hoping one of you could shed some lights with the below please…

I am from Bangladesh. Currently working for KPMG Bangladesh as a junior. I had recently joined KPMG after finishing my acca. I am currently an acca affiliate.

My uncle lives in London who is working for a corporate, My uncle said he could arrange a cos from the same company he works for as the company needs a lot of accountant and London based company also told my uncle that they are willing to give a skype interview and if things go well they will sponsor me. The company though never sponsored anyone from outside UK.

I am also planning to go to Canada if UK does not work, my question is provided the London based co wants to hire me on Tier 2 visa – how likely it is for me to get the visa in the current circumstances. Is there a lot refusal for unnecessary reasons for unrestricted cos?

My dilemma is if it is likely that visa might get refused, then I really don’t want get a refusal in my passport from UK as I can also apply for Canadian student visa which has a good chance. But the only thing with UK – I will have a full time job in a proper company if I do get the VISA.

Will appreciate any help.

Thanks,

Hassan

[CR001]

how likely it is for me to get the visa in the current circumstances. Is there a lot refusal for unnecessary reasons for unrestricted cos?

Applications outside the UK require a Restricted CoS, which has to be requested from HO once a month for approval/rejection through the monthly allocation meeting, usually held on the 11th. The sponsor must have a sponsor licence and to employ you, must have completed the full and proper RLMT to prove no other EU/British or Settled worker is available for the job. There is also a minimum salary requirement that has to be met, depending on the SOC for the job.

My dilemma is if it is likely that visa might get refused, then I really don’t want get a refusal in my passport from UK

The refusal is not stamped in your passport but any immigration application refusal need to be declared if any countries visa forms ask for it.

[Hassan199]

Thank you for your reply.

1) As far as I know, the co. is planning to recruit job starting from 01/09/2019. Do you think it is good idea for the company to apply for cos couple of months before so that in incase the cos is not approved for example in July's monthly approval meeting, the company can try it again in August?

2) Is it true, if I get hold of a cos from the company - this almost gurantees visa provided I meet other requirements from my side?

Thanks,

Hassan

[CR001]

1) As far as I know, the co. is planning to recruit job starting from 01/09/2019. Do you think it is good idea for the company to apply for cos couple of months before so that in incase the cos is not approved for example in July's monthly approval meeting, the company can try it again in August?

A CoS can be assigned up to 3 months in advance, so technically yes.

2) Is it true, if I get hold of a cos from the company - this almost gurantees visa provided I meet other requirements from my side?

There is no guarantee that visa will be approved simply because a CoS has been assigned. RLMT can still be scrutinised again at visa application stage.

Does this company even have a sponsor licence for Tier 2 General?

[Hassan199]

Thank you for your reply.

The co. does not have the licence at the moment but I have been told they had it before and they will apply for the licence again after the interview. I think they will be OK getting a licence as this is a large company with proper HR system.

I also think RLMT is an issue...

Thank you

Hassan

[CR001]

I also think RLMT is an issue...

Why do you think this is an issue?

[Hassan199]

I also think RLMT is an issue...

Why do you think this is an issue?

I mean surely if the co. wants they could find an accountant from London, so if HO wants to pick on it, they can - or do you have a differnt opinion?

The company is intersetd in hiring me as they kind of liked my CV, my average acca mark is also high... nearer to 80 mark, also they think if they hire me on a visa I would stay with them for a while.

Many thanks,

Hassan

[Hassan199]

Hi CR001,

I have few qustions please..

1) Considering RLMT, can the company include specific requirements which i meet to validate that there are few eligible employees in the uk?

2) Can HO enquire about the interview given to other employees who did not get the job?

3) If the answer to the question 2 above is Yes, have you heared recent cases where HO enquired?

many thanks,

Hassan

[CR001]

1) Considering RLMT, can the company include specific requirements which i meet to validate that there are few eligible employees in the uk?

That would be 'tailoring the RLMT to benefit only you and excluding all others', so no, that would NOT be a full and proper and fair RLMT process. Many people in the UK are ACCA qualified and affiliated. Your skill is not 'unique'.

2) Can HO enquire about the interview given to other employees who did not get the job?

Yes, and they can ask for other applicants CVs and full reasons why they were not suitable.

3) If the answer to the question 2 above is Yes, have you heared recent cases where HO enquired?

Many times HO asks for extra information, either at RCoS stage or at visa application stage or at both stages.

Tier 2 General is not a visa route that you can bend the rules or find a loophole to suit you. If the process is not done properly and vacancy is not a genuine one and something is not 'right', the sponsor risks losing their sponsor licence.

Note that HO is hot on the case of companies 'exaggerating' or 'fabricating' positions to employ 'certain pre-selected' potential employees.

[Hassan199]

Thank you Cr001 for your comments.

I would appreciate if you could change the subject to 'restricted cos from Bangladesh' as I meant to write 'restricted'

Many thanks,

Hassan

[Hassan199]

Hi CR001,

I have a question please, from the HO website, I see for restricted cos minimum points required over the last 3 years were below, my question is why between December 17 and June 18, "Minimum point scored for successful applications" rose so high? In each of last 36 months, it has always been 21 but in those 7 months it rose to more than double? My concern is my points will be the lowest possible and so if HO only accepts higher one I will definitely not get it.

Mar-19 21
Feb-19 21
Jan-19 21
Dec-18 21
Nov-18 21
Oct-18 21
Sep-18 21
Aug-18 21
Jul-18 41
Jun-18 60
May-18 51
Apr-18 46
Mar-18 56
Feb-18 46
Jan-18 46
Dec-17 55
Nov-17 21
Oct-17 21
Sep-17 21
Aug-17 21
Jul-17 21
Jun-17 21
May-17 21
Apr-17 21
Mar-17 21
Feb-17 21
Jan-17 21
Dec-16 21
Nov-16 21
Oct-16 21
Sep-16 21
Aug-16 21
Jul-16 21
Jun-16 21
May-16 21
Apr-16 21

[Hassan199]

Members,

I have a quick question, roughly for large organisations, how long does it take to get Tier 2 A rated licence?

Thanks,

Hassan

[Frontier Mole]

Are you a fully qualified ACCA chartered accountant?

If you are part qualified you can not be Sponsored under Tier 2.

You are of course correct - there is no shortage of accountants in the UK and unless you are a high earning specialty chartered/ certified accountant there is very little reason to believe you would be required in the UK.

[Frontier Mole]

Members,

I have a quick question, roughly for large organisations, how long does it take to get Tier 2 A rated licence?

Thanks,

Hassan

About 6 weeks.

[Hassan199]

Members,

I have a quick question, roughly for large organisations, how long does it take to get Tier 2 A rated licence?

Thanks,

Hassan

About 6 weeks.

Thank you Frontier Mole

[Hassan199]

Are you a fully qualified ACCA chartered accountant?

If you are part qualified you can not be Sponsored under Tier 2.

You are of course correct - there is no shortage of accountants in the UK and unless you are a high earning specialty chartered/ certified accountant there is very little reason to believe you would be required in the UK.

1) I am ACCA affiliate, have finished all exams - but still need to record experience with ACCA, would this be OK?

2) Could you kindly refer to document where it says that part qualified cannot be sponsored.

The UK co. already interviewd me and they are willing to sponsor me but they do not have a licence, they said they would get a licence soon.

Many thanks Frontier

[Frontier Mole]

You are not qualified therefore you do not meet the Tier 2 requirements.

See the SOC for Chartered and Certified Accountanrs - the clue is in the title SOC 2421

https://www.gov.uk/guidance/immigration ... illed-work

I doubt very much they will get a licence based on their intentions and even if they do they will not be able to sponsor you legally.

[Hassan199]

Thank you Frontier,

If I may refer to the following reply of manci although it was a while ago...

uk-tier-2-employer-sponsored-visas/part ... 19276.html

I quote from Manci's reply..."what matters is the job description. If you are doing the tasks in the description of SOC 2421 then this is the correct code. You are a qualified accountant, although not "fully" qualified."

Based on the above, do you think even if I am not a full memeber of ACCA, I can still apply for the job as I am 'qualified' for the job.

Thanks,

Hassan

[CR001]

Thank you Frontier,

If I may refer to the following reply of manci although it was a while ago...

uk-tier-2-employer-sponsored-visas/part ... 19276.html

I quote from Manci's reply..."what matters is the job description. If you are doing the tasks in the description of SOC 2421 then this is the correct code. You are a qualified accountant, although not "fully" qualified."

Based on the above, do you think even if I am not a full memeber of ACCA, I can still apply for the job as I am 'qualified' for the job.

Thanks,

Hassan

That post/topic is from 2012. The rules have changed and become far more strict since then. Suggest stop looking at old posts.

[Hassan199]

Thank you CR001 and Frontier,

Apart from the fact that 2421 header suggests the canndiate needs to be fully qualified, is there any recent cases dealt by HO that you know where the visa or cos allocation was rejected becasue the candidate was not fully qualifued?

I have a copy of codes of practice from 2012, the wording under soc code 2421 is exactly same per below except the changes in salary. Also, in 2012 2421 header used to be called 'Chartered and certified accountants', so is now.

2421 Chartered and certified accountants Example job tasks
• plans and oversees implementation of accountancy system and policies;
• prepares financial documents and reports for management, shareholders, statutory or other bodies;
• audits accounts and book-keeping records;
• prepares tax returns, advises on tax problems and contests disputed claim before tax official;
• conducts financial investigations concerning insolvency, fraud, possible mergers, etc.;
• evaluates financial information for management purposes;
• liaises with management and other professionals to compile budgets and other costs;
• prepares periodic accounts, budgetary reviews and financial forecasts;
• conducts investigations and advises management on financial
• aspects of productivity, stock holding, sales, new products, etc.

Related job titles:
• Accountant (qualified)
• Auditor (qualified)
• Chartered accountant
• Company accountant
• Cost accountant (qualified) • Financial controller (qualified)
• Management accountant (qualified)

Salary rates:
New entrant: £20,200

[Source: Annual Survey of Hours and Earnings (ASHE) 2017 (no 2018 equivalent data available)]

Experienced worker: £30,000

[CR001]

What you have quoted is the latest SOC updated in April 2019.

Ho have closed all these loopholes that people tried and abused years ago.

You need to be fully qualified.

[Frontier Mole]

There are several Sponsor’s that have had their licence revoked for employing part qualified accountants. The compliance teams regularly visit accountancy firms based of the employment of part qualified tier 2’s. So there is plenty of activity in the area.
There will be 100’s of migrants that have been revoked.

The legal position is very simple - if you are not a fully qualified chartered or certified accountant you do not qualify for that SOC.

Those that state otherwise may wish to look at the other SOC,s for doctors, lawyers and dentists - they need to be qualified, not in training or part qualified. They are at the same as professionally qualified levels of chartered or certified accountants.

[Hassan199]

I appreciate your comments Frontier.

Just one question, within SOC code 2421, under related job titles, every single job titles have 'qualified' written by them except 'Company accountant' - any reasoon why this was missed?

Extract from soc 2421 is below:

Related job titles:
• Accountant (qualified)
• Auditor (qualified)
• Chartered accountant
• Company accountant
• Cost accountant (qualified) • Financial controller (qualified)
• Management accountant (qualified)

[Frontier Mole]

The job titles are just examples. The overriding point is the need to be qualified as in chartered or certified.
Company accountant was used as a job title for those attempting to use the SOC for part qualified accountants for a couple of years. The abuse was closed down and the use of that title in an application gets you put under the microscope.

Take whatever risks you want but the two things that will trip you up is the fact that the company does not have a licence and the reason they want it just does not meet the requirements to have a licence.

If they manage to get a licence then the next barrier is the RCOS - they have to supply the RLMT and that will have to state chartered or certified accountant as anything else does not meet the SOC requirements. You don’t meet those requirements so it is a non starter.