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Advice: Tier 2 is restricted to shortage occupations only...

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GSOtodd
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Posts: 198
Joined: Tue Jan 22, 2002 1:01 am
Location: London

Advice: Tier 2 is restricted to shortage occupations only...

Post by GSOtodd » Sun Mar 01, 2009 6:23 pm

but I lose my job right before being able to apply for indefinate leave to remain. Do you think I could get a laywer to help me extend my stay just to find another job (since I was almost there) or perhaps allow me to find another Teaching job?
Andy

PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sun Mar 01, 2009 6:48 pm

Hello Todd

Are you facing possible redundancy?

If you still have leave left and get made redundant, you do get time to find another job and switch to something else. If UKBA get told you have been made redundant they may try to curtail your leave after waiting a while to see if you switch to something else (28 days as far as I am aware at least), then they will try to write to you first at your last known address. Make sure that your employer gives them your address if they inform UKBA. If your leave gets curtailed you get a chance to appeal. This is quite a long process and should give you some time to find a new job.

Have you checked to see if Tier 1 General would be suitable for you and you would get enough points?

If you get Tier 1, your work permit leave would still count towards ILR after 5 years.
245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
At the moment the government has asked the Migration Advisory Committee if there is a case for restricting Tier 2 to shortage occupations. It doesn't mean this will happen. They found there was a shortage of chefs, not exactly what UKBA wanted to hear, so MAC are not UKBA lapdogs.

GSOtodd
Member
Posts: 198
Joined: Tue Jan 22, 2002 1:01 am
Location: London

Hi, No, I wouldn't be able to switch to Tier 1

Post by GSOtodd » Sun Mar 01, 2009 11:34 pm

due to not making the salary or having a masters (as of April 1). So, if worst comes to shove and I get made redundant right before being eligible for ILR, would an MP or lawyer be able to help me and argue my case of unfairness?

Redundancy seems unlikely BUT you never know. I'd like to know that I have the freedom to change jobs.
Andy

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Mar 02, 2009 8:00 pm

If the worst happens & you get made redundant, the first thing you could do is see an advisor & research your options. You may have them, but there are too many ifs here & we don't know what your situation would be.

You could see an MP if you have no options.

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