PSW to Tier 2 - A Tricky One

[message2241]

Dear All,

I was issued with a Tier 1 - Post Study Work in July 2009 after I had completed a Masters Degree. I was working in the UK till January 2010 when I decided to return to my home country due to personal reasons and took up a local job. My salary for the period on PSW (July-Jan) was around GBP 30K.

I now intend to return to UK but my PSW is expiring on July 2011. My previous employer has offered me a job (Salary GBP 42K) and is a UK franchise of a major international brand. He is willing to extend full support in terms of documentation etc.

What I would like to know is what is my best option to extend my PSW. Please note my 10 year period of legal stay in UK will be completed in Sept 2012. My employer in not a registered sponsor and can't issue CoS.

Please advise if switching into another immigration tier applies or is a best solution. I understand the nature of the post is a bit vague, but as I havnt been in UK for a while, things have changed a lot in the last few months I believe.

Looking forward to your helpful response Gents and Ladies.

Cheers

[geriatrix]

1. Tier 1 (PSW) leave cannot be extended. It is granted for 2 years only.
2. Apply for Tier 1 (General), if you qualify.
3. As you have been absent from the UK since January 2010, your continuous residence in the UK, in context of being eligible under 10 year long residence category, has been broken. (2.2.3)
4. If your employer is not a registered sponsor, the question of Tier 2 sponsorship and subsequent leave to enter / remain doesn't arise. To sponsor a non-EEA migrant for employment, UK employers must register themselves with UKBA.


regards

[message2241]

Thanks sushdmehta for the prompt response...

Understand the points you mentioned and thanks for making it quite clear. The couple of questions I have in this case are;

1 - If I return to UK on the existing PSW, which is valid until July 2011, Am I going face any complicated at the immigration desk at the airport due to not being in the UK for the last 8 months. Or is it okay as I am still entering on a valid UK visa (PSW). I believe the condition of PSW doesnt state any clause suggesting absence being not permitted.

2- If my employer registers as a sponsor and subsequently applies for the Cos,
i) What is the usual rough time frame taken for such process.
ii) The possibility of me getting a Tier 2 General as switching applicant.

Thanks for the help.

Regards,

[arsenal49]

Thanks sushdmehta for the prompt response...

Understand the points you mentioned and thanks for making it quite clear. The couple of questions I have in this case are;

1 - If I return to UK on the existing PSW, which is valid until July 2011, Am I going face any complicated at the immigration desk at the airport due to not being in the UK for the last 8 months. Or is it okay as I am still entering on a valid UK visa (PSW). I believe the condition of PSW doesnt state any clause suggesting absence being not permitted.

psw is valid until the expiry date specified on the visa stamp. there will not be any complication, although they might quiz you, but its normal stuff

2- If my employer registers as a sponsor and subsequently applies for the Cos,
i) What is the usual rough time frame taken for such process.
ii) The possibility of me getting a Tier 2 General as switching applicant.

employer getting registered: roughly 4-6 weeks
employer applying for a COS: anywhere between 1 month and ... umm, forever really. read tier 2 guidance on ukba website for employers.... its straightforward to apply for tier 2 as a candidate but the biggest hurdle is getting a COS.

its a points-based system... if you secure enough points, you WILL get the visa no matter whic category you currently in


Thanks for the help.

Regards,