Switching From PSW to TIER2

[nima3]

My(and my dependant) PSW will be expired on 6th march 2011, have been working for my sponsor since FEB 2010,applied for initial COS in JAN to be considered by FEB panel and got rejected because of salary issues(minimum required salary for FEB panel was > 36K for job not on the shortage list, mine was 33K SYSTEM DEVELOPER), reapplied with 36.5K prospective earning and submitted as an urgent case to be considered, next day found out that they didn't consider the application as an urgent since the requested starting date for the role was 7th of march(the day after my visa expires) and panel decided to push our application into 1st march meeting which were supposed to be today, we called them up today and apparently they postponed the meeting to friday 4th of march, they asked us to call on friday afternoon.

I have few questions:

1- How long will it take to actually assign that certificate? do i have enough time to apply? i already prepared all the required documents, only COS is remained.

2- my visa expires on saturday, 6th march, how long can i stay as an overstayer and what will be my status during that time(can i still claim points for switching from PSW) ?


3- My dependant is student on PSW Dependant visa, is there any chance for her to switch into student ?


4-I have equity in the company, I will be qualified for TIER1 General, if I return/sell my equity to them and get cash bonus instead, can i submit my TIER1 application while my TIER2 is in process?

5- In case of rejection of TIER2 application, how long can i stay in UK afterwards?, can I submit a Tier1 during that time?


We are always suffering from rapid changes of PBS requirements.
Regards.

[arsenal49]

My(and my dependant) PSW will be expired on 6th march 2011, have been working for my sponsor since FEB 2010,applied for initial COS in JAN to be considered by FEB panel and got rejected because of salary issues(minimum required salary for FEB panel was > 36K for job not on the shortage list, mine was 33K SYSTEM DEVELOPER), reapplied with 36.5K prospective earning and submitted as an urgent case to be considered, next day found out that they didn't consider the application as an urgent since the requested starting date for the role was 7th of march(the day after my visa expires) and panel decided to push our application into 1st march meeting which were supposed to be today, we called them up today and apparently they postponed the meeting to friday 4th of march, they asked us to call on friday afternoon.

I have few questions:

1- How long will it take to actually assign that certificate? do i have enough time to apply? i already prepared all the required documents, only COS is remained.
a week or so- nothing is definite

2- my visa expires on saturday, 6th march, how long can i stay as an overstayer and what will be my status during that time(can i still claim points for switching from PSW) ?

28 days... but you can submit your app without a COS and as soon as you get it, lets say a week on from 4th March, you submit change of circumstances form and send them your COS number


3- My dependant is student on PSW Dependant visa, is there any chance for her to switch into student ?
dependent MUST apply for entry clearance (i.e from home) if they don't want to be on dependent visa anymore


4-I have equity in the company, I will be qualified for TIER1 General, if I return/sell my equity to them and get cash bonus instead, can i submit my TIER1 application while my TIER2 is in process?

tier 1 general will be abolished on 6th april!

5- In case of rejection of TIER2 application, how long can i stay in UK afterwards?, can I submit a Tier1 during that time?
28 days without any consequence. if you submit new app and it gets rejected then you will not be given right to appeal

We are always suffering from rapid changes of PBS requirements.
Regards.

[nima3]

My(and my dependant) PSW will be expired on 6th march 2011, have been working for my sponsor since FEB 2010,applied for initial COS in JAN to be considered by FEB panel and got rejected because of salary issues(minimum required salary for FEB panel was > 36K for job not on the shortage list, mine was 33K SYSTEM DEVELOPER), reapplied with 36.5K prospective earning and submitted as an urgent case to be considered, next day found out that they didn't consider the application as an urgent since the requested starting date for the role was 7th of march(the day after my visa expires) and panel decided to push our application into 1st march meeting which were supposed to be today, we called them up today and apparently they postponed the meeting to friday 4th of march, they asked us to call on friday afternoon.

I have few questions:

1- How long will it take to actually assign that certificate? do i have enough time to apply? i already prepared all the required documents, only COS is remained.
a week or so- nothing is definite

2- my visa expires on saturday, 6th march, how long can i stay as an overstayer and what will be my status during that time(can i still claim points for switching from PSW) ?

28 days... but you can submit your app without a COS and as soon as you get it, lets say a week on from 4th March, you submit change of circumstances form and send them your COS number


What if i submit Tier2 during the 28 days? do i get points for switching from PSW?


3- My dependant is student on PSW Dependant visa, is there any chance for her to switch into student ?
dependent MUST apply for entry clearance (i.e from home) if they don't want to be on dependent visa anymore


4-I have equity in the company, I will be qualified for TIER1 General, if I return/sell my equity to them and get cash bonus instead, can i submit my TIER1 application while my TIER2 is in process?

tier 1 general will be abolished on 6th april!
I will be qualified before 6th April, can i send Tier1 while Tier2 is in process?

5-Just saw the new COP(code of practices), are these changes going to affect the COS applications for 4th March meeting?

[arsenal49]

2- my visa expires on saturday, 6th march, how long can i stay as an overstayer and what will be my status during that time(can i still claim points for switching from PSW) ?

28 days... but you can submit your app without a COS and as soon as you get it, lets say a week on from 4th March, you submit change of circumstances form and send them your COS number


What if i submit Tier2 during the 28 days? do i get points for switching from PSW?

your app will be considered as if it was submitted before you become overstayer, except in the event of refusal, you will not get any right to appeal. so yes you will get points for that

4-I have equity in the company, I will be qualified for TIER1 General, if I return/sell my equity to them and get cash bonus instead, can i submit my TIER1 application while my TIER2 is in process?

tier 1 general will be abolished on 6th april!
I will be qualified before 6th April, can i send Tier1 while Tier2 is in process?
assuming you get enough points for tier 1..... you cant have two outstanding apps with UKBA. you must withdraw tier 2 OR wait until you get a result on tier 2 app before applying for Tier 1

5-Just saw the new COP(code of practices), are these changes going to affect the COS applications for 4th March meeting?
new COP is not enforced yet. just so we are both on same page, which doc you are referring to. any link?

[nima3]

Thank you so much Arsenal.

2- my visa expires on saturday, 6th march, how long can i stay as an overstayer and what will be my status during that time(can i still claim points for switching from PSW) ?

28 days... but you can submit your app without a COS and as soon as you get it, lets say a week on from 4th March, you submit change of circumstances form and send them your COS number


What if i submit Tier2 during the 28 days? do i get points for switching from PSW?

your app will be considered as if it was submitted before you become overstayer, except in the event of refusal, you will not get any right to appeal. so yes you will get points for that

4-I have equity in the company, I will be qualified for TIER1 General, if I return/sell my equity to them and get cash bonus instead, can i submit my TIER1 application while my TIER2 is in process?

tier 1 general will be abolished on 6th april!
I will be qualified before 6th April, can i send Tier1 while Tier2 is in process?
assuming you get enough points for tier 1..... you cant have two outstanding apps with UKBA. you must withdraw tier 2 OR wait until you get a result on tier 2 app before applying for Tier 1

5-Just saw the new COP(code of practices), are these changes going to affect the COS applications for 4th March meeting?
new COP is not enforced yet. just so we are both on same page, which doc you are referring to. any link?
here is the link to Section J:Information and Communication : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[jason23]

This was the same link someone provided before. It seems to cover only IT professionals

There must be a more comprehensive version

[nima3]

This was the same link someone provided before. It seems to cover only IT professionals

There must be a more comprehensive version

http://www.ukba.homeoffice.gov.uk/sitec ... om-060411/

[arsenal49]

thanks nima for the link.

i can't do research on my own at the moment but... if you click on the following link

Code: Select all

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/cop-from-060411/section-m?view=Binary

There are some professions in Section M where salary for "new graduates" is given.

Can anyone tell me how UKBA is defining "new graduates" exactly?

your help is much appreciated

[jason23]

thanks nima for the link.

i can't do research on my own at the moment but... if you click on the following link

Code: Select all

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/cop-from-060411/section-m?view=Binary

There are some professions in Section M where salary for "new graduates" is given.

Can anyone tell me how UKBA is defining "new graduates" exactly?

your help is much appreciated

I think a good proportion of the consulaltation was to define graduate level jobs and new graduates to ensure that people with family businesses aren't applying for COS's for their relatives etc...
I am thinking we will have to wait to get clearly defined terms to this

[nima3]

Just had a call with UKBA, they don't even know that are these new COP requirements going to be enforced in the 4th march meeting or not, even if the COS goes through and we apply with COS then the case worker might see the difference between my salary and new COP requirement for System Developer and as a result reject my application(Thats what lawyer and UKBA said). therefor I decided to consult a lawyer(this is an interesting post on their blog http://blog.davidsonmorris.com/2011/02/ ... -migrants/). I need to meet them tomorrow and will post updates.

[jason23]

Thanks for the update. Keep us in the loop and good luck!