Switching from Tier 1(PSW) to Tier 2: 5 months with Employer

titoyin · Post by **titoyin** » Thu Jun 02, 2011 1:23 pm

Hello, I need your advice please. I'm currently on Tier 1 (PSW) and planning to switch to Tier 2 (General). My current employer is on the list of sponsors and they are willing to sponsor. The only problem is that by the time I apply, I would only have been working there for 5 months and a few days.
On UKBA website, it says you must have worked for your employer for a period of at least 6 months.

http://www.ukba.homeoffice.gov.uk/worki ... switching/

This is really giving me headache as I meet all the other requirements for this visa. Surely they should apply some discretion sometimes. And this is the only way I can claim the required 30 points for that attribute.
Any advice or suggestions please as I am really worried about this and my current visa will soon run out.
Thanks

Post by **geriatrix** » Thu Jun 02, 2011 1:52 pm

See also 78C.

titoyin · Post by **titoyin** » Thu Jun 02, 2011 2:23 pm

Hi sushdmehta, thanks for your response. The link 78C is only repeating what I have posted. I'm sorry but I don't understand what you mean.

Post by **geriatrix** » Thu Jun 02, 2011 2:45 pm

That it is the law, not just something that may be viewed as "only guidance".

pricesoft · Post by **pricesoft** » Thu Jun 02, 2011 2:46 pm

I think sushdmehta meant to confirm what you pointed out in your original post. The 6 months requirement is enshrined in the immigration rules and it is hard to see how discretion can be applied in your case. how many days or weeks to your PSW visa expiration date do you intend to apply? In other words, how long from today have u got left on your visa. If you've got at least 28 days left then you should get your employer to conduct a RLMT on your job.

titoyin · Post by **titoyin** » Thu Jun 02, 2011 3:28 pm

Hello pricesoft, thanks for your response. I have about 2 months left. I intend to apply a week before the expiration date. Even if I wait till the expiration date, it would still mean 5 months 1 week and 4 days with my current employer. Still short by 2 weeks 3 days!

Regarding the RLMT, I'm not sure this test will pass as my job is not one they cannot find other people to do. Because from what I found of RLMT on the UKBA website:
"This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job"

I've looked at all the attributes and the "switching from Post-study category" is the only one I qualify for. Frustrating to say the least.

titoyin · Post by **titoyin** » Thu Jun 02, 2011 3:42 pm

Sushdimehta, I see what you mean now. Thanks.

pricesoft · Post by **pricesoft** » Thu Jun 02, 2011 4:58 pm

Was your job advertised before you were employed? If it was, do you know where it was advertised?

titoyin · Post by **titoyin** » Thu Jun 02, 2011 5:52 pm

Yes I applied for it on reed.co.uk. Thanks.

pricesoft · Post by **pricesoft** » Thu Jun 02, 2011 6:25 pm

Take a look at the page here and open the document that applies to you to see how to carry out RLMT for your job. If the advertisement for your job satisfies the RLMT requirement then you are OK. Although I think most jobs requires that you also advertise on the Job Centre Plus website.

If you feel the advert for your job didn't satisfy the RLMT then your best shot is to get your employer to advertise the job again and hope that nobody is deemed qualified enough to fill your role.

Seek a solicitor's advice and consider what your options are. But act quickly.

titoyin · Post by **titoyin** » Thu Jun 02, 2011 9:26 pm

Thanks for your quick response as usual. Are you saying that for the fact that they advertised the job and I applied and got selected, that already stands for a RLMT? That would be great news if true! There seems to be a glimmer of hope at last!
I will visit IAS and seek a solicitor's advice. Thanks a great deal.

pricesoft · Post by **pricesoft** » Thu Jun 02, 2011 11:20 pm

Let me be clear you are not just fine because your job was advertised, you will only be fine if the following was done;

- if your job was first advertised in the last 6 months from the day your employer applied for your CoS
- if the advert was carried out such that it meets the RLMT requirements for your job as specified in the code of practice. See the link in my previous post.

So be aware that advertising your job isn't enough to satisfy the RLMT. There is a bit more to it. Ensure you read what requirements the RLMT must satisfy for the job.

kabalin · Post by **kabalin** » Sat Jun 04, 2011 11:09 pm

pricesoft wrote:Take a look at the page here and open the document that applies to you to see how to carry out RLMT for your job.

I think you are mistaken regarding RLMT. Titoyin will be switching from PSW, if he worked for 6 months at the time he will be applying, there is no need to conduct RLMT, no matter what sort of job he has, employer will just need to issue an "unrestricted" COS without any tests. See this (section ii) and this (Special arrangements section) for more details.

Post by **geriatrix** » Sat Jun 04, 2011 11:52 pm

kabalin wrote:I think you are mistaken regarding RLMT. Titoyin will be switching from PSW, if he worked for 6 months at the time he will be applying, there is no need to conduct RLMT, no matter what sort of job he has, employer will just need to issue an "unrestricted" COS without any tests. See this (section ii) and this (Special arrangements section) for more details.

titoyin wrote:I have about 2 months left. I intend to apply a week before the expiration date. Even if I wait till the expiration date, it would still mean 5 months 1 week and 4 days with my current employer. Still short by 2 weeks 3 days!

kabalin · Post by **kabalin** » Sun Jun 05, 2011 11:23 am

sushdmehta wrote:
titoyin wrote:I have about 2 months left. I intend to apply a week before the expiration date. Even if I wait till the expiration date, it would still mean 5 months 1 week and 4 days with my current employer. Still short by 2 weeks 3 days!

Ah, true. My mistake then, did not read the whole thread carefully.

titoyin · Post by **titoyin** » Sun Feb 19, 2012 8:47 pm

Back in 2009 when I needed help with my PSW visa, I came here to ask for advice. But soon after I got my visa I forgot about this place.
In 2011 when I wanted to switch from PSW to Tier 2, I remembered this place and registered again to get advice. I got my Tier 2 visa since last year but again I forgot to come and say thanks. This time, I won't wait till 2014.

Thanks to Pricesoft, Kabalin and Sushdmehta. Sushdmehta replied me both in 2009 and 2011. Thanks for always being there!

shanu123 · Post by **shanu123** » Wed Mar 07, 2012 11:14 pm

[quote="titoyin"]Back in 2009 when I needed help with my PSW visa, I came here to ask for advice. But soon after I got my visa I forgot about this place.
In 2011 when I wanted to switch from PSW to Tier 2, I remembered this place and registered again to get advice. I got my Tier 2 visa since last year but again I forgot to come and say thanks. This time, I won't wait till 2014.

Thanks to Pricesoft, Kabalin and Sushdmehta. Sushdmehta replied me both in 2009 and 2011. Thanks for always being there![/quote]

Hi, my husband is facing the same problem. Can you please let me know how you managed to get your Tier2 visa?

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Switching from Tier 1(PSW) to Tier 2: 5 months with Employer

Switching from Tier 1(PSW) to Tier 2: 5 months with Employer