PSW Tier 1 to Tier 2 General. One confusion- PLEASE HELP :?

[amsingh]

hi

Im currently on psw visa and work as a chef in company listed as tier 2 a rated sponsors in register of sponsors.
Im working with them for last two years. I have UK degree for english language proof and even have recent ielts with score of 8.0 bands. so all good till here. now my confusion starts:

1. i was going through the ukba website and i didnt understood what the meant by this:

" You can be assigned a certificate of sponsorship and score 30 points if you are switching from:
Tier 1 (Post-study work). "

my confusion is does that mean i will be automatically assigned certificate of sponsorship without my employer had to apply it for me before i send application or its just me who thinks that what it means. I mean they have not asked for certificate of sponsorship they said you will be assigned one.

also when we check documents required for psw switcher all the ask for is two proofs to show atleast six months of employments with the employer.

2. they require £20000 as salary. is it for the future earning or for the it should also be for the period of last six months with employer??

Sorry for long message... i just wanted to convey my question clearly.

Thanks

Am

[geriatrix]

1. Your employer applies for a unrestricted CoS and assigns it to you upon receiving it from UKBA. You (the applicant) then applies for leave to remain on the basis of that CoS.

2. The salary offered by the employer (for the job for which you are applying for leave) must be according to the appropriate rate mentioned in the Codes of practice (and must not be less than 20K). So, if you the job under Tier 2 is going to be the same as you currently do under Tier 1 (PSW), then your present salary must be at least equal to the appropriate rate and not less then 20K.

[PaperPusher]

How much experience did you have as a chef before you started your current job? What sort of chef job was this?

hi

Im currently on psw visa and work as a chef in company listed as tier 2 a rated sponsors in register of sponsors.
Im working with them for last two years. I have UK degree for english language proof and even have recent ielts with score of 8.0 bands. so all good till here. now my confusion starts:

1. i was going through the ukba website and i didnt understood what the meant by this:

" You can be assigned a certificate of sponsorship and score 30 points if you are switching from:
Tier 1 (Post-study work). "

my confusion is does that mean i will be automatically assigned certificate of sponsorship without my employer had to apply it for me before i send application or its just me who thinks that what it means. I mean they have not asked for certificate of sponsorship they said you will be assigned one.

also when we check documents required for psw switcher all the ask for is two proofs to show atleast six months of employments with the employer.

2. they require £20000 as salary. is it for the future earning or for the it should also be for the period of last six months with employer??

Sorry for long message... i just wanted to convey my question clearly.

Thanks

Am

[amsingh]

1. Your employer applies for a unrestricted CoS and assigns it to you upon receiving it from UKBA. You (the applicant) then applies for leave to remain on the basis of that CoS.

2. The salary offered by the employer (for the job for which you are applying for leave) must be according to the appropriate rate mentioned in the Codes of practice (and must not be less than 20K). So, if you the job under Tier 2 is going to be the same as you currently do under Tier 1 (PSW), then your present salary must be at least equal to the appropriate rate and not less then 20K.

Thanks alot sushdmehta.
my current salary is more than 20k but its recently be raised to 20k with the promotion. would that be okay or do i have to wait for sometime before i apply for the visa. My current leave expires nov 2011.

Please guide.

[amsingh]

How much experience did you have as a chef before you started your current job? What sort of chef job was this?

Hey thnaks for your reply...

Im working as Sous chef with wagamama s. I didnt have much experience as chef before i started here but i am with wagamama now for last 2 years as chef. I also have b Sc in hotel management and a mba afterwards.

does all these things matter??? I mean i didnt find anything in regard to job position or experience mentioned anywhere when we switch from psw to tier 2 general.

Am

[Greenie]

How much experience did you have as a chef before you started your current job? What sort of chef job was this?

Hey thnaks for your reply...

Im working as Sous chef with wagamama s. I didnt have much experience as chef before i started here but i am with wagamama now for last 2 years as chef. I also have b Sc in hotel management and a mba afterwards.

does all these things matter??? I mean i didnt find anything in regard to job position or experience mentioned anywhere when we switch from psw to tier 2 general.

Am

I stand to be corrected but I don’t believe your employer will be able to issue you a CoS/you won’t be awarded points for the CoS if they do issue you with one, as the occupation is not graduate level (it doesn’t appear on the list of graduate level occupations and is not on the shortage occupation list.

Chefs do appear on the shortage occupation list but only if the pay is at least £28,260 per year after deductions for accommodation and meals, AND the job requires five or more years relevant experience AND the job is not in a standard fare outlet (I am not sure whether the last part applies to Wagamamas but certainly from what you have said, you don’t meet the requirements for pay or experience in order to get the points for a COS for this job.)

[amsingh]

I stand to be corrected but I don’t believe your employer will be able to issue you a CoS/you won’t be awarded points for the CoS if they do issue you with one, as the occupation is not graduate level (it doesn’t appear on the list of graduate level occupations and is not on the shortage occupation list.

Chefs do appear on the shortage occupation list but only if the pay is at least £28,260 per year after deductions for accommodation and meals, AND the job requires five or more years relevant experience AND the job is not in a standard fare outlet (I am not sure whether the last part applies to Wagamamas but certainly from what you have said, you don’t meet the requirements for pay or experience in order to get the points for a COS for this job.)

thanks alot for your reply.

as far as i know my job does not need to be a graduate level or on skilled shortage list as i am switching from psw visa. the reqired salary should be minimum £20000 to claim 20 points. so together with 30 points for switching from psw visa i should score 50 points. i have a uk degree to claim for english and doesnot need to show maintenance funds as i am switching from psw.

this is how i think i should be able to apply for tier 2.
please correct me if any what i wrote here is wrong. (i hope im correct otherwise i start packing my bags...)

thank you

Am

[ajek01]

£20,000 is the minimum for any job whether it is under shortage occupation list or on graduate scheme. You will also have to be paid the appropriate salary, which differs from job to job, in your case the appropriate salary is £28,260. Therefore to get the 20 points you do need to be paid £28,260 minimum.

[Greenie]

as far as i know my job does not need to be a graduate level or on skilled shortage list as i am switching from psw visa. the reqired salary should be minimum £20000 to claim 20 points. so together with 30 points for switching from psw visa i should score 50 points. i have a uk degree to claim for english and doesnot need to show maintenance funds as i am switching from psw.

this is how i think i should be able to apply for tier 2.
please correct me if any what i wrote here is wrong. (i hope im correct otherwise i start packing my bags...)

thank you

Am

See paragraph 71 of the policy guidance

Applications for Entry Clearance or Switching into Tier 2 (General) made on or after 6 April 2011
If you are applying to work in the UK on or after the 6 April 2011 the Certificate of Sponsorship must confirm that the job is at graduate level (either because it is in a graduate occupation or is in a job listed on a shortage occupation list). The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job.