switching from PSW to Tier 2...one CONFUSION...

[ajek01]

on page 18 of the policy guidance, it says:

'you can claim 30 points
if you have worked for your sponsor for a continuous period os at least six months immediately before the date of application. you must be applying to continue in the same job you are doing on the date of application'

situation:

I'm on psw and have been working for my company more than a year as an assistant office manager. Currently thinking of switching to tier 2. In the graduate list there is one title called- office manger. My company is willing to appoint me as an office manager with the appropriate salary.

Question:

Since I did not work more than 6 months as an office manger immediately prior to my application, will that be a problem? or will it be ok as long as i'm an office manager at the date of my application?

thanks in advance

[asif2009]

From Guidance notes:

"You must have worked for your current sponsor for a continuous period of at least 6 months immediately before the date of your application. You must be applying to continue to work in the same job that you are doing in the UK on your application date."


Therefore from this it looks like the job should be same for last six months before switching from PSW to Tier2 category.

[kb86]

I have exactly the same problem, I might be moving to a new role with the organisation I have been working for over 14 months now, but it's a different position with a higher salary. My PSW runs out on 4th Dec 2011, so if start early July it would not have been 6 months in the new role. But I read this on the UKBA website and it seems to say that it should be with the same company not necessarily the same role, so very confusing. Does anyone have a proper answer please??!!

(ii) Existing employees

You do not need to complete a resident labour market test if the migrant is already employed by you in the same job, and currently has permission to stay in the UK under:

Tier 1 (Post-study work);
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme; or
the Science and Engineering Graduates Scheme.

Exemption (ii) applies only if:

you have employed the migrant in the UK continuously for at least 6 months immediately before they switch into the Tier 2 (General) category, although they do not need to have been in the same job for the full 6 months; or
the migrant has been absent on maternity, paternity or adoption leave, or on long-term sick leave lasting for 1 month or longer, but has been employed by you for at least 6 months out of the last 18 months.

[ajek01]

Hi kb86, can you pls guide me where you got the following information (about exemption) from?

(ii) Existing employees

You do not need to complete a resident labour market test if the migrant is already employed by you in the same job, and currently has permission to stay in the UK under:

Tier 1 (Post-study work);
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme; or
the Science and Engineering Graduates Scheme.

Exemption (ii) applies only if:

you have employed the migrant in the UK continuously for at least 6 months immediately before they switch into the Tier 2 (General) category, although they do not need to have been in the same job for the full 6 months; or
the migrant has been absent on maternity, paternity or adoption leave, or on long-term sick leave lasting for 1 month or longer, but has been employed by you for at least 6 months out of the last 18 months.

[kb86]

It's the information given to employers who want to sponsor migrant workers.

http://www.ukba.homeoffice.gov.uk/emplo ... arkettest/

[ajek01]

'Exemption (ii)

you have employed the migrant in the UK continuously for at least 6 months immediately before they switch into the Tier 2 (General) category, although they do not need to have been in the same job for the full 6 months'

I think that's the answer to our query then. I think what it says there is you must be employed (this could be any position) for at least 6 months. But before you apply for your visa, you must be in the position which should match the code of practice/ cos job title. If that's true than we wont have to worry about being in the same position for 6 months.

Am i right there?

[kb86]

Yeah, that's what I am now thinking after reading it for a zillion time . I guess it would be the same for you as well, you would just have the show that you have been with the company for more than 6 moths, and moving to an office manager should not change anything