URGENT ASSISTANCE REQUIRED FOR PSW - TIER 2 APPLICATION

[milleniumguy]

Hi All,

Seriously need your assistance with my Application for Tier 2 Visa. Let me briefly expalin my present situation.

I am currently on PSW (Post Study Work) Visa expiring by Mid December. 2 Months back my company applied for Tier 2 License, they received it last week and COS as well. I am currently working for my employer since almost 1.5 years so,

1) I believe I don't have to go through Resident Labour Test?

2) Neither I need to show £800 funds in my bank?

3) Does the job title has to match exactly to what is on GRADUATE OCCUPATION LIST? If we have used something else what are the chances of getting the visa? Is there any evidence/clause anywhere on the UKBA terms and condition which backs/support this statement?

4) If the COS is issued does that mean a guaranted VISA?

5) Does Salary has to match the Graduate Occupation List? My COS says £20K and title has been used Junior Support Engineer SOC Code 5242 from below link
http://www.ukba.homeoffice.gov.uk/sitec ... tables.pdf
?view=Binary

6) If Visa got rejected for any reason - what are the chances of appealing based on my scenario

Thank you very much for considering

Best Regards,

[madona587]

Hi All,

Seriously need your assistance with my Application for Tier 2 Visa. Let me briefly expalin my present situation.

I am currently on PSW (Post Study Work) Visa expiring by Mid December. 2 Months back my company applied for Tier 2 License, they received it last week and COS as well. I am currently working for my employer since almost 1.5 years so,

1) I believe I don't have to go through Resident Labour Test?

Yes you are right. No need for RLMT


2) Neither I need to show £800 funds in my bank?

Yes you are right. Make sure your employer checks "maintains funds on behalf of the migrant" checkbox when assigning the COS.

3) Does the job title has to match exactly to what is on GRADUATE OCCUPATION LIST? If we have used something else what are the chances of getting the visa? Is there any evidence/clause anywhere on the UKBA terms and condition which backs/support this statement?

You must first check the SOC for your job description followed by the job title and then see how much you must earn for that title. It doesn't have to be an exact match but you have to find the job description which is the closest match to what you are doing.

4) If the COS is issued does that mean a guaranted VISA?

No. make sure your job title, job description & Salary match. There is no guarantee. If you provide them the correct SOC with salary you will be fine.

5) Does Salary has to match the Graduate Occupation List? My COS says £20K and title has been used Junior Support Engineer SOC Code 5242 from below link
http://www.ukba.homeoffice.gov.uk/sitec ... tables.pdf
?view=Binary

Minimum salary is 20K, It's usually higher depending on your job title. If SOC requires an X amount you must be paid that amount or higher. You don't have to get paid that X amount before you apply. however you must be paid the required X amount when you make the application. Some job titles calculate salary based on hourly rate rather than an annual salary so make sure to check your working hours and do the math correctly. If your job is required an annual pay you can put 37.5 - 40 hrs per week

6) If Visa got rejected for any reason - what are the chances of appealing based on my scenario

If your visa gets refused and your leave to remain already ran out you usually get an appeal. If your visa is refused and you still have PSW left then you wont get an appeal As far as I'm aware. I'm not 100% sure about this so wait for an experts advice

Thank you very much for considering

Best Regards,

[arsenal49]

2) Neither I need to show £800 funds in my bank?

Yes you are right. Make sure your employer checks "maintains funds on behalf of the migrant" checkbox when assigning the COS.

care to elaborate on that? i have not seen it mentioned anywhere in the guidance notes etc. as a requirement, to score maintenance points!!

Claiming points

151. You can claim 10 points if:
• you score 30 points for switching from a post-study category (This applies to incountry applications only); or
• you currently have entry clearance, leave to enter, or leave to remain as a Tier 2
Migrant; work permit holder; Jewish Agency Employee; Member of the Operational
Ground Staff of an Overseas-owned Airline; Minister of Religion; Missionary; Member
of a Religious Order; or Representative of an Overseas Newspaper, News Agency or
Broadcasting Organisation; or
• your A-rated sponsor certifies on the certificate of sponsorship that they will maintain
and accommodate you up to the end of your first month of employment in the United
Kingdom if required. Your sponsor may limit the amount of the undertaking but any
limit must be at least £800; or
• you have personal savings of at least £800 which must have been held for a
consecutive 90 day period ending no more than 1 calendar month before the date of
your application.

[milleniumguy]

can someone further please shed more light on my situation or someone who has been through same phase.

Thank you

[arsenal49]

could you please provide your opinion about my job title and salary

i can't find soc code 5242 on that link!!

[geriatrix]

SOC 5242 is not in theTier 2 codes of practice for jobs at or above graduate level, but in Tier 2 codes of practice for jobs at or above NVQ level 3.

[milleniumguy]

could you please provide your opinion about my job title and salary

i can't find soc code 5242 on that link!!

Hi,

Sorry, the correct link is
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you for your advise

[milleniumguy]

SOC 5242 is not in theTier 2 codes of practice for jobs at or above graduate level, but in Tier 2 codes of practice for jobs at or above NVQ level 3.

so what r the chances or your opinion?

[arsenal49]

it is my understanding that ALL those who are switching from psw (as opposed to old work permit stream) must be able to find a job in code of practice at or above Graduate level.

Thats an absolute minimum requirement. So, you should look into this code of practice to stand any chance.

[madona587]

2) Neither I need to show £800 funds in my bank?

Yes you are right. Make sure your employer checks "maintains funds on behalf of the migrant" checkbox when assigning the COS.

care to elaborate on that? i have not seen it mentioned anywhere in the guidance notes etc. as a requirement, to score maintenance points!!

Claiming points

151. You can claim 10 points if:
• you score 30 points for switching from a post-study category (This applies to incountry applications only); or
• you currently have entry clearance, leave to enter, or leave to remain as a Tier 2
Migrant; work permit holder; Jewish Agency Employee; Member of the Operational
Ground Staff of an Overseas-owned Airline; Minister of Religion; Missionary; Member
of a Religious Order; or Representative of an Overseas Newspaper, News Agency or
Broadcasting Organisation; or
• your A-rated sponsor certifies on the certificate of sponsorship that they will maintain
and accommodate you up to the end of your first month of employment in the United
Kingdom if required. Your sponsor may limit the amount of the undertaking but any
limit must be at least £800; or
• you have personal savings of at least £800 which must have been held for a
consecutive 90 day period ending no more than 1 calendar month before the date of
your application.

Arsenal you are correct. It's not mandatory for the employer to check this option but it always helps. I should have word it in a better way. My apologies.