PSW to Tier2 without a contract

[polar]

Hi all

If a PSW is expired on 31/12/11 and the company contract ends on 30/12/11. Can a company issue the CoS to the employee in Jan?

Would the employee still count as working for the same employer for 6 months?

Is it leagal for the company to issue a temporary contract after the employee submit the Tier aplpicaiton in Jan 12?

Thank you very much for your help.

Wish you all a Merry Christmas!!

[geriatrix]

If a PSW is expired on 31/12/11 and the company contract ends on 30/12/11. Can a company issue the CoS to the employee in Jan?

The person will be"unemployed" on 31-12-2011, so the question "can a company issue a CoS to the employee in Jan" is not applicable for the person in question.

[polar]

If a PSW is expired on 31/12/11 and the company contract ends on 30/12/11. Can a company issue the CoS to the employee in Jan?

The person will be"unemployed" on 31-12-2011, so the question "can a company issue a CoS to the employee in Jan" is not applicable for the person in question.

Hi Sushdmehta,

Thanks for you reply.

I would like to clarify, does it means that that person does not qualify to switch from PSW to Tier 2 in this instance? That person has to apply the Tier 2 from scratch?

Thank you very much.

Merry Christmas!!

[geriatrix]

Every applicant makes an application from "scratch" - not from somewhere in the middle of the process!

1. If a Tier 2 leave to remain application is made in-time (on/before 31-12-11) then a Tier 1 (PSW) migrant may be eligible for some concessions (as specified in the Tier 2 policy guidance) provided the applicant fulfils the requirements for any such concessions (also specified in the policy guidance).

2. A Tier 2 leave to remain application submitted after expiry of Tier 1 (PSW) leave will be an out-of-time application and the person will be deemed an overstayer in the UK from 01-Jan-12 until the day the out-of-time application is approved. If refused, there will be no right to appeal given and the person will be an overstayer from 01-Jan-12 until the day he exits UK.

3. The person may exit UK within 28 days of expiry of current leave (an overstay of less than 28 days will not affect the outcome of any entry clearance application in the future) and make an entry clearance application for Tier 2 from outside the UK on the basis of a restricted CoS (the requirements for which are explained in the policy guidance).

[polar]

Thank you very much. I am sorry that there are still 2 queries.

For situation 2,

1) Is that application still be able to exempted from some concessions mentioned in situation 1 and issue the CoS?
2) can a temporary contract be issued to that person on the day when the application is submitted?

Wish you have a Merry Christmas and Happy New Year!! ^____^

[arsenal49]

you have TWO separate issues that you MUST be clear about, at least in your head.

1. Immigration Issue
2. Your contract issue

To solve Issue #1, you need to be sponsored by a company who is on register of sponsors

Company cannot legally EMPLOY you if you have not got permission to work in UK. so your 'temp contract' makes no sense!

Your option is to:
1. Submit a valid Tier 2 app before expiry of your current visa.
Then, you can continue working while your app is being decided. (assuming your employer wants you to keep employed)

To find out about concessions for PSW holders, read policy guidance