Work Sponsorship

[walrusbeatle]

Hi there.
I'm hoping you could offer me some insight and advice?

I'm an Australian living and working in the UK, and currently hold a Tier 5 Youth Mobility Visa, which expires on the 19th of July 2014.

I'm currently working as an agency worker for a building maintenance company as an electrical maintenance engineer.

I have been offered a full time position, with the option of sponsorship being looked in to.

I have spoken with the HR department, who have informed me that in order to issue a certificate of sponsorship, they have to advertise the job position throughout Europe, and even if I am the most qualified, the job will have to go to an European national. The job has been advertised internally throughout the company. (The company is large and is present throughout Europe)

I understand that I cannot switch from a tier 5 to a tier 2 visa, and that I will have to return to Australia to lodge the application.

My questions are, how accurate is the process that the HR department have informed me of, what are the odds of the UKBA approving a sponsorship, will having a tier 5 visa affect my application, and what other options do I have?

I have no UK ancestry.

[manci]

The T2 requirement is for carrying out a resident labour market test (unless the job is a shortage occupation) which has to show that there is no suitable applicant from the settled workforce.

Advertising in Europe is likely to be an internal company rule, it is not to do with UK immigration.

[physicskate]

Hi there.
I'm hoping you could offer me some insight and advice?

I'm an Australian living and working in the UK, and currently hold a Tier 5 Youth Mobility Visa, which expires on the 19th of July 2014.

I'm currently working as an agency worker for a building maintenance company as an electrical maintenance engineer.

I have been offered a full time position, with the option of sponsorship being looked in to.

I have spoken with the HR department, who have informed me that in order to issue a certificate of sponsorship, they have to advertise the job position throughout Europe, and even if I am the most qualified, the job will have to go to an European national. The job has been advertised internally throughout the company. (The company is large and is present throughout Europe)

I understand that I cannot switch from a tier 5 to a tier 2 visa, and that I will have to return to Australia to lodge the application.

My questions are, how accurate is the process that the HR department have informed me of, what are the odds of the UKBA approving a sponsorship, will having a tier 5 visa affect my application, and what other options do I have?

I have no UK ancestry.

Is this a graduate position? There are other requirements for Tier 2 sponsorship besides passing the RLMT, namely that the position needs to meet NQF 6 level responsibilities (basically that it is a graduate level position, even if you are not a graduate). You can check out the SOC codes for yourself to see if your job description is in line with the position of 'electrical engineer', or another NQF 6 level position. There is also an earnings requirement, which is given in the SOC codes.

Good luck.

[walrusbeatle]

Thanks for your replies.

My position is a NQF 4, and a resident labour market test (RLMT) needs to be carried out.

My employer would like to keep me on, as I am currently working there and know the site. I am the first preference.

What are my odds, and is there anything I can do to help my chances of sponsorship and a tier 2 visa?

Thanks again.

[Jeeves]

Skill level is too low to be sponsored.

See 77E here: http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

[physicskate]

Thanks for your replies.

My position is a NQF 4, and a resident labour market test (RLMT) needs to be carried out.

My employer would like to keep me on, as I am currently working there and know the site. I am the first preference.

What are my odds, and is there anything I can do to help my chances of sponsorship and a tier 2 visa?

Thanks again.

Unless your job falls into the creative sector, NQF 4 will be insufficient to support job sponsorship. You can only be sponsored for a post of NQF 6.

From the guidance:
If you are applying to work in the UK, the Certificate of Sponsorship must confirm that the job is at NQF level 6 (or the equivalent in Scotland) as stated in the codes of practice or in a creative sector occupation skilled to NQF level 4 (or the equivalent in Scotland) as
Tier 2 Policy Guidance (Version 10/2013) - Page 17 of 59
listed in the Tier 2 & 5 Sponsor Guidance, or the job is at NQF level 4 and appears on the list of shortage occupations. This does not mean that you must be educated to this level, it means that the job is at that level. The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job.

Just because your employer would like to keep you on does not always make it possible...

Thems the rules.