PSW to Tire 2

[sanny223]

Hi

I am little confused with the new rules

I am above 26 earning 25 000 Soc code is software developer which has a new entreat salary range as 24 000.

Can I apply for Tire 2 company sponsorship
if Yes


Then who is getting affected by

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf this

[Andy12]

If you are currently with PSW, while moving to Tier 2 in-country switch you come as new entrant category according to UKBA. DOES NOT matter how experienced you are in your field. You are exempted from RLMT as well. Also remember the new entrant salary is based on 39 hours per week. So if you work 35 / 37.5 hours per week, your salary can go below of the new entrant rate mentioned in the policy list.


Source: Personal experience.

I am not sure what is on your link, as it is not opening.

Hope this helps.

Andy

[sanny223]

Hi Andy

Thanks for the quick response .Is there a age restriction my company says I should be less than 25 to apply for new entrant

is this true if it is not where I can find prof of evidence ?


cheers
Saneera

[Andy12]

Hi Andy

Thanks for the quick response .Is there a age restriction my company says I should be less than 25 to apply for new entrant

is this true if it is not where I can find prof of evidence ?


cheers
Saneera

I am not sure if your potential employer has read all the necessary documents to understand their role and how sponsorship system works.

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

Please read the Appropriate salary rate section from this page.

Hope this helps.
Andy

[sanny223]

Hi Andy

Thanks .
I called the UKBA they said there is no age restriction but

I found the following document which specify other wise

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

page 5 Thresholds

Can you clarify this if possible .

[Andy12]

http://www.immigrationuk.co.uk/articles/display/128/

This link should clarify threshold questions.

Hope this helps,
Andy

[sanny223]

Is this mean that new entrant should below 26 ?

[Andy12]

Is this mean that new entrant should below 26 ?

I am not sure if you have read the link I gave you.

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/


It clearly says

(d) Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5, the "new entrant" rate will only apply if the applicant:

(i) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,

(ii) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,

(iii) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, or

(iv) was under the age of 26 on the date the application was made,

and is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.

The "experienced worker" rate will apply in all other cases.

Age and Salary threshold are completely different matters, and if you are with PSW now, [which you did not clearly mention anywhere, only the thread title gives a subtle idea], based on above directions and your salary , you are qualified for SOC 2136 and eligible for Tier 2 In-country [i.e. unrestricted] General visa.

Hope this helps.
Andy

[sanny223]

Yes I am in PSW salary is more than 24 000 and age is more than 26 .

company says

http://www.immigrationuk.co.uk/articles/display/128/
they have to follow this rule .

but

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

this is confusing right ?

[manci]

there is no confusion, the Immigration Rules, as quoted by Andy on 3 Dec are the law.

Applicants switching fom T1 PSW to T2G qualify for the new entrant rate and any applicant under 26 also qualifies. These are two separate criteria

[sanny223]

So you guys think I can challenge the company decision ?if they decide not to sponsor me just because of my age

[Andy12]

So you guys think I can challenge the company decision ?if they decide not to sponsor me just because of my age

I am not sure what you can do coupled with the knowledge/information we have given to you. That's up to you. We provided you the law and rules. You really should hire an immigration lawyer if you want to challenge.

[sanny223]

I do not know where the problem is .There is direct conflicting rules

This is the document which specify that I cannot be given a sponsor certificate because of the age

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

(Page 5 )

Please refer to this which is used to fill the visa applications

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

please refer to “Appropriate salary rates” section


where is the problem what should I do ? Any advises

[Andy12]

there is no confusion, the Immigration Rules, as quoted by Andy on 3 Dec are the law.

Applicants switching fom T1 PSW to T2G qualify for the new entrant rate and any applicant under 26 also qualifies. These are two separate criteria

[sanny223]

Thanks Andy for your help

It is hard to make my HR manager understand .She is always going back to UKBA and telling me that it is not possible .


What should I do to convince her .I have sent these documents to her .She has sent it to UKBA and they have accepted there is a conflicting rules .

what should I do any advises .

Your time and effort is much appreciated.

Thanks

Saneera

[manci]

Two things you can do:

1
print out and give her a copy of paras 203-205 of the Tier 2 Guidance for Sponsors (pages 36/37) where the rules are clearly spelt out
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

2
ask her to call the employer helpline on 0300 123 4699, they will confirm the rule.

[sanny223]

Thanks you guys

I would like to thank you guys personally .

I can kick this bitch now .She was scolding me whole week .They have promised me when I joined the company.


This clarifies everything .I am sure with in 3 years I can hit the experienced salary range with out a problem .

Thanks you again would like to thank personally If I could .

Saneera