Urgent Help Regarding Visa

[wadihawi]

Hi

I would like to enquire about application requirements for a skilled worker permit under the Tier 2 Sponsored Visa category. Below are facts regarding my current status and detailing the situation:

• Current Leave Visa Type: Post Study Work Permit (PSW)
• Visa Expiry Date: 06/07/2012
• Employed with current Employer: Almost 2 years
• Employer Applied for CoS in February, no decision yet heard from Home Office.

As Visa is running out soon, I have two options:
• Apply from within the UK; if CoS has been granted before Visa Expires
• Apply from outside the UK; Once CoS has been granted.
• Not sure if there are any other options – if yes, please advise.

Taking all of the above facts and scenarios into account:

In regards to:

• Labor Market Test:
As I am switching from PSW to Tier 2 Sponsored Visa, and I am currently employed with the same employer for almost 2 years, my employer should be exempt from the Labor Market Test. Is this the case with the new immigration rules? What if I apply from outside the UK, will this exemption still apply?

• Maintenance Funds:
As I am switching from PSW to Tier 2 Sponsored, I recall that all I am granted 10 points straight away for maintenance or all I needed to prove was £800 on the date of the application. Does this still apply under the new rules?
Apparently, I heard that the new rules state that I have to provide bank statements showing £900 minimum in my bank account for a consecutive period of 90 days, meaning that if this is true, even if I get the CoS on time, I still cannot apply until 90 days are over as I just managed to put aside the £900 due to this change in requirement. It is essential to clarify this point as this has a great impact on my action plan. Also Does this make a difference if applying from overseas?

• Certificate of Sponsorship (CoS)
What is the difference between restricted and unrestricted sponsorship licenses?
How is my sponsor granted an A-Rating License? As this is the only way around the 90 day waiting period to satisfy the maintenance funds requirement.
Also, My sponsor is willing to pay me paid leave until the sponsorship license is issued given that this does not infringe any of the UK immigration Laws. Is this possible? if yes, wouldn’t this be sufficient to show that my sponsor is willing to support me for the first month of stay? Also if I am paid, this will prove that I am able to support myself and not claim any benefits - which is the main purpose of this maintenance requirement. What If I apply from overseas? Will there be any difference?

• Immigration Visa Capp system
Is there any difference if applying from within the UK or from overseas in terms of the immigration capping system?

I am an integral part of the team in my company and my employer is willing to cooperate in order to get this sponsored visa sorted as soon as possible. I have been through all the relevant documentation, posts on this board as well as guidelines trying to find all sorts of information regarding the above questions, unfortunately, they are not that clear and sometimes the wording is ambiguous. Due to your extensive experience and knowledge within this field, I would like to ask for advice in regards to the above enquires as well as guidance towards the best route to seek to get this visa granted.

Your Advice is greatly appreciated.

Many Thanks and Best Regards,

Wadi Hawi

[sussexguy]

You do not need RLMT.
Your employer need to be registered as a sponsor with UKBA. If they are applying for that status, they will get unrestricted CoS when their licence is granted and you can apply through them. Otherwise, if you go back, you need restricted CoS.