PSW to Tier 2 General

[Lebena]

Hi There

I have a few questions to ask with regard to transfer to Tier2 from PSW. First of all is PSW a work permit if yes then we are allowed to hold jobs at NQF level 3 right?
From 14 June 2012 applicants under Tier 2 (General) or Tier 2 (Intra
company transfer) must have an offer of a job at or above NQF 6 if they are:
 applying from abroad; or
 applying to switch into Tier 2 (General) from a different immigration
route.
Applicants who are currently working in the UK (either for you or for a
different employer) under Tier 2 (General), Tier 2 (Intra company transfer)
or a work permit must have an offer of a job at or above NQF level 3 if their
original grant of leave was made before 6 April 2011 or NQF level 4 or
above where their original grant of leave was made on or after 6 April 2011.

I was granted PSW before the 6th of April 2011 and started work with the current employer on 31 October 2011.

Another question I had to ask is does my employer who is willing to sponsor me have to conduct a labour market test? A couple of months back when i rang up the ukba office they said that since I plan to transfer from PSW to Tier 2 my employer is exempted from conducting the test. Does that still hold true?

As far as I understand there is no limit for salaries anymore as it was 20k earlier. I found one of the sponsorship codes for jobs at NQF level6 in the realm of public relations prescribing a minimum salary of 16k a year. So if my job role matches this code I only need to be earning 16 k although i earn 20 k a year?

I would appreciate any answers that could throw some light on these questions

Kind Regards

Lebena

[manci]

Work permits referred to in your quote have not been issued since the introduction of the PBS (November 2008). PSW is a Tier 1 sub-category.

You can only switch into Tier 2 General if the job is NQF level 6 (unless a shortage occupation). See the current codes of practice for job classifications: http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

You should read the Tier 2 policy guidance where you will find the answers to your other questions:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

RLMT - paragraph 86
Attributes and salary - paragraphs 61-66

[Lebena]

Hi Manci

Thank you for the prompt reply and highlighting the paragraph numbers for me.

However I am still not able to decide if I can go ahead and apply under code of practice 3433 my job title being Information and HR officer. I tend to do both the roles as ours is a very small charity consisting of 100 members.

I followed your advice and read paras 61 to 66. Once again in the table under paragraph 66 they are making no mention of PSW, they have mentioned other categories. Hence I am still unsure whether my salary should be at or above 20k. If my salary is 20 k am I still fine to apply under the title and code of practice mentioned above? The code of practice document states the minimum salary of an information officer to be 16k.

Please let me know your thoughts on this. I would be extremely grateful.

Kind Regards

Lebena

[manci]

Since you are not in any of the categories listed in the table at paragraph 66 unfortunately the £20k minimum salary will apply in your case.

With regard to the SOC code it is the employer's responsibility to determine it but there is a certain amount of flexibility in this regard. The guidance for sponsors says that

"It is important that you choose the SOC Code which contains the job description that best matches the role you want to recruit for even if the job title you use is different to the one in the Code of Practice"

[Lebena]

Hi Manci

Thanks for the reply. My employer will have to choose a code while they are applying to be a registered sponsor right ? And in order to justify why are they choosing a particular code do they need to send my job description to them (UKBA) or do they need to send the advert that they had posted on one of the websites initially which was back in September 2011?

Another question I had was like in the code I mentioned in my previous post, they do not mention a standard hourly salary instead they have mentioned various job titles with corresponding salaries some of them as low as 16k so how would ukba identify- out of the various job titles which one is my company opting for? Do they take a hint from the job title used or the job description sent? Just to verify, does the sponsor have to offer which ever is greater the 20k or the minimum appropriate salary?

I am aware that I am asking a lot of questions, I am really sorry and I don't really know someone that I could approach to seek help with regard to this issue. Thanks!

Kind Regards

Lebena

[manci]

If your employers are not yet registered as Tier 2 sponsors they should read the guidance and then apply for a sponsor licence:
http://www.ukba.homeoffice.gov.uk/sitec ... sguidance/

Once they are registered (currently takes 4 months+ from the time the application is submitted) they can assign a CoS to you. The SOC code and salary will be stated in the CoS, this is not part of the registration process. It is their responsibility to choose the appropriate SOC code, they only have to justfy it if and when asked, e.g. when UKBA visit them.

Regarding the RLMT it seems that you haven't read paragraph 86 of the policy guidance. Even if an RLMT were needed details don't have to be sent to UKBA only confirmed in the CoS that it had been done. BTW - an RLMT is only valid for 6 months.

In your case the salary will have to be the greater of £20k or the minimum stated in the code of practice

[manci]

the job title, description and SOC code will have to be given in the CoS which they will assign to you (once they have a licence)