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extending WP to Tier 2 ( some advice please)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

extending WP to Tier 2 ( some advice please)

Post by brian78 » Wed Sep 05, 2012 4:00 pm

hi
please could you advise what are the steps for my situation

i am actually on a work permit and my work permit is finishing in 2 months. the problem is that my employer does not want to give the letter to enable me to apply for the ILR but he is happy to extent my WP to a Tier 2.

the other problem is that i cant find any SOC code for my job title. so do i still have to do a resident market labour test for the extension.

please could u advise if you would know anything about that

thank you

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Sep 05, 2012 7:44 pm

What is the reason that your employer is not prepared to give you the letter in which he would need to confirm that
a) he still requires you for the employment in question and
b) that you are paid at or above the minimum stated in the codes of practice?

See the T2 policy guidance paragraphs 28 and 194 and 198. There is no RLMT for extension applications.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

If you are unsure what SOC code applies to your occupation, you may wish to
check the coding index of job titles on the Office for National Statistics website. http://www.ons.gov.uk/ons/guide-method/ ... index.html
This index lists thousands of job titles alphabetically and shows which is the relevant SOC code for each job.

It is important to choose the SOC Code which contains the job description that best matches the job even if the job title is different to the one in the Code of Practice.

brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

info

Post by brian78 » Wed Sep 05, 2012 8:09 pm

the reason for the employer not to give me this is because he is scared that i might leave the company if i get my ILR.
in case of tier 2, it will be more difficult to change employment.

thank you manci for the advise

would you know which documents i need to produce if i want to extend my WP to the Tier2

your help is of utmost importance

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: info

Post by manci » Wed Sep 05, 2012 10:03 pm

brian78 wrote:the reason for the employer not to give me this is because he is scared that i might leave the company if i get my ILR. sounds like coercion/blackmail

in case of tier 2, it will be more difficult to change employment. more difficult but possible

would you know which documents i need to produce if i want to extend my WP to the Tier2 you need to look at the T2 policy guidance (link above) and the application form:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

info

Post by brian78 » Thu Sep 06, 2012 12:02 am

thank manci for those updates.

sorry for asking too many questions but i am sure you know how stressful it is the end date for the visa is near

in the tier2 guidance it says
" Payslips covering the full specified
period from your sponsor"

what does it mean by full specified period, does it mean 5years work with the company or just 6 months. please advise

thanks in advance

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: info

Post by manci » Thu Sep 06, 2012 9:02 am

brian78 wrote:in the tier2 guidance it says
" Payslips covering the full specified period from your sponsor"

what does it mean by full specified period, does it mean 5years work with the company or just 6 months. please advise
Para 50 in the T2 policy guidance, where the above quote is from, doesn't apply to you. This para is about employees who are being transferred from abroad to the UK branch of their company under T2 ICT. They have to prove that they have worked for the company overseas during the 12 months preceding their application.

However, on p63 of the application form they say:
Evidence of proof of working
Payslips covering the full specified period from your sponsor The payslips must cover the full period of employment that you have declared in this application.

This is less clear although you are not actually "declaring" the period of your employment on the application. My personal opinionis is that a letter from your employer confirming that you have worked for them for the past 5 years under work permit arrangements, with perhaps your last 3 months payslips, will suffice but would suggest that you confirm this by ringing UKBA immigration enquiries (870 606 7766). Make a note of the date/time of the phonecall and the name of the advisor because all calls are recorded (you don't have to give your name). NB: the advice one gets from the helpline is not always totally reliable, it depends on how well the partcular advisor has been trained.

brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

info

Post by brian78 » Thu Sep 06, 2012 11:33 am

thank for the reply manci

you are so good with all your answers. all your answers are so helpful. :)

keep up the fantastic work you are doing for all those requesting help.

another thing i want ask, i have check on the SOC code, my job title is care coordinator but i can't see in the code. i dont know if it is too much asking but would you happen to know if there is any job titles similar to this title. i have seen code 6115 as similar but it says care worker.

please could anyone assist if possible

thank you

snkm
Newly Registered
Posts: 2
Joined: Thu Jan 19, 2012 2:07 pm

work permit to Tier 2

Post by snkm » Thu Sep 06, 2012 5:15 pm

Hi Brian,

I have got the similar situation.
As i understand you canot extend from WP to Tier-2, you can only switch from WP to Tier-2. and also you need Resident Labour Market Test as well.

If you know anything different please let me know as I will be applying in October for my switch.

cheers
snkm

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: info

Post by manci » Fri Sep 07, 2012 8:28 am

brian78 wrote:another thing i want ask, i have check on the SOC code, my job title is care coordinator but i can't see in the code. i dont know if it is too much asking but would you happen to know if there is any job titles similar to this title. i have seen code 6115 as similar but it says care worker.
It is not so much the job title that matters but what you actually do. Look at the link in my first post and try to find the job that is the nearest match to your actual job. In order for you to switch to T2 ICT the job has to be NQF level 3 or above.

The responsibility for determining the SOC code is actually the employer's, not yours, because they have to certify it in the CoS together with the appropriate salary. Have you asked them?

If you cannot find a job at NQF level 3 that matches your work you cannot switch to T2 ICT. In this case perhaps you could explain to the employer that the only way you can continue working for them is the ILR route, so if they want to keep you they have nothing to lose by giviing you the necessary letter for an ILR application.

The rules for ILR for work permit holders are in Immkigration Rule 134:
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
There is no requirement for the level of job but they have to pay you the appropriate salary as listed in Appendix J to the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

info

Post by brian78 » Fri Sep 07, 2012 2:39 pm

hi manci

thank you.

are you saying that to transfer from WP to tier 2, it is the tier 2 ICT and not the normal Tier 2 application. a bit confusing for me :)

regards

brian

brian78
Junior Member
Posts: 53
Joined: Wed Aug 01, 2012 2:20 pm

info

Post by brian78 » Sun Sep 09, 2012 10:33 pm

hi manci

i have just read something on UKBA

http://www.ukba.homeoffice.gov.uk/visas ... g/t2wform/
it says you can only apply extension if your visa was given for less that 2 year

is that right?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: info

Post by manci » Mon Sep 10, 2012 7:23 am

brian78 wrote: i have just read something on UKBA

http://www.ukba.homeoffice.gov.uk/visas ... g/t2wform/
it says you can only apply extension if your visa was given for less that 2 year

You are looking at the wrong form, T2(W) doesn't apply to you. To switch from work permit to T2 you have to use the application form:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf
and you must have a CoS before you apply

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