Tier 2 query

[gentleman]

Hello everyone,

My status is as follows:

I am currently on Tier 1 General visa and my visa will be expired on 05/05/2013. My company would like me to keep working for them. My current salary is 25K and they would keep me under the 'Programmer' job, the minimum salary requirement for Programmer is £26K. My salary review will be conducted in April and my salary will be increased to £26K+. My company doesn't have Sponsorship license and they will apply for it in a couple of days. I have following questions:

1) I'll be transferring from Tier 1 General to Tier 2 General so does my company need to advertise this job, if yes then how long the job needs to be advertised?
2) Will I qualify under Unrestricted COS since I am already in UK under Tier 1 and will be transferring to Tier 2?
3) If my company's application for license is pending when my visa expiry date arrives, will I have to go out of the country and apply from my home country once the company has received its license?
4) Will my company need to mention 0 Restricted COS during their application if I qualify under Unrestricted COS?
5) If my company has to advertise the job, then can they advertise the job even if their sponsorship application is pending?

Could you please answer above questions and if you could also inform me of any other related issues as per above scenario that you may be aware of?

Thank you in advance for your help.

[Basharat81]

First thing that I will suggest you to renew you tier 1 general visa. Because after this extension next time you will be eligible for ILR

Answers to your questions:
1) As I think no they don’t need
2) Yes
3) Once you will leave the country then you need restricted, and company need to perform labour market test. Apply as soon as possible and they will be able to get the licence before your date. And if your date will be near then they can request to UKBA and they can issue licence in time.
4) No they don’t need, as I think they will need to mention that they want to apply for you. I mean your name might be in application somewhere.
5) Not sure but I think they can advertise any time.
You should maintain your maintenance funds in time; you have to save £ 900 for 90 consecutive days