a little confused with Tier 2 Sponsorhip, please help

[talktonight]

Hi there!

Could anybody please explain the following:

What we have:
- a company currently does not have Tier 2 License and will apply for one in June
- a migrant who they want to employ is currently on Tier 4 Visa and is planning to apply for Tier 2 Visa in October this year.

Questions:
If I understood correctly, migrant can switch from Tier 4 to Tier 2 ONLY once he has a CoS number issued. Therefore my question is:
- if company receives License from UKBA, what's the procedure for applying for CoS? I mean if company applies for CoS, they need to provide all details of the employee that they're looking to hire. But how can they provide those details if the person is still under Tier 4 visa and currently not entitled to work?! Shall they write that his 'start date' is due in a couple of months?
After looking at the guidance for CoS, it seems to me that it's designed for those migrants who already has Tier 2 General visa and just changing employers.

Any help would be greatly appreciated.

[praveen golla]

@talktonight
Once an employer got Sponsorship UKBA will Provide Details to login SMS(Sponsorship Management System) there you can apply for CoS.
i am currently Switching from Tier1 to Tier2 where as in your case Switching from Tier 4 you need to go through RLMT (Resident Labour Market Test) you can find more details about this in Tier 2 Guidance Notes.

it's designed for those migrants who already has Tier 2 General visa and just changing employers

technically yes but you you still need CoS To switch into Tier 2.

[safajnaseef]

Hi there!

Could anybody please explain the following:

What we have:
- a company currently does not have Tier 2 License and will apply for one in June
- a migrant who they want to employ is currently on Tier 4 Visa and is planning to apply for Tier 2 Visa in October this year.

Questions:
If I understood correctly, migrant can switch from Tier 4 to Tier 2 ONLY once he has a CoS number issued. Therefore my question is:
- if company receives License from UKBA, what's the procedure for applying for CoS? I mean if company applies for CoS, they need to provide all details of the employee that they're looking to hire. But how can they provide those details if the person is still under Tier 4 visa and currently not entitled to work?! Shall they write that his 'start date' is due in a couple of months?
After looking at the guidance for CoS, it seems to me that it's designed for those migrants who already has Tier 2 General visa and just changing employers.

Any help would be greatly appreciated.

When the company applies to be a Tier2 Sponsor, It has to send a list of documents to prove that it is legitmate and it is following the law. When the home office accepts the company, it asks for the number of allocations for restricted and untristricted COS the company needs. This depends on how many migrant employees the company is expecting to recruite until 05/04/2014. The questions are general, for example (the number of emplyees under Tier 4, the number of emplyees extending under Tier 2, etc.).

Student under Tier 4 are allowed to switch to Tier2 when they graduate except for PhD students who need to finish 12 months only towards their study in order to switch.

One more thing, applicants switching from Tier 4 to Tier 2 are excempt from completing RLMT

[talktonight]

When the company applies to be a Tier2 Sponsor, It has to send a list of documents to prove that it is legitmate and it is following the law. When the home office accepts the company, it asks for the number of allocations for restricted and untristricted COS the company needs. This depends on how many migrant employees the company is expecting to recruite until 05/04/2014. The questions are general, for example (the number of emplyees under Tier 4, the number of emplyees extending under Tier 2, etc.).

Student under Tier 4 are allowed to switch to Tier2 when they graduate except for PhD students who need to finish 12 months only towards their study in order to switch.

One more thing, applicants switching from Tier 4 to Tier 2 are excempt from completing RLMT

thanks so much for your reply.

So basically the steps are:
- submit application + all documents to UKBA;
- receive (or not receive) License;
- inform Home Office how many CoS company needs (we need 1) and provide the details of the migrant (who's currently on Tier 4) who will be employed;
- let migrant apply for Tier 2 visa using issued CoS.

And for those Tier 4 migrants who completed studies and switching to Tier 2 no labor market test needed? Sounds perfect.

[damnmad]

@talktonight
Once an employer got Sponsorship UKBA will Provide Details to login SMS(Sponsorship Management System) there you can apply for CoS.
i am currently Switching from Tier1 to Tier2 where as in your case Switching from Tier 4 you need to go through RLMT (Resident Labour Market Test) you can find more details about this in Tier 2 Guidance Notes.

it's designed for those migrants who already has Tier 2 General visa and just changing employers

technically yes but you you still need CoS To switch into Tier 2.

do we really need to go through RLMT if switching from Tier 4, can you please show me these lines written in GUIDANCE.

Thanks.

[safajnaseef]

@talktonight
Once an employer got Sponsorship UKBA will Provide Details to login SMS(Sponsorship Management System) there you can apply for CoS.
i am currently Switching from Tier1 to Tier2 where as in your case Switching from Tier 4 you need to go through RLMT (Resident Labour Market Test) you can find more details about this in Tier 2 Guidance Notes.

it's designed for those migrants who already has Tier 2 General visa and just changing employers

technically yes but you you still need CoS To switch into Tier 2.

do we really need to go through RLMT if switching from Tier 4, can you please show me these lines written in GUIDANCE.

Thanks.

No need to complete RLMT if switching from Tier 4 to Tier 2.

Taken from
http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

You do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under:

1- Tier 1 (Post-study work);
2- The International Graduates Scheme;
3- The Fresh Talent Working in Scotland Scheme;
4- The Science and Engineering Graduates Scheme;
5- Tier 4 as a student and they have received final results confirming that they have passed and will be (or have been) awarded a UK recognised bachelor's or master's degree, or have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or
have completed a minimum of 12 months study in the UK towards a UK PhD.

[damnmad]

Thanks safajnaseef that's what i know so far, but i wondered when the above person(praveen.golla) said that Tier -4 need RLMT. Thank you so much for your clarification. It might help others who are looking to switch from Tier - 4.

[nisarmalik]

While applying for licence they will ask how many cos u want.
they will allocate cos with licence so u dont need to inform ukba.
Just ur sponsor has to assign this cos.