Company offering job is not a sponsor

[manibest]

HI

My 5 years on Tier 2 general will complete in 11 Feb 2017. But my current employer/sponsor is not paying me £35K. Therefore I am looking for a new role.

A company is offering me a job and paying £35K as well. But they do not hold a sponsorship license. They are now asking me two questions:

1) Is it possible to for me to get my ILR provided the company will submit to HomeOffice a formal unconditional offer letter with start date of 11 Feb 2017 with salary of £35K as confirmation that they will definitely hire me from this date after my ILR?

2) What is the procedure for company to get the sponsorship license if option 1 above is not possible?
Cost it will incur?
Time it will take to get the Tier 2 general sponsorship license?

Kind regards

[CR001]

1. No, not possible. You have to submit payslip(s) showing you meet the £35,500pa salary. How much are you short currently?

2. https://www.gov.uk/uk-visa-sponsorship- ... s/overview Once they have a licence (if approved), they then need to do the full and proper RLMT process before they can offer you the job and issue a CoS.

[eduleal]

The concept is that your current employer needs to want to keep you - and you need to earn 35k. Applying with a new employer lined up doesn't work.

This would only be possible if you change sponsors before applying for ILR. If they're able to get a licence AND pass the RLMT and you get a new visa approved, it could be done before the end of 6 years. To be on the safe side, you should probably wait until you have been on the new salary for a few months.

[manibest]

Hi,

Thank you for your kind answers. I am currently on 26500 with nine years of professional experience. And I could easily get a min of £40K from any employer if I didnt have this sponsorship issue.

I have been working with my current employer for over 6 years and I have already discussed the salary problem with my manager and they are unable to get it to £35K and will eventually loose me.

I have been trying to get a new job for nearly 2 years to get £35K but unfortunately couldnt get any sponsors.

My current visa is until Feb 2018 and there is no further extension as it will be end of 6 years on my Tier 2 general visa. what other options are out there for me please?

Regards

[CR001]

No other option on your current visa unfortunately.

What is your full immigration history in the UK?

[manibest]

I came to UK in Sep 2008 to do my masters. then I got PSW for two years until Feb 2012. in the mean time i started working for my current employer in Sep 2010. when my PSW was about to expire, my employer sponsored me and I changed to Tier 2 General in Feb 2012 for 3 years till Feb 2015. then I extended it for another 3 years until Feb 2018.

As soon as I heard of this £35K role, I discussed it with my manager and also started looking for new roles. unfortunate till date. My whole career will come to end if I have to leave UK. I will have to start my life from SCRATCH.....

Can I do contracting?? Like if I find an umbrella company who hires me, sponsor me, pay my salary and then send me on fixed term contracts to their clients. Is it possible???

I am severely being affected by this £35K rule and I do not have much time left as well. Please suggest me a way forward.

Kind regards

[Casa]

You are not permitted to work as a contractor while on a Tier 2 visa.

[eduleal]

From the story you've told - I believe the best chance would be for the employer that would hire you for >35k to get a sponsorship licence, do a full RLMT and, if passed, offer you a position.

You'd need to apply for another Tier 2 through them, which would only be valid until 02/2018, but once in that job and passed the 5 year mark, you could apply for ILR.

Never easy with these things, but not impossible.

[noajthan]

I came to UK in Sep 2008 to do my masters. then I got PSW for two years until Feb 2012. in the mean time i started working for my current employer in Sep 2010. when my PSW was about to expire, my employer sponsored me and I changed to Tier 2 General in Feb 2012 for 3 years till Feb 2015. then I extended it for another 3 years until Feb 2018.

As soon as I heard of this £35K role, I discussed it with my manager and also started looking for new roles. unfortunate till date. My whole career will come to end if I have to leave UK. I will have to start my life from SCRATCH.....

...

I am severely being affected by this £35K rule and I do not have much time left as well. Please suggest me a way forward.

Kind regards

Unfortunately Tier 2 does not exist simply to deliver you a dream job or a job for life; there are the needs of UK economy to factor in too. But you have evidently accumulated a wealth of valuable experience that will no doubt enhance prospects and opportunities in the future.