Tier 2 Shortage Visa Questions

[mulliganeva]

I'm a Canadian Chef. I've come over to the UK to apply for jobs. When I am offered a job I will return to Canada to apply for my sponsorship visa. My worry is the articles I have read about people being refused a visa due to the quotas being met each month. This has been happening since January consecutively and it apparently means that the minimum salary they are accepting needs to be 50000. Where originally it was 30000. I don't know if this applies to Chefs or everyone or how it will affect my application. I'm worried about making the commitment to fly home (1000$) expedite my visa (priority) and then be refused. It will be a big expense for me. Has anyone been through this process and have any advice? Also, does anyone know of any loop holes that would allow me to make my application in a close by country like Ireland instead of going all the way back to Canada. Thank you.

[CR001]

The minimum income requirement is £30k pa or the salary stated in the SOC, Whichever is higher. It is not £50k minimum.

Thr points have come down this month if your read through the August RCoS topic a bit below your topic.

You can only apply for a UK visa in a country you have legal residence in, ie not in a country as a tourist or on a visitor visa.

[mulliganeva]

That's great news! Thank you so much for your reply! Do you know what the points are now, is there a link to this information or an article I can read? I found it difficult to get up to date information. Everything is back dated up until March only from what I can find. I am on my small screen phone and cannot see the posts very well.
The only other challenge is that the job I'm applying for is offering 29750. I will have to ask them to make it 30,000 to approve my application. Thanks!

[mulliganeva]

Also, I've just found this article. I'm not sure but it states that the minimum salary is at an all time high of 60000. But that the points have gone down to 60? Very confusing ....

Third party immigration company Web link removed.

[CR001]

Don't confuse the difficulty in getting an RCOS with the immigration rules, the latter stating clearly what the requirement is as I have already posted. The former being the demand for the limited supply and also note that doctors and nurses have now been removed from the monthly allocation rcos process.

Points this month have come through with rcos approved at 31 points. As I said, read through the August RCoS allocation thread/topuc.

[CR001]

Forgot to mention that a shortage occupation is exempt from the £30k minimum (on my mobile today so missed that, sorry) but you must meet the level stated in the SOC, which you is??

[mulliganeva]

Wow, how do you know so much! Yes, I think I am confusing the SOC and RCOS. I'm not really sure of the difference. I will do my research. 31 points is good and medical staff being taken off will give more space for the rest of us. I think this is my category: In which case I need to ask my employer to give me 600pounds more a year. Honestly! THank you so much. This is the most helpful site. It's a life saver and it's giving me my hope back. Thanks!!! I'm looking for the ROCS thread. Where can I find it?

5434 Chefs Example job tasks:
• requisitions or purchases and examines foodstuffs from suppliers to ensure quality;
• plans menus, prepares, seasons and cooks foodstuffs or oversees their preparation and monitors the quality of finished dishes;
• supervises, organises and instructs Spam staff and manages the whole Spam or an area of the Spam;
• ensures relevant hygiene and health and safety standards are maintained within the Spam;
• plans and co-ordinates Spam work such as fetching, clearing and cleaning of equipment and utensils.

Related job titles:
• Chef
• Chef-manager
• Head chef
• Pastry chef

Jobs within SOC which are skilled to RQF 3 (other jobs are lower-skilled):
• Skilled chef jobs where the pay is at least equal to the appropriate salary rates shown and the job requires three or more years relevant experience

Salary rates: Skilled chef as defined in the Shortage Occupation List in Appendix K: £29,570

[Source: Migration Advisory Committee]

Other chef: £15,600

[Source: Annual Survey of Hours and Earnings 2016]

All rates apply after deductions for accommodation, meals, etc. Any overtime must also be paid at least at these rates.

[CR001]

If that is the SOC you are getting and applying under, then you only have to meet the salary as stated as it is a shortage occupation on Appendix K.

Salary rates: Skilled chef as defined in the Shortage Occupation List in Appendix K: £29,570

August RCoS Allocations link below. We open one for every month and is only for RCoS approvals and points posts, ie not visa or general queries.

uk-tier-2-employer-sponsored-visas/augu ... 61187.html

[mulliganeva]

I'm wary of over extending my stay while I'm here arranging for a job. In one section I read that Canadians can stay for 6 consecutive months without a visa as a visitor. In another section I read it was 3 months. Any info on that would be grand. Thank you.

[CR001]

You could stay for 6 months, but cannot work or use NHS or rent properties etc.

You are in the UK on a visitor visa as that is what you are stamped in as when you arrive. Your passport will have clearly been stamped with the 6 months condition and no recourse to public funds.

How long did you state on arrival that you were planning to stay and what the purpose of your visit was?

[mulliganeva]

Sorry, I keep thinking of things I should clarify. It says I can take on a second job but that I need to again apply for sponsorship. I want to work on the weekends as an interior designer but it's not on the list. I guess this means I cannot do it? Or are there exceptions if you want to do work/learning experience at the same time and get qualified in something else while working my chef day job? I also find I will need to do this because compared to what I make at home it's a low salary. Also, can I be a busker for charity. I sing and do this at home to raise monies. Will they let me do this legally. Thanks!

[mulliganeva]

I wasn't sure how long I was going to stay, because originally I wasn't looking for work. But after a month I heard about an opportunity that I did not want to miss out on. Since then I have been speaking with this particular employer in order to be hired. If I do get an offer, I will fly home to apply for the visa and then come back to begin working. I will not work here during my visit, only after I go and come back legally to work. But when I return legally to work, I will need to work two jobs. Hence the other question I had....... Thanks! .....

"Sorry, I keep thinking of things I should clarify. It says I can take on a second job but that I need to again apply for sponsorship. I want to work on the weekends as an interior designer but it's not on the list. I guess this means I cannot do it? Or are there exceptions if you want to do work/learning experience at the same time and get qualified in something else while working my chef day job? I also find I will need to do this because compared to what I make at home it's a low salary. Also, can I be a busker for charity. I sing and do this at home to raise monies. Will they let me do this legally. Thanks!"

[CR001]

The guidance is clear on what type of work you can do outside of your normal sponsored job. It usually has to be the same profession and at the same level as your sponsored job and no more that 20 hours per week and must Be PAYE employment t and not self employment.

If you want to do work that is different, you will need a sponsor and an addendum or additional visa.

[mulliganeva]

Thanks, you're amazing! Ok, so this addendum. How do I go about gaining an addendum? Do I go into the home office to speak to someone, a case worker? I want to work the extra 20 hours a week as an interior designer but that is not on the shortage list. I'm not sure if I can create an addendum to include this as my supplimentary work? thank you!

[CR001]

Not sure why you must do two jobs. However, the guidance notes are very clear on the requirements.

https://assets.publishing.service.gov.u ... evised.pdf

Supplementary employment
226. You do not need to inform us of any supplementary employment, as long as it is:
• in either a job which is included on the Shortage Occupation List in Appendix K of the
Immigration Rules, or a job in the same profession, and at the same professional level,
as the work for which your Certificate of Sponsorship was assigned; and
• no more than 20 hours per week; and
• outside of the normal working hours for which your Certificate of Sponsorship was
assigned.
In addition, you must continue to work for your sponsor in the job recorded on your Certificate
of Sponsorship.

To work in another category of job, you will need a second Tier 2 sponsor and a visa and must meet all the standard Tier 2 requirements including RLMT. If the job is not on the HO approve list of SOCs, you cannot be sponsored by a second employer.

Secondary employment applications
228. You will need authorisation for any additional work not covered by supplementary or
voluntary work. The secondary employment must be with a licensed sponsor and you will
need a new Certificate of Sponsorship from that sponsor.
229. This application will be considered separately from your first application and must meet the
full Tier 2 criteria by itself. You must meet all the points requirements, which may include
your new sponsor carrying out a resident labour market test.
230. You must include a letter with the application explaining that you wish to vary your existing
leave. The letter must also include:
• your name; and
• your date of birth; and
• your first Certificate of Sponsorship reference number (from your previous application);
and
• the date your current leave expires.
231. You can only apply for secondary employment after starting work with your first sponsor.
232. If we approve your secondary employment, we will have to vary your initial grant of leave.
You will have 2 sponsors during the period that both your Certificates of Sponsorship are
valid. You will be issued a new biometric residence permit (BRP) card indicating that you
have secondary employment and a letter which shows employment end dates for each
sponsor. You cannot start work with your second sponsor until your application for
secondary employment has been approved.

[mulliganeva]

Ok, so it seems that this second sponsorship will be too complicated. Good to know all of this. In answer to your question. I will need a second job because the pay is a lot lower than what I was making before so in order to keep up my monthly payments I will need to supplement. I will just get a second job in the same field. This will be much more straightforward. Thanks again. So helpful.

[mulliganeva]

In the meantime, I will be volunteering in an office to gain knowledge in interior design. I am not paid for this but I need to fill out a form. They say they will give me 10$ a day for food and travel, but I don't know if this is allowed. The money is not for the volunteer exchange it is just to provide me with a meal. If this is not allowed can I simply tell them not to pay me and I will volunteer anyway. I have read the infomation regarding the volunteer section for a visitor but it does not address this particular case.
It also mentions artists. I am a singer and I want to join a local band as part of a street performance. What I have read makes me think that this will be fine but I am just very wary of messing up my chances of being granted a visa down the road. I don't want to mess anything up. You've helped me so much that I feel like I owe you a coffee and a cake! I wish I could send you a Costa/Starbucks voucher. Let me know if I can somehow???

This is what I've read.

https://www.gov.uk/guidance/immigration ... itor-rules

[CR001]

You are not permitted to do ANY form of work, paid or unpaid or volunteering, while in the UK as a visitor. This would be a breach of your visitor visa and could have adverse effect on future visa applications.

[mulliganeva]

ok, got it. Thank you!!!

[mulliganeva]

So, I got into a pickle. I flew to Poland to visit a friend. On the flight from Standsted to Poland my passport fell out of my pocket and either got taken by someone or slipped between the seats of the airplane. I got off the plane not realizing this. Walked to immigration and had no passport. I told the man and he ran back to the plane but they were rushed to fly back to England and did not search very thoroughly. He came back saying they could not find it.
I'm currently stuck in Poland and they are saying that they do not know if they can fly me back to Standsted without documents?? I feel like, under the law they should fly me back to where I cam from. And then in London I can get an emergency passport at the consulate.
I went through all the avenues. I called the ottawa embassy, Polish embassy. But Poland will not let me go to the embassy. I have to fly back to Standsted, if they let me.
How likely is it that I get sent back to Canada!? THis seems absurd and extreme but it could happen. Any insight. Thanks

[mulliganeva]

I'm also concerned that any kind of refusal to enter the Uk will damage my chances of getting in on a sponsorship visa in future. Even if the refusal is due to a lost passport? I'm not sure if this situation would cause that kind of problem or not. I also don't know if the Uk will let me go to the consulate on a 24 hour pass to pick up a temporary passport?

[CR001]

Without a passport, you are unlikely to be allowed to enter the UK.

This should have no effect on a Tier 2 visa.