Wp holder switching to tier 2

genious · Post by **genious** » Wed Sep 21, 2011 4:23 pm

Hello forum.

its very nice to have such a helping community.

i am on Wp and have completed 5 years in july 2011, but could not apply due to not meeting salary criteria. my employer was not willing to give me pay rise.

i had started job hunting 2 weeks ago and now almost got offer from different company and planning to switch to tier2. (that company is registered as tier 2 (G) sponsor)

my question

Once i switch to tier 2 (G), when will be best time to apply for ILR. how many pay slips i need to show 3 months or 1 month. (As i have already completed 5 years on wp). i know for tier 2 holder they need to show 12 months pay slips.

thanks for help.

chuchu_law · Post by **chuchu_law** » Thu Sep 22, 2011 10:26 am

genious wrote: i know for tier 2 holder they need to show 12 months pay slips.

where did you find that 12months pay slips is required for Tier 2 holder? i thought i was 3months' required. thanks!

genious · Post by **genious** » Thu Sep 22, 2011 12:15 pm

Seniors / Mods can you please add your moments. it will be helpful.

i could not find 12 months payslips in the policy and law section but have red few post here in this forum.

Thanks,

uk_mkh · Post by **uk_mkh** » Thu Sep 22, 2011 1:37 pm

I'm not experienced enough ... but if your work permit expired in July 2011 ... how it is that you are still working/living here if you have not already got ILR?

AFAIK, if the WP expires and you don't have another VISA (ILR/etc) immediately, you are technically in breach of rules/regs, since it means you have to leave country .

Just another thing you and your company should consider, if my reasoning is correct.. Hopefully somebody will correct me

Post by **geriatrix** » Thu Sep 22, 2011 1:40 pm

uk_mkh wrote:but if your work permit expired in July 2011

Where did the OP say so?

genious wrote:i am on Wp and have completed 5 years in july 2011,

uk_mkh · Post by **uk_mkh** » Thu Sep 22, 2011 9:52 pm

sushdmehta wrote:
uk_mkh wrote:but if your work permit expired in July 2011
Where did the OP say so?

genious wrote:i am on Wp and have completed 5 years in july 2011,

The devil is in the detail. I automatically assumed he had a 5 year WP which expired. Didn't think of anything else so was worried for him

Thanks Sushdmehta

genious · Post by **genious** » Thu Sep 22, 2011 10:06 pm

my question is still un answered? sushdmehta ?

Just to clarify my wp leave is untill March 2013, it is a combination of wp+wp.

genorp · Post by **genorp** » Fri Sep 23, 2011 12:36 am

Won't it be difficult to switch to Tier 2 - General for the OP?
From what I read if a person changes employers he doesn't qualify for transitional arrangement A and must fulfil the normal points system and it is part of the annual cap.

uk_mkh · Post by **uk_mkh** » Fri Sep 23, 2011 11:39 am

genious wrote:my question is still un answered? sushdmehta ?

Just to clarify my wp leave is untill March 2013, it is a combination of wp+wp.

I think an issue you could face is the new company will have to jump through all the legal hoops to prove that you are the best candidate (EEA+NON EEA citizen) for the job - some of the new requirements are that they have to put adverts in the local job centers, etc etc. Also there is a limit annual cap for T2 visas, that genorp refers to.. so you really need to be quite certain you want to change employers

Another thing to factor is that the govt also are thinking that all the new Tier 2 visa holders, etc do not qualify for ILR or citizenship so if you change categories now ... this could apply to you too. But like I said I am not an expert.

uk_mkh · Post by **uk_mkh** » Fri Sep 23, 2011 11:43 am

What Genorp was referring to:
http://www.findlaw.co.uk/law/immigratio ... 24018.html

genious · Post by **genious** » Sun Oct 02, 2011 5:32 am

uk_mkh wrote:
genious wrote:my question is still un answered? sushdmehta ?

Just to clarify my wp leave is untill March 2013, it is a combination of wp+wp.
I think an issue you could face is the new company will have to jump through all the legal hoops to prove that you are the best candidate (EEA+NON EEA citizen) for the job - some of the new requirements are that they have to put adverts in the local job centers, etc etc. Also there is a limit annual cap for T2 visas, that genorp refers to.. so you really need to be quite certain you want to change employers

Another thing to factor is that the govt also are thinking that all the new Tier 2 visa holders, etc do not qualify for ILR or citizenship so if you change categories now ... this could apply to you too. But like I said I am not an expert.

you are right, ukba can decide that tier 2 might not lead to settlement but most likely that new rule will come in april 2012 if approved. however if i switch now i can apply in 3 months time. correct me if i am wrong.

problem is rang ukba and she said because you are not paid appropriate rate in the current employment, if you switch to tier 2 your clock will reset. is it true?

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Wp holder switching to tier 2

Wp holder switching to tier 2

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