Work permit holder switching to Tier 2 and the English test

[dminus]

I have been finding contradictory answers to the following:

if a work permit holder is changing to Tier 2 while changing the employer, should he/she provide evidence of meeting the English language requirement?

[manci]

you need to score 10 points for English language skills. See the Tier 2 policy guidance, page 24 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[dminus]

Yes, thanks!
Any chances someone who has been a lecturer in UK for 4 years and has MS/PHD from US, can be exempt from this?

[dminus]

Actually, the item 118 in the referenced guidance states:
“You will be awarded 10 points if you are applying for leave to remain under Tier
2 (General), ... and you meet the requirements of one of the categories listed below: ... you have ever been granted leave as a: ... Qualifying Work Permit Holder;”

So, it does sound like the requirement is automatically passed by the Work Permit Holders. Am I missing anything here ?


[quote="manci"]you need to score 10 points for English language skills. See the Tier 2 policy guidance, page 24 onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf[/quote]

[manci]

no, you are not missing anything but you also have to satisfy the conditions that come after AND in the middle of p25

[dminus]

And this is exactly the part I am having troubles deciphering. It says the following:

“you have not been granted leave in any other categories other than Tier 2 (General),
Tier 2 (Intra-Company Transfer) and those listed above under the Rules in place since
28 November 2008; or
• you have ever been granted leave as a Qualifying Work Permit Holder and have not
been granted leave in any other category other than Tier 2 (Sportsperson) under the
Rules in place since 28 November 2008; or
• or you have ever been granted leave as a Minister of Religion, Missionary or Member
of a Religious Order, and have not been granted leave in any other category other than
Tier 2 (Minister of Religion) under the Rules in place since 28 November 2008; or ...”

If Work Permit is the only thing that I ever had (Since September 2008), does it mean my English requirement is automatically satisfied, so no test will be needed?


[quote="manci"]no, you are not missing anything but you also have to satisfy the conditions that come after [b]AND[/b] in the middle of p25[/quote]