Switching from PSW to tier 2 - Entry level Job

[udayref]

Hi,

I have 2 questions to ask.

1. I have been working with a company for more that 1.5 yrs now, i was sucessful in the promotion interview and now they are promoting me for an higher position. i am fitting all the critierias regarding pay, education, maintenance. My question is the position company is offering me is an Entry level position will i still be able to switch or does the company need to justify why an no-eu person was employed instead?
One of the company advisers advised that they would need to justify why Eu person could not be employed for this position.

2. if the sponsor is approaching his limit for unrestricted COS can he still ask for more, is there any limit for unrestircted quota or any number of unrestricted COS can be requrested once the annual limit runs out?

Thanks,

Waiting for your reply.

[makky86]

Hi,

I have 2 questions to ask.

1. I have been working with a company for more that 1.5 yrs now, i was sucessful in the promotion interview and now they are promoting me for an higher position. i am fitting all the critierias regarding pay, education, maintenance. My question is the position company is offering me is an Entry level position will i still be able to switch or does the company need to justify why an no-eu person was employed instead?

Not if you have PSW. You call "Entry Level" as "High Position" ? Why ?

Company do NOT need to prove that they could not find any EU person.

One of the company advisers advised that they would need to justify why Eu person could not be employed for this position.

If you have PSW you are exempted.

2. if the sponsor is approaching his limit for unrestricted COS can he still ask for more, is there any limit for unrestircted quota or any number of unrestricted COS can be requrested once the annual limit runs out?

Employer will need to ask for more Un Restricted COS. There is no limit on this.

Thanks,

Waiting for your reply.

[udayref]

Hi Muhdkhokar,

Thanks for your reply.

1. I called the position as higher position because the role which i am currently in is an admin position and the role which i applied is an higher one than the admin role. But this new role is an entry leve. my role currently is Clinical trial administrator(CTA) and i would be getting the new role as Clinical research associate which is one step above the CTA but than its an entry level position.

so still as you say though it may be entry level position company doesnt require to justify why non eu person has been recruited as i am on PSW right?

2. Also regarding the unrestricted CoS, can you tell me where in the guidance i can find the text regarding no limit for allocating CoS. i need to show it to my company, i couldnt find it anywhere.

Thanks in advance.

[madona587]

Hi Muhdkhokar,

Thanks for your reply.

1. I called the position as higher position because the role which i am currently in is an admin position and the role which i applied is an higher one than the admin role. But this new role is an entry leve. my role currently is Clinical trial administrator(CTA) and i would be getting the new role as Clinical research associate which is one step above the CTA but than its an entry level position.

None of this matters. What matters most is whether the job title you will be employed (Say the job title your company is willing to sponsor you) meets the correct SOC code and salary level. If you can find a soc code / job title / job description which matches closely to your job Clinical research associate AND if your company is willing to meet the salary which is required then you are good to go.

so still as you say though it may be entry level position company doesnt require to justify why non eu person has been recruited as i am on PSW right?

No. If you are switching from PSW you are exempted. Tell your employer to look at the TIER2 General guidelines (Updated last June I believe)

2. Also regarding the unrestricted CoS, can you tell me where in the guidance i can find the text regarding no limit for allocating CoS. i need to show it to my company, i couldnt find it anywhere.

TIER2 General guidelines. Your employer can request their annual allocation of unrestricted COS as well as request a new COS whenever they need. (If justifiable) There is a bit of a long waiting time though. You may want to look at other posts here. Lot of people complain about the delay of getting a COS. If your psw is running out soon I suggest your company request a new COS ASAP. Also it seems your company is bit of cluless. They are in real danger if UKBA does a post license audit. If they don't know the process well they can lose their A rating.

Thanks in advance.

[udayref]

Hi Madona587,

Thanks for your reply. Actually i even found our the related SOC code for the job which is scientific researcher and i would be paid in this role appropriately. so i dont think that would be a problem. my sponsor seems to be getting misguided by the solicitors regarding the rules. i showed them all the rules but still they are consulting their solicitors regarding the rules. i am still waiting for an answer from them. Will keep you informed what they respond back .My visa is still May so still have a ot of time in hand.

for the allocation it says that it should be justifiable if you need more allocation but than is it fine to get allocation if its an entry level position or will UKBA pose any more question regarding request of extra allocation.

thanks

[madona587]

Hi Madona587,

Thanks for your reply. Actually i even found our the related SOC code for the job which is scientific researcher and i would be paid in this role appropriately. so i dont think that would be a problem. my sponsor seems to be getting misguided by the solicitors regarding the rules. i showed them all the rules but still they are consulting their solicitors regarding the rules. i am still waiting for an answer from them. Will keep you informed what they respond back .My visa is still May so still have a ot of time in hand.

for the allocation it says that it should be justifiable if you need more allocation but than is it fine to get allocation if its an entry level position or will UKBA pose any more question regarding request of extra allocation.

thanks

Sounds good mate. Your employers must understand how the whole thing works but if they have legal reps who are Authorizing officers in SMS then it should be OK. UKBA post license audit takes nearly 5-6 hours and they have a huge file with questions for the employer. Just giving you a fair warning cause my company went through this before Good record keeping is the most important thing after getting your license.

Never ever think you got plenty of time. This is where most people fail cause they get sloppy and then something goes wrong. Lot of people are waiting 6 Months + for a COS. With UKBA start the process as early as possible to avoid any late disappointments. Don't believe me ? keep reading the forum