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Topic: Tier 2 Work Visa  (Read 910 times)

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Tier 2 Work Visa
« on: October 12, 2018, 09:32:20 PM »
Hi Everyone

Our plan has changed and we are now applying for a work visa.

Basically my employer in America is willing to sponsor me to move me to the UK.

They currently don’t have a sponsorship license.  They will be applying for one.  This is the first time they are transferring people from another country.

Basically my position is I am a General Manager for a store for a large retail company who has a location in the UK.

I am not a skilled worker as such but I am experienced at what I do and have been with the company for 8 years and would bring with me my knowledge of the US market which is one of the reason they are transferring me.

My question is, what are the possibility of acquiring the work visa given my qualifications?  Also, how long does it take to process such application.

I know most people here have a knowledge of spouse visa but any information you can give me would be so much appreciated.

I just wanted to know if this is even an option for me.

Thank you so much for the feedback

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Married : July 2017


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Tier 2 Work Visa
« Reply #1 on: October 12, 2018, 09:46:05 PM »
If the company doesn’t have a sponsor licence yet, it could take several months for them to actually get one issued. It’ll also cost them about £1,000 to get the licence.

Once they have that, they will have to apply for a certificate of sponsorship for you... for which they will need to show you meet all the requirements for a work visa, including minimum salary and that your job level meets the minimum criteria.

Once the sponsorship certificate has been issued, you would then have to apply for the visa. Without a sponsor licence already, I’d probably allow at least 6 months for the whole process.

Would this be for a Tier 2 Intra-Company Transfer (ICT) Visa or for a Tier 2 General visa?

For a Tier 2 ICT visa, you need to show a minimum salary of
- £41,500 for Long-term Staff
- £23,000 for Graduate Trainee (recent graduates only, training for specialist roles)

Note that £41,500 is a very high salary for the UK. A general manager of a retail company would probably earn an average salary of about £30,000 in the UK, though you might get above the £41,500 threshold if you have 10-20 years of experience.

For a Tier 2 General visa, the company would have to show that they have advertised the job across the UK and the other 27 EU countries for a minimum length of time and could not find a single person suitable for the job before they would be allowed to hire you from outside the EU. The job would have to be at the appropriate level and pay at least £30,000.

Essentially, if you can qualify for a spousal visa using savings, it would be much, much easier than trying to qualify for a work visa.

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« Last Edit: October 12, 2018, 09:49:03 PM by ksand24 »


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Re: Tier 2 Work Visa
« Reply #2 on: October 12, 2018, 10:05:40 PM »
If the company doesn’t have a sponsor licence yet, it could take several months for them to actually get one issued. It’ll also cost them about £1,000 to get the licence.

Once they have that, they will have to apply for a certificate of sponsorship for you... for which they will need to show you meet all the requirements for a work visa, including minimum salary and that your job level meets the minimum criteria.

Once the sponsorship certificate has been issued, you would then have to apply for the visa. Without a sponsor licence already, I’d probably allow at least 6 months for the whole process.

Would this be for a Tier 2 Intra-Company Transfer (ICT) Visa or for a Tier 2 General visa?

For a Tier 2 ICT visa, you need to show a minimum salary of
- £41,500 for Long-term Staff
-

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Hi Ksand,

I believe the company is still trying to decide which route is the best to go.  They are basically giving me 6 months so the timeline you said is about the time they told me

Unfortunately we can no longer do the savings route.

My husband also just got a job there but it pays £16000 per year. 

In saying this, how much would we need to have in savings to top off his salary ?

Thank you
Anne
Met UK Hubby : August 2011
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Re: Tier 2 Work Visa
« Reply #3 on: October 12, 2018, 10:14:01 PM »

My husband also just got a job there but it pays £16000 per year. 

In saying this, how much would we need to have in savings to top off his salary ?

Thank you
Anne

Congrats on his job :).

If he’s earning £16,000, then the savings you would need are:

£16,000 + (2.5 x (£18,600-£16,000)
= £16,000 + (2.5 x £2,600)
= £22,500

He would need to have been in the job for 6 months, and you would need to have held the savings for 6 months, before you could apply.

Or, if he can get a second job to make up the extra £2,600, and work in it for 6 months as well, you wouldn’t need the savings.



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Re: Tier 2 Work Visa
« Reply #4 on: October 12, 2018, 10:33:43 PM »
Also, keep in mind that qualifying for ILR has a minimum salary requirement for a Tier 2 General, and in 5 years time, it is likely to be at least £38k.  And a Tier 2 ICT does not lead to ILR at all.

If at any point during your Tier 2 visa you switch to a family settlement path, you reset your immigration clock to 0, and your 5 years to ILR starts again, including needing to pay for 5 more years worth of visas.

You don't want to find yourself in a situation where you move to the UK on a Tier 2 visa, complete 4 years on that visa, then the eligibility requirements for settlement change and you find you no longer qualify for ILR.  You then will need to switch to a family settlement visa if you want to remain in the UK, and will need to complete 5 years on that path to qualify for ILR.  That would mean you don't get ILR in this example for 9 years, whereas if you had gone with a family visa from the beginning, you would have gotten ILR in 5 years.

Generally speaking, if you qualify for both and have the choice between a Tier 2 visa or family visa, the family visa is the better choice.

It's not impossible to get a Tier 2 visa if that's the only way, but it usually is more difficult.  Unless it is an ICT visa which doesn't lead to settlement anyway, the company also will need to show you were not pre-selected for the job. 


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Re: Tier 2 Work Visa
« Reply #5 on: October 12, 2018, 10:51:14 PM »
Also, keep in mind that qualifying for ILR has a minimum salary requirement for a Tier 2 General, and in 5 years time, it is likely to be at least £38k.  And a Tier 2 ICT does not lead to ILR at all.

If at any point during your Tier 2 visa you switch to a family settlement path, you reset your immigration clock to 0, and your 5 years to ILR starts again, including needing to pay for 5 more years worth of visas.

You don't want to find yourself in a situation where you move to the UK on a Tier 2 visa, complete 4 years on that visa, then the eligibility requirements for settlement change and you find you no longer qualify for ILR.  You then will need to switch to a family settlement visa if you want to remain in the UK, and will need to complete 5 years on that path to qualify for ILR.  That would mean you don't get ILR in this example for 9 years, whereas if you had gone with a family visa from the beginning, you would have gotten ILR in 5 years.

Generally speaking, if you qualify for both and have the choice between a Tier 2 visa or family visa, the family visa is the better choice.

It's not impossible to get a Tier 2 visa if that's the only way, but it usually is more difficult.  Unless it is an ICT visa which doesn't lead to settlement anyway, the company also will need to show you were not pre-selected for the job.

Is the ICT visa would be easier and faster than the traditional Tier 2 route? 

What would be the difference in requirements on the two?
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Re: Tier 2 Work Visa
« Reply #6 on: October 13, 2018, 08:47:11 PM »
Hi Everyone

Our plan has changed and we are now applying for a work visa.

Basically my employer in America is willing to sponsor me to move me to the UK.

They currently don’t have a sponsorship license.  They will be applying for one.  This is the first time they are transferring people from another country.

Basically my position is I am a General Manager for a store for a large retail company who has a location in the UK.

I am not a skilled worker as such but I am experienced at what I do and have been with the company for 8 years and would bring with me my knowledge of the US market which is one of the reason they are transferring me.

My question is, what are the possibility of acquiring the work visa given my qualifications?  Also, how long does it take to process such application.

I know most people here have a knowledge of spouse visa but any information you can give me would be so much appreciated.

I just wanted to know if this is even an option for me.

Thank you so much for the feedback



I'm sorry, but I think it's a non-starter. To qualify for ANY Tier 2, it needs to be a graduate (of university) position - not that YOU have to be a graduate, but the position is deemed to have required a degree... I've had a look through the general job roles they define as being graduate and non-graduate (simplifying slightly for ease of comprehending the convoluted system that is the SOC codes and Tier 2 stuff in general)...

Which of the following more closely resembles your role:

A.)
Example job tasks
• helps to formulate and implement local government policy and ensures legal and statutory provisions are observed;
• organises local authority office work and resources, negotiates contracted out services;
• plans, organises, coordinates and directs the resources of a special interest organisation;
• formulates and directs the implementation of an organisation’s policies;
• represents union, association or charity in consultation and negotiation with government, employees and other bodies;
• stimulates public interest by providing publicity, giving lectures and interviews and organising appeals;
• directs or undertakes the preparation, publication and dissemination of reports and other information pertaining to the organisation.

B.)
Example job tasks:
• determines staffing, financial, material and other short- and long-term requirements;
• ensures that adequate reserves of merchandise are held and that stock keeping is carried out efficiently;
• authorises payment for supplies received and decides on vending price and credit terms;
• examines quality of merchandise and ensures that effective use is made of advertising and display facilities;
• manages agencies to provide services out-sourced by other organisations and businesses;
• ensures maintenance of appropriate service levels to meet the objectives of the business.

Main differences between the two types of Tier 2:

Tier 2 General: Lower earning requirement generally, but it must be above £30,000 or the minimum given in the SOC codes for that occupation..
Employer generally needs you to pass the RLMT which requires there is no one else in the EU who is qualified to do your job (cannot be based on experience).
Leads to ILR after 5 years, provided you earn above a certain amount which is ever increasing.

ICT: You already must work for your employer is is transferring you to another branch/ subsidiary...
Earnings requirement already given.
Does NOT lead to ILR at all. You would need to change category to gain ILR.

For both types, the role is required to be at NQF 6 or above (basically the graduate thing I was talking about before - professions like engineers and doctors).
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Tier 2 Work Visa
« Reply #7 on: October 13, 2018, 10:46:50 PM »
I'm sorry, but I think it's a non-starter. To qualify for ANY Tier 2, it needs to be a graduate (of university) position - not that YOU have to be a graduate, but the position is deemed to have required a degree... I've had a look through the general job roles they define as being graduate and non-graduate (simplifying slightly for ease of comprehending the convoluted system that is the SOC codes and Tier 2 stuff in general)...

Which of the following more closely resembles your role:

A.)
Example job tasks
• helps to formulate and implement local government policy and ensures legal and statutory provisions are observed;
• organises local authority office work and resources, negotiates contracted out services;
• plans, organises, coordinates and directs the resources of a special interest organisation;
• formulates and directs the implementation of an organisation’s policies;
• represents union, association or charity in consultation and negotiation with government, employees and other bodies;
• stimulates public interest by providing publicity, giving lectures and interviews and organising appeals;
• directs or undertakes the preparation, publication and dissemination of reports and other information pertaining to the organisation.

B.)
Example job tasks:
• determines staffing, financial, material and other short- and long-term requirements;
• ensures that adequate reserves of merchandise are held and that stock keeping is carried out efficiently;
• authorises payment for supplies received and decides on vending price and credit terms;
• examines quality of merchandise and ensures that effective use is made of advertising and display facilities;
• manages agencies to provide services out-sourced by other organisations and businesses;
• ensures maintenance of appropriate service levels to meet the objectives of the business.

Main differences between the two types of Tier 2:

Tier 2 General: Lower earning requirement generally, but it must be above £30,000 or the minimum given in the SOC codes for that occupation..
Employer generally needs you to pass the RLMT which requires there is no one else in the EU who is qualified to do your job (cannot be based on experience).
Leads to ILR after 5 years, provided you earn above a certain amount which is ever increasing.

ICT: You already must work for your employer is is transferring you to another branch/ subsidiary...
Earnings requirement already given.
Does NOT lead to ILR at all. You would need to change category to gain ILR.

For both types, the role is required to be at NQF 6 or above (basically the graduate thing I was talking about before - professions like engineers and doctors).

Thank you for the input.

My employer is in the process right now on what route to take.

I don’t have a masters degree however I do have a college degree. 

I understand what you’re saying about being an expert or a doctor and engineer. 

I will let you know either way what the outcome is. 

I have to try anyway as this is the only way my family can be together.  Even if it’s impossible I will take my chances.

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Re: Tier 2 Work Visa
« Reply #8 on: October 14, 2018, 09:45:58 AM »
Sorry that this is such a hurdle.  The UK at the moment is quite anti-immigration, and the knock-on effects on families trying to be together is cruel.

Is sponsoring your husband to move to the US a possibility?

The requirements are easier to meet and it's definitely much cheaper.


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Re: Tier 2 Work Visa
« Reply #9 on: October 14, 2018, 02:21:40 PM »
Just because your employer is pursuing this route does not mean it will necessarily be approved. Have a look at the two job descriptions - which one more closely fits your role? The difference between the two is a (possible) visa.

It seems that the Tier 2 ICT will be the route to go, because although it has a higher earning criteria, you wouldn't have to prove no one else in the EU could manage the store (because let's be honest, there are people already settled who could manage a store - even though that isn't me). As I said, it isn't about your education level, it is about the education level required to do the job. (eg a bookmaker wouldn't qualify but a fully qualified accountant would because you are required to have a degree to be an accountant but not required to have a degree to be a bookmaker - despite some bookmakers having a degree).

I totally understand trying to pursue this course, but wouldn't you also rather know it's no good before you get really invested emotionally and financially?
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Tier 2 Work Visa
« Reply #10 on: October 14, 2018, 02:51:13 PM »
Just because your employer is pursuing this route does not mean it will necessarily be approved. Have a look at the two job descriptions - which one more closely fits your role? The difference between the two is a (possible) visa.

It seems that the Tier 2 ICT will be the route to go, because although it has a higher earning criteria, you wouldn't have to prove no one else in the EU could manage the store (because let's be honest, there are people already settled who could manage a store - even though that isn't me). As I said, it isn't about your education level, it is about the education level required to do the job. (eg a bookmaker wouldn't qualify but a fully qualified accountant would because you are required to have a degree to be an accountant but not required to have a degree to be a bookmaker - despite some bookmakers having a degree).

I totally understand trying to pursue this course, but wouldn't you also rather know it's no good before you get really invested emotionally and financially?

First of all I didn’t say it will definitely be approve that’s why I said I will post here the outcome if they do go whichever route.

I do understand what you’re saying about knowing my options before investing financially or emotionally.

I also have to be positive and have some hope as of right now this is the only option we have to join my husband in the UK.  So we will try, if it doesn’t go our way at least we tried.  I am grateful that my employer wants to even give it a try.

Just so you know it’s not just managing any other store.  They want me there because they want me to teach them our best practices as I run the #1 store in the US, and the strategies we have here in the US in business which none of the candidates in Europe would know as obviously they don’t work in the US. 

I also work for the Luxury Retail sector so it is a specialize industry here in the US anyway.

Again I appreciate the input. 

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Married : July 2017


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Re: Tier 2 Work Visa
« Reply #11 on: October 14, 2018, 02:54:13 PM »
Sorry that this is such a hurdle.  The UK at the moment is quite anti-immigration, and the knock-on effects on families trying to be together is cruel.

Is sponsoring your husband to move to the US a possibility?

The requirements are easier to meet and it's definitely much cheaper.

Unfortunately my husband is not able to come to America
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Married : July 2017


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Re: Tier 2 Work Visa
« Reply #12 on: October 17, 2018, 11:09:47 PM »
Hi Everyone

Our plan has changed and we are now applying for a work visa.

Basically my employer in America is willing to sponsor me to move me to the UK.

They currently don’t have a sponsorship license.  They will be applying for one.  This is the first time they are transferring people from another country.

Basically my position is I am a General Manager for a store for a large retail company who has a location in the UK.

I am not a skilled worker as such but I am experienced at what I do and have been with the company for 8 years and would bring with me my knowledge of the US market which is one of the reason they are transferring me.

My question is, what are the possibility of acquiring the work visa given my qualifications?  Also, how long does it take to process such application.

I know most people here have a knowledge of spouse visa but any information you can give me would be so much appreciated.

I just wanted to know if this is even an option for me.

Thank you so much for the feedback

You are sadly conflating US H1B concepts and UK T2 concepts.
"specialized knowledge" is only a concept in US imigration.
For Tier 2 it has to be a Graduate level JOB. Job. So you personally might be able to qualify not being a graduate but having equivalentexperience but the position itself has to be graduate level eg at least managerial (shown in Appendix J as Level 6 occupation)

***Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.



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Re: Tier 2 Work Visa
« Reply #13 on: October 18, 2018, 04:15:48 AM »
You are sadly conflating US H1B concepts and UK T2 concepts.
"specialized knowledge" is only a concept in US imigration.
For Tier 2 it has to be a Graduate level JOB. Job. So you personally might be able to qualify not being a graduate but having equivalentexperience but the position itself has to be graduate level eg at least managerial (shown in Appendix J as Level 6 occupation)

***Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.

Hi there,

It is a graduate level job from my understanding.

My company’s solicitor is working on getting their sponsorship license which will enable them get my sponsorship certificate.  Whether my visa gets approve is unknown but I am grateful that the company is willing to try. 

I will let you know what the outcome, in a few months time.

Thanks for the input.
Met UK Hubby : August 2011
Married : July 2017


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Re: Tier 2 Work Visa
« Reply #14 on: October 18, 2018, 04:28:20 AM »
Hi there,

It is a graduate level job from my understanding.

My company’s solicitor is working on getting their sponsorship license which will enable them get my sponsorship certificate.  Whether my visa gets approve is unknown but I am grateful that the company is willing to try. 

I will let you know what the outcome, in a few months time.

Thanks for the input.

The hard part is going to be whether or not the company can get you a sponsorship certificate at all... because that’s where they have to prove that you, the job and the salary meet the requirements for sponsorship.


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