# Tier 2 (General) Work permit - Type of job offer?



## amirdragon0 (Sep 20, 2011)

Hey guys;

When I was checking the requirements for applying for Tier2 (General), somtehing was not clear enough for me.
Is the job offer have to be Perm or Fixed-Term contracts are also considered?

Please find more info about my case:

I am holding Tier1(PSW) valid until July 2012. My new employer claims that they want me permanently, But as they are not sure about my visa status in future, they offered me a Fixed-Term contract till the exact day my current visa expires.
Also they are Grade-A licenced company for Tier2(General) visas and accepted to issue me a certificate of sponsorship.

Can anyone advise me by this Fixed-term contract, Am I eligible to apply for Tier2(general) ?

If There is anything else you need to know, Please give me a shout.

Rgds
Amir


----------



## Joppa (Sep 7, 2009)

amirdragon0 said:


> Hey guys;
> 
> When I was checking the requirements for applying for Tier2 (General), somtehing was not clear enough for me.
> Is the job offer have to be Perm or Fixed-Term contracts are also considered?
> ...


The answer is yes, but your Tier 2 will be restricted to the period of your contract. Your contract period will be specified in your certificate of sponsorship, and your Tier 2 leave will be plus 14 days.


----------



## amirdragon0 (Sep 20, 2011)

Joppa said:


> The answer is yes, but your Tier 2 will be restricted to the period of your contract. Your contract period will be specified in your certificate of sponsorship, and your Tier 2 leave will be plus 14 days.


@Joppa

Thanks for reply

I just talked to HR and they said after granting the new Visa, They will offer me a Permanent role. 
But my current contract is due to 19th of Jul 2012. 
Based on what you said, UKBA will issue me a Visa valid until 2nd Aug 2012!!
In that case, the employer will offer me another fixed-term contract till 1st Aug and I have to apply for another two weeks Visa and same process happens every 2 weeks??????? 

OR

Is there any options/fields in CoS that employer can claim "They want me permanently after the current visa (Tier1(PWS)) expires" or something like this?


Cheers
Amir


----------



## nyclon (Apr 3, 2011)

Do you have a job offer from your current employer for a period beyond the expiration of your Tier 1 visa? If your current employer is licensed to sponsor you as you say, then they must offer you a job for a period that begins after your current visa expires and issue you a Certificate of Sponsorship. You can't apply for a Tier 2 visa unless your current employer is willing to sponsor you and has made a job offer. 

Here is a link to the UKBA Tier 2 guidance:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf


----------



## amirdragon0 (Sep 20, 2011)

nyclon said:


> Do you have a job offer from your current employer for a period beyond the expiration of your Tier 1 visa? If your current employer is licensed to sponsor you as you say, then they must offer you a job for a period that begins after your current visa expires and issue you a Certificate of Sponsorship. You can't apply for a Tier 2 visa unless your current employer is willing to sponsor you and has made a job offer.





As I said, my job offer is till the exact date of my current visa expires!


Is there any options/fields in CoS that employer can claim "They want me permanently after the current visa (Tier1(PWS)) expires" or something like this?

rgds
Amir


----------



## Joppa (Sep 7, 2009)

amirdragon0 said:


> As I said, my job offer is till the exact date of my current visa expires!
> 
> 
> Is there any options/fields in CoS that employer can claim "They want me permanently after the current visa (Tier1(PWS)) expires" or something like this?


The only thing I can think of is to apply for an extension when your employer is ready to offer you a permanent post, but before the expiry of your current leave, even by just one day.


----------



## amirdragon0 (Sep 20, 2011)

nyclon said:


> Do you have a job offer from your current employer for a period beyond the expiration of your Tier 1 visa? If your current employer is licensed to sponsor you as you say, then they must offer you a job for a period that begins after your current visa expires and issue you a Certificate of Sponsorship. You can't apply for a Tier 2 visa unless your current employer is willing to sponsor you and has made a job offer.
> 
> Here is a link to the UKBA Tier 2 guidance:


nyclon; I double checked the provided PDF (I've done so couple of times before) and I couldn't find any parts match to what you said.
Could you please advise me according to which part, you said that?


----------



## amirdragon0 (Sep 20, 2011)

Joppa said:


> The only thing I can think of is to apply for an extension when your employer is ready to offer you a permanent post, but before the expiry of your current leave, even by just one day.


Thanks Joppa

The employer said they will change the contract whenever I got the extended Visa for at least another 6 months.
Again, I couldn't find any parts in Tier2 guide book indicating this part (the contract should be beyond the visa expiry day)!!! 
Can you point it out for me?


----------



## Joppa (Sep 7, 2009)

amirdragon0 said:


> Thanks Joppa
> 
> The employer said they will change the contract whenever I got the extended Visa for at least another 6 months.
> Again, I couldn't find any parts in Tier2 guide book indicating this part (the contract should be beyond the visa expiry day)!!!
> Can you point it out for me?


Basically, you can't apply for Tier 2 switching from Tier 1 PSW if your contract doesn't go beyond the expiry of your current leave. If it does, your Tier 2 leave will be to the end of the contract (as noted on certificate of sponsorship) plus 14 days.


----------



## amirdragon0 (Sep 20, 2011)

Joppa said:


> Basically, you can't apply for Tier 2 switching from Tier 1 PSW if your contract doesn't go beyond the expiry of your current leave. If it does, your Tier 2 leave will be to the end of the contract (as noted on certificate of sponsorship) plus 14 days.


Yea, You said that before, But is that mentioned in any parts of Tier 2 regulations?


----------



## nyclon (Apr 3, 2011)

From the guidance to be eligible to apply for a Tier 2 visa, Part 1, section 4:

eligibility
4.	You must have a job offer and a Certificate of Sponsorship from an organisation that is a licensed sponsor in the United Kingdom.

From the way you expressed it, it sounds like your employer is expecting you to extend your Tier 1 visa in order to extend your contract.


----------



## Joppa (Sep 7, 2009)

nyclon said:


> From the way you expressed it, it sounds like your employer is expecting you to extend your Tier 1 visa in order to extend your contract.


Which the OP cannot do as Tier 1 PSW is for the maximum of 2 years (limit of current visa) and not renewable.


----------



## amirdragon0 (Sep 20, 2011)

Nyclon & Joppa:

Yeah they are waiting for me to extend my visa in order to offer me a perm position.

But how come they are saying that they are going to sponsor me for applying for Tier2(Genral)?


----------



## Joppa (Sep 7, 2009)

amirdragon0 said:


> Nyclon & Joppa:
> 
> Yeah they are waiting for me to extend my visa in order to offer me a perm position.
> 
> But how come they are saying that they are going to sponsor me for applying for Tier2(Genral)?


You just have to explain to them (not all employers are conversant with intricate work visa rules) that you have to have a job offer first that takes it beyond your current visa or you cannot stay in the country.


----------



## 183807 (Jul 4, 2013)

Joppa said:


> The answer is yes, but your Tier 2 will be restricted to the period of your contract. Your contract period will be specified in your certificate of sponsorship, and your Tier 2 leave will be plus 14 days.


Hi,

I have 2 queries and I think my 1st query has already been answered- thanks for that!

My PSW Visa expires on December 23rd 2013. I am on a temporary contract with my employer till March 31st 2015. My job is at NQF Level 6 (Advertising & Public Relations: 2472), I work 37.5 hours per week and I meet the salary requirements. My employer is a Grade-A licensed company for Tier 2 (General) visas. 

So going by your previous answer, I think I will be eligible to apply for tier 2 up till 31st March, 2015 + 14 days. 

My 2nd question:

If by 2015 my employer makes my role permanent (there is a strong possibility for that), then for what period can I renew my Tier 2 Visa later? 

I ask because I have read in the guidelines that they are issued for a maximum of 3 years and can be extended by another 2 years. I don’t think I will fit into this 3+ 2 format as my initial visa will be less than 3 years. Could you suggest how should I approach this? 

Kind regards,
183807


----------



## nyclon (Apr 3, 2011)

This thread is nearly 2 years old. It's quite possible that the advice given is no longer accurate. You should ask your questions in a new thread.


----------

