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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i have a sole rep visa expiring in Nov -14 The company does

Customer Question

i have a sole rep visa expiring in Nov -14
The company does not want to extend this but I want to stay back what visa category can i shift ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Are you in a relationship with any person in the UK and if so, what is their immigration status?
Kind regards,
Tom
Customer: replied 2 years ago.

No I am married and have 2 kids

Expert:  Thomas replied 2 years ago.
Hi,
What nationality are you, your spouse and your children please?
How long have you been in the UK please?
Kind regards,
Tom
Customer: replied 2 years ago.

We are all Indian Citizens

We are in UK since April 2012

Expert:  Thomas replied 2 years ago.
Hi,
Theorhetically, how much money would you have available to invest in a UK business for the purpose of obtianing a visa?
You can simply confirm whether or not it would more or less than £200, 000.00 gbp..
Kind regards,
Tom
Customer: replied 2 years ago.

No I do not have a possibility to invest

Expert:  Thomas replied 2 years ago.
Hi
Drafting your answer now. 5 mins please.
Kind regards,
Tom
Customer: replied 2 years ago.

ok

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you hold a representative of an oversea business visa as described on the following page then your options are fairly limited:-
https://www.gov.uk/representative-overseas-business/overview
If your employer is not willing to extend your visa then your only option is to attempt to switch to another category of visa.
Basically, this is pretty much limited in usual circumstances to a Tier 2 General Visa. You are permitted to switch to this visa as you will see from the second set of visas listed on the following page:-
https://www.gov.uk/tier-2-general/switch-to-this-visa
A representative is listed three up from the bottom of the second set of bullet pointed visas.
You will have to see if there is a job that you could do in the UK on the shortage occupation list:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf
If your job is not on this list then this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role,.
You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
https://www.gov.uk/tier-2-general/eligibility
This is you only real option in the circumstances unfortunately.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 2 years ago.

In the job shortage category - 2127 Production and process engineers

I am a polymer Engineer and can I fall under the chemical engineer category if I get a production job ?

Expert:  Thomas replied 2 years ago.
Hi,
It would have to be as one of the following:-
- chemical engineer
- manufacturing engineer (process planning) in the aerospace industry
- technical services representative in the decommissioning and waste
areas of the nuclear industry
If it is not one of the three above, then you would have to carry out the resident labour test.
I am not a engineering expert and would probably think you better suited to determine whether a polymer engineer fits in to one of the above three.
I have a meeting now for about an hour, if you have any other enquries on this subject I will be able to reply then
Tom

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