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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 339
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am on a Tier 5 Visa, and my company has agreed to

Customer Question

Hi,
I am on a Tier 5 Visa, and my company has agreed to sponsor me on a Tier 2 Visa. I need to know if my company is eligible for a sponsorship licence and if I am eligible to be sponsored.
Thanks,
Z
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Further to my question, I am not sure where my company fit as they are a small company, started two years ago, private (not government).
For myself I am an assistant project manager, so neither an experience or new entrant to the profession, however I have done my Certified Associate in Project Management Certificate with the Project Management Institute.
Customer: replied 1 year ago.
I need to know all the main summary details to report back to the company, and what timescales/costs are involved.
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. An employer will be eligible for a sponsorship licence if those responsible for the company's sponsorship process do not have unspent criminal convictions and the employer has no history of failing to carry out sponsorship duties. The employer must also have an adequate system in place to monitor those employees who are sponsored. The employer will need to decide the type of licence they need to apply for. If you are currently on a Tier 5 visa and working for your company I would assume that your company already has a Tier 5 sponsorship licence and they will already know what is involved. An applicant would be eligible to be sponsored if they are suitable for the role.
Customer: replied 1 year ago.
Hi Frantz,Thanks for your reply. Just to be clear, as my company haven't sponsored me previously (I have a Tier 5 from NZ, so this isn't required). They need to apply for a Sponsorship Licence first for Tier 2 (as I need Tier 2 going forward), which they should be able to do, given they do not have criminal convictions, or previous sponsorship licence duties?I think they will be able to set up a system for monitoring employees without too much trouble, is there any other reason why they wouldn't be able to get Tier 2 sponsorship licence? They are a registered company in London.I am suitable for the role as I have already been employed by the company, however since I am already employed, do we still have to continue with the market test by advertising my position - even if I have been working for them for a year? I believe this test/advertising, matrix etc. has to be done prior to the company applying for a sponsorship licence? Or does it just need to be done before applying for my Certificate of Sponsorship?Also I want to know whether I need to get my new Visa in NZ to change from Tier 5 to Tier 2, or can I get it done in the UK?ThanksZ
Expert:  Frantz I replied 1 year ago.
HelloThank you for your reply. There are different categories of Tier 5 so you would need to be clear which one. I am assuming you are on a Tier 5 Youth Mobility Scheme.
Customer: replied 1 year ago.
Hi Frantz,Yes I am on a Youth Mobility Visa, so the company don't currently sponsor me. Hence my questions above. Can you please confirm if I would need to go back to NZ to get the visa changed? And that my assumptions are correct regarding the 'market test'.Thanks,Zoanne
Expert:  Frantz I replied 1 year ago.
HelloI am happy to answer further questions after your have rated if you would be so kind Thanks
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 339
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Frantz,Have given my review, happy to do more once question has been fully answered.Thanks,Zoanne
Expert:  Frantz I replied 1 year ago.
Hello ZoanneTo switch into a Tier 2 visa, you would have to leave the UK as entry clearance is mandatory under Tier 5 (YMS). You will need to satisfy the RLMT unless you where sponsored by your current employer and continuing to work in the same job or the post is on the shortage occupation list. There is also a requirement introduced in 2014 which stops employers from tailoring posts to exclude resident workers from being employed. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Expert:  Frantz I replied 1 year ago.
Hello Your assumptions about the RLMT are not correct and you do need to go back to NZ to apply for a Tier 2 visa.
Customer: replied 1 year ago.
Hi Frantz,Thanks that is very helpful. I also want to know whether I would qualify for an unrestricted or restricted Certificate of Sponsorship? As it says in the guidance that 'Any migrants working for you under Tier 2 (General) or via a work permit, who will need to extend their stay in the UK to continue working for you' - I assume by work permit that doesn't include YMS Tier 5?
Expert:  Frantz I replied 1 year ago.
No it does not unfortunately.
Customer: replied 1 year ago.
Ok thanks for the clarification, also I have an Australian passport as well. Can I switch from having a Tier 5 visa on my NZ passport and then get a Tier 2 visa on my Australian passport (as this passport lasts for 10 years, where as NZ is only 5).Thanks
Customer: replied 1 year ago.
Also, as far as timelines go. The first thing I have to do is get the company to get a sponsorship licence. At the same time I can do the HR section 'market test' etc. Then a sponsorship licence is attained, they can give me a Certificate of sponsorship, where I show all the information that a settled worker is not able to do my job. Then after this I need to apply for my visa and return home (Aus or NZ) to get biometrics etc done. and arrive no more than two weeks before my CoS date starts?
Customer: replied 1 year ago.
I am speaking to my company next week to get an independent immigration lawyer but I need the overall timeframes and feasibility prior to this, hence all the questions.
Expert:  Frantz I replied 1 year ago.
I hope it goes well

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