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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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We have an 'employee'. He was working with us in the

Resolved Question:

Hi We have an 'employee'. He was working with us in the UK on a student visa which then ran out and he had to go back to Egypt. We really want him back but I dont know how to get him a visa? PLease can you advise on how we can get him working back in the UK a.s.a.pThanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If you do not have access to significant funds for investment, are not married/in a relationship with a UK national/foreign national or person with ILR then he would probably have to see if he can apply for a Tier 2 Sponsored Skilled Worker visa

This means that you would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if the job that he would do for you is 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 would have to carry out a 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, It makes it much more difficult to prove that there is no-one else in the Uk who could do the job.

You would then have to become a licensed sponsor of Tier 2 employes:

https://www.gov.uk/uk-visa-sponsorship-employers/apply-for-your-licence

Then you would have to offer him a job and he could then only apply if he meets the eligibility criteria:

https://www.gov.uk/tier-2-general/eligibility

Basiccally, if you are minded to try and become and sponsor and then for him to apply I would strongly consider instructing a solicitor to act on your behalf to review the likelihood of success in detail and then to act on his behalf.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi Now i'm really confused? I was told we could get a Tier 5 Visa or have him here on an Internship scheme? I this not possible?He has worked for us in the UK before on a student VisaThe role is not suitable for Tier 2 Skilled worker
Expert:  Thomas replied 1 year ago.

There are different types of tier 5 visa.

Which were you told he may be eligible for?

Customer: replied 1 year ago.
Hi I don't know? As an internship?How do we get him a tier 5 visa?Thanks
Expert:  Thomas replied 1 year ago.

I will answer at 9am

Expert:  Thomas replied 1 year ago.

Hi.

The tier 5 visas are as follows:

So, as I originally said, it would appear to be Tier 2 general or no visa I'm afraid.

I am sorry I could not have better news for you but I would be grateful if you would please leave positive feedback based on the accuracy and content of my answer.

Tom

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