WHM -> Tier 2 transition queries

[Kageanrage]

This website is a fantastic resource! Many thanks to the team, I've already learnt plenty. But not quite enough! ... and would appreciate the answers to a couple of questions if you would be so kind.

A bit of background - I'm Australian and have been here in the UK on WHM (old system, with a 12-mth working limitation) since Jan-09. My employer has agreed in principle to sponsor me but is as yet unaware of the detail involved. I have read up on all of this and the education process will begin in earnest this week, as will the application by the company for a sponsor's licence.

So in terms of a step-by-step process, could you please confirm the following:

*Employer applies for sponsorship licence (cost for Tier 2 = £300, takes approx 4-6 weeks)
*Employer applies for and then assigns to me a sponsorship certificate (cost for Tier 2 = £170, time taken including requisite Labour Market Test as mine is not a shortage occupation = approx 3 weeks incl. 2 week job advertisement period?
*I return to AUS and lodge application for Tier 2 visa, (cost £265 or £465, not sure which) approx duration 2-3 weeks? This is the part I'm really unsure about - I'd like to spend as little time in AUS as possible as I may need to take it as leave so would appreciate advice on how I could minimise my time in AUS - e.g. by lodging my application from here in the UK. I'm legally allowed to be here in the UK on my WHM so I'm not sure why I would need to return to AUS for an extended period, is this because they need to have possession of my passport during the visa application process?

Many thanks for your help!
Kevin
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[prudence]

Hi Kevin

Well looks like you have done well with your research!

Your employer should read all the information here http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/

If your employer is a 'small sponsor' the cost of the Sponsorship certificate for Tier 2 only is £300 - for a 'large sponsor' it is £1000
See info here: http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/costs/costofalicence/

You are correct that they then have to do a resident labour market test before they can issue you with a certificate of sponsorship (which is £170)
(in which the job must be advertised for a minimum of two weeks for a job with a salary from £20,000-£40,000)
Further details on this are here
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/residentlabourmarkettest/

Your permit will cost £265 as you are applying from outside the UK. And since you are currently in the UK on a working holiday visa, you must return to Australia to apply for your work permit. Unfortunately there is no way around this. Processing times at the British embassy in Australia vary - you can their guidelines here (select Australia obviously)
http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

As you can see, 97% are prcoessed within 30 days but it could take longer, or less. Unfortunately they shy away from being specific. You can follow processing times on a couple of threads on this forum.

I hope this helps you - good luck with your employer!

Pru
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Pru
WORKgateways
Working traveller/HSMP holder in London

[Kageanrage]

Hi Pru,

Thank you so much for your thorough reply!

Just one other question I can think of - to make sure we don't mess this up I'd imagine my employer may want to enlist the services of a Visa Agency, which is something I'm yet to research, do you have any suggestions in that respect? I don't know much about them, I assume they hand-hold both employer and employee through the whole process..

Thanks again,
Kevin

[nztier1]

[quote="Kageanrage"]I'm legally allowed to be here in the UK on my WHM so I'm not sure why I would need to return to AUS for an extended period, is this because they need to have possession of my passport during the visa application process?

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You need to physically be in Australia to attend the biometrics appointment which must be done before you send your application in. Your passport gets sent in with your application, so you can't travel before you get it back...

[prudence]

HI Kevin

In regards to your question about using an agency - for this type of application, it can be very useful as they can help your employer and 'hand hold' them (as you say!) throughout the process. Obviously this comes at an extra cost, which can be worth it as it can smooth the process for a busy HR department and ensure the application is 100% compliant.

There is an agency that WORKgateways recommends (having personally used them and met with them ourselves). They are called Voyage Relocations and if you email me at pru.engel@workgateways.com, I'd be happy to give you my contacts there.

Voyage are in a great position to assist businesses with Tier 2 and they are authorised advisors on the UKBA’s website. As part of their service, they provide a detailed report with the application for a licence, meaning it is unlikely the company will receive a further audit from the UKBA prior to a licence being granted.

They can also provide detailed advice on the preparation of the businesses HR policies and procedures in line with published guidance prior to a licence application being submitted. They can issue certificates of sponsorship ensuring compliance with recruitment searches and in line with codes of practice and can also assist the applicant (ie you) with your entry clearance application from your home country.

Costs:

£800 + VAT for sponsorship licence including detailed report regarding HR systems, compliance documentation for the prevention of illegal working

£800 + VAT for issue of certificate of sponsorship including documentation in line with codes of practice

£350 + VAT for Entry Clearance / Further Leave to Remain application fir the candidate.

If your employer wanted to purchase the entire package from beginning to end, they drop the £350 off the price.

Again, hope this helps and let me know if you need any further information. In the case of a small company applying for a sponsorship certificate/licence, I would recommend using an agency as it can be a complicated process.
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Pru
WORKgateways
Working traveller/HSMP holder in London

[unsure]

Hi Kevin,

To clarify on the licence, your employer only needs to apply for the licence if they are not already licensed - I am assuming that this is the case for your employer? I.e. the licence is specific to the employer, not specific to you or your visa application. I seem to remember that there is a list on the UKBA site of licenced employers, so you could check whether they are licensed (or they should be able to tell you.

On the sponsorship process, my visa is for a skills shortage, so my employer did not need to do the resident labour market test. The application for the sponsorship is done electronically, and it was turned around the same day. Therefore most of the wait time for the sponsorship will be the advertising of the job, once this has been done the sponsorship certificate should come through pretty quickly.

Unfortunately the time that you will need to be in Australia is all a bit of a guess. There was a very detailed thread on Tier 1 processing times on this forum, and to a lesser extent on Tier 2, however the activity on these thread has died off recently. The most recent information on Tier 2 was in August when someone had it processed in 2 days from receipt in Canberra, and someone else had it processed in 3 days - plus a few days to print the visa and send it back. But it all depends on how busy they are - how many applications they have in, how many people they have processing them! I was fortunate in that I was able to take some work back home with me that I didn't need to be in the office for, so I was able to reduce the amount of leave that I needed to take - I don't know if this is something that you can do? Make sure your return flight is flexible, and explain to your employer that you are at the mercy of the consulate - there is no advantage in telling the consulate that you need to be back in the UK quickly, it won't make any difference to how long they take.

Also, you can reduce the amount of time that you need to be in Australia by making your online application online from the UK and booking your biometrics for the day that you arrive and have everything ready to post your application in on that same day - just make sure you allow enough buffer for delays in your flight, etc!

[Kageanrage]

Hi Pru,

Thanks again for this information, very much appreciated. The agency information & costs are also useful and I've passed them on to my employer for consideration should they go down the agency route.

Many thanks,
Kevin

[buymeapony]

Hi guys,

Currently in the process of jumping through the hoops to stay on here.

Just wondering if anyone would know if you can advertise while applying for a sponsorship license?

Also does anyone know the current waiting time on obtaining a license or is the 4-6 weeks still the going rate???