Most common reasons for visa Rejection

·        

Applicants not confident on the duration of stay, place of stay and sufficient funds to support the stay.

·         Applicants / Migrants using false/forged documents or have lied during their interviews can be banned from entry to the UK for upto 10 years.

Visitors providing wrong information about their past, concealing criminal background.  

·         On Behavioural grounds (using deception including false representation, fraud, forgery, non-disclosure of material facts or failure to cooperate)

·         Character, conduct or associations (criminal history, deportation order, travel ban, exclusion, non-conducive to public good, national security)

·         Immigration history (breaching conditions, using deception in an application).

·         There are additional general grounds for refusing related to some types of overstay in the UK (that is staying in the UK beyond the end of your immigration permission); health issues; and for not attending an interview if you are asked to do so. The application forms therefore include some questions about general matters not specifically related to your proposed studies, including questions about breaches of conditions.  This means doing something that your immigration permission does not permit you to do, for example working more hours than allowed. 

Once rejected you, need to re-apply paying the full visa fees again. Applicants do get a chance to appeal the decision with additional information or proofs, within 28 days of receiving the refusal.

Know Resident Labour Market Test & its importance in getting tier 2 sponsorship

What is RLMT

An employer who is a registered sponsor under Tier 2 of the points based system must advertise a job for which they would like to recruit a suitable candidate, in the method prescribed by the Home Office. An employer can only sponsor a non-EEA migrant for employment under Tier 2 if a RLMT test has been conducted and there is not a suitable settled worker, British citizen or EEA national that can fill the post. The purpose of the RLMT is to ensure that settled workers are given an equal chance to apply for jobs as non-EEA migrants. If there is no suitable settled worker and a non-EEA is identified as a suitable candidate then the selection of the non-EEA migrant over a settled person must be justified by the sponsor.

 exceptions

There are some exceptions to the RLMT, which means that the post does not need to be advertised before the Certificate of Sponsorship (‘CoS’) is assigned:

(i) Extensions – if the migrant is already working for the same employer and they need to extend their leave to remain to continue working for the same employer in order to do the same job then a RLMT does not need to be carried out by the employer

(ii) Shortage occupations – these are positions published in a list by the Home Office where there are not enough settled workers available to fill jobs in particular sectors. An employer does not have to conduct a RLMT before assigning a CoS for a position on the list, provided the migrant is working a minimum of 30 hours per week.

(iii) Post Study workers – an employer does not have to conduct a RLMT if a migrant that they wish to sponsor has leave in the UK and has, or was, last granted leave to enter or to stay in the UK under one of the following:

1. a) Tier 1 (Post Study work)
2. b) Tier 1 (Graduate Entrepreneur)
3. c) International Graduates Scheme
4. d) The Science and Engineering Graduates scheme
5. e) or where they have or were last granted permission to stay in the UK as aTier 4 migrantor a student and during their last grant of leave or a continuous period of leave that includes their last grant of leave they have passed and been awarded a UK recognised Bachelors or Masters Degree or have passed and been awarded a UK Postgraduate Certificate in Education or a Professional Graduate Diploma of Education or have finished a minimum of 12 months study towards a UK PhD.

(iv) High Earners – a RLMT does not need to be conducted where the total salary package for the job will be £153,500 or above.

(v) Academic leave – a RLMT does not need to be conducted if the employer is a higher education institution and were previously sponsoring a migrant who is returning to resume their post following a period of academic leave.

(vi) Supernumerary research positions – where the migrant has been issued a scientific research Award or Fellowship; and

(vii) Postgraduate doctor and dentists in speciality training

How to carry out the Resident Labour Market Test

All jobs must be advertised to settled workers for 28 calendar days, unless an exemption applies. The job can be advertised for a single continuous period of 28 days with a minimum closing date of 28 calendar days from the date the advertisement first appeared or in two stages of 14 calendar days.

Two adverts must be placed and in most cases one of those will be an online advertisement. The advertisement must include:

• The job title;
• The job description (main duties and responsibilities of the job);
• The location of the job;
• Salary package;
• Skills, qualifications and experience needed; and
• The closing date for applications.

A job cannot be refused to a settled worker if they lack qualification or experience which is not stated in the advert and an employer must pay the rate that was advertised.

 What are the advertising methods?

Unless an exemption applies, all jobs must be advertised using two of the methods stated in the guidance. In most cases this will be mandatory advertising through Jobcentre plus one other method.

Jobcentre Plus – advertised directly by employers. The closing date must be included in the job description else it will not be visible to applicants. The standard period for advertising is 60 days but you can set earlier closing dates.

National newspaper – a national newspaper is one published at least once a week and marketed throughout the UK.

Professional Journal – a professional journal is one published for a particular field and is available nationally either through retail outlets or subscription. The journal must be published at least once a month and be relevant to the job for example a relevant trade journal, the official journal of a professional occupational body or a relevant subject-specific publication.

Milk round – to recruit new graduates or interns an employer must visit a minimum of three UK universities. These must be advertised through two methods, one of which must be one of the following graduate recruitment websites: Jobs.ac.uk; milkround.com; prospects.ac.uk; or targetjobs.co.uk.

Rolling Recruitment campaigns – where companies pick out skilled individuals who might fill future undefined vacancies rather than specific ones

Recruitment agency and Head-hunters – an agency or a head hunter can recruit for the post on behalf of an employer.

Internet – the job can be advertised on an online version of a national newspaper, professional journal, or the website of a prominent or professional recruitment organisation. If advertised online, the website must not charge a fee or a subscription to look at jobs or to apply for jobs via these advertisements.

What happens after the RLMT is conducted

Once the RLMT has been conducted, the employer can assign the CoS, giving full details of the adverts including, the dates the job was first advertised, and where the job was advertised, giving all relevant reference numbers. All CoS must be assigned within six months of the date the vacancy was first advertised.

The RLMT forms part of the points required for attributes for an application for leave to remain under Tier 2 of the points based system. In this section, an applicant will need to possess a CoS for which they will be awarded 50 points. Of these 50 points, 30 points are made up of the employer satisfying the RLMT and 20 points are made up of the sponsor paying the required salary rate.

An employer must comply with their sponsor duties and keep the a record of the documents listed in Appendix D of the sponsor guidance

Failure to conduct the RLMT correctly can result in an applicant’s leave to remain application being refused. It can also have financial implications on employers as if the RLMT is not conducted correctly; it will have to be carried out again.

Employers are urged to seek specialist immigration advice to ensure they comply with RLMT applications.

Do we help in acquiring employment as well...? .. 'Yes' we do...

Many Tier 2 aspirants ask us, if along with getting themselves Tier 2 Sponsorship, do we also help our applicants in securing a contractual job in UK.....?

The answer is  "yes"  

We also help our candidates to get a suitable job as well.

Once after issuance of CoS, we send our clients' resumes to our job consultants in UK & schedule as many interviews as a candidate wants. (but here you need to understand that we can schedule interviews with your prospective employers, but to clear those interviews is your responsibility. So be prepared & give every interview your best.)

In the meantime we also file for tier 2 visa for the applicant. So both visa processing & hunt for job go simultaneously.

There are 99 percent chances that you would secure a job for yourself before getting your visa & flying to UK. But if you don't succeed in any of the interviews, then also you'll have 3 months time to look for job once you land to the UK. As your Sponsor has already collected 3 months taxes from you, you can stay there in UK under his sponsorship for three months even without having a job. So this is added time for you to look for and secure a decent job for yourself.

Candidates must understand that your sponsor will be benefited only when you'll have a good job, because only then he can be assured of his continuous three years' commission from your salary. That's why they try there best to get you a good & well paying job.

3 Major changes to UK Immigration, in effect from 6 April 2015

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On 25 February 2015, the Secretary of State issued a Statement of Changes in Immigration Rules, which highlighted a number of changes,  most of which came into force on 6 April 2015.

 (1)   Changes to Tier 2 Cooling Off period

The Tier 2 ‘cooling off’ period was in place to prevent a migrant who was in the UK under Tier 2 within the previous 12 month period being granted leave under Tier 2 again. From 6 April 2015 onwards, the 12 month ‘cooling off period’ where the migrant is assigned a Certificate of Sponsorship (CoS) for three months or less will be waived. This will enable employers to sponsor interns and then bring them back to the UK for a permanent job within one year Period thus improving flexibility.

With respect to Tier 2 Intra Company Transfer migrants, the qualifying12 month’s prior employment will now be able to include time spent lawfully employed by a group company in the UK as well as overseas.

The minimum salary thresholds as set out in the Codes of Practice (COP) have increased by 1.2% and the revised salary thresholds will apply from 6 April 2015. The revised minimum salary thresholds are as follows:

Tier 2 sub- categories	Current salary threshold	Salary threshold from 6 April 2015
Tier 2 General	£20,500	£20,800
Tier 2 General (jobs exempt	£71,600	72,500
from job centre plus advertising)
Tier 2  General (jobs exempt from	£153,500	£155,300
the annual limit)
Tier 2 (General) & Sportsperson	£35,800	£36,200
(earnings qualifying for settlement)	(apps. made after 06/04/2019)	(apps.made after 06/04/2019)
Tier 2 (ICT) (Short term staff,	£24,500	£24,800
graduate trainee, skills transfer)
Tier 2 (ICT) Long Term staff	£41,000	£41,500
Tier 2 (ICT) Long Term staff	£153,500	£155,300
(jobs qualifying for 9 year transfers)

 The COP and salary thresholds for individual occupations have been updated and have increased in most cases. It is important that employers are aware of these increases as issuing a CoS on the old salary will result in an application being refused.

 (2)    Changes to English Language tests

 The list of approved English language tests has been updated and many tests that were previously accepted have been removed including the Pearson Test; Cambridge tests such as Key English Test, Preliminary English Test, First Certificate in English, Certificate of Proficiency in English, Business English Certificate Preliminary, and Business English Certificate Vantage; ESOL tests and IESOL tests.

A few new test providers have been added to the list including Trinity College London, for the UK only and IELTS SELT Consortia for the UK and the rest of the world. There will be some migrants who have taken their tests in advance to their applications and these tests may have now been removed; hence a transitional period has been introduced. If a migrant passed their test before 6 April 2015, then they can continue to use the test results for their immigration application up until 6 April 2015.

(3)    NHS surcharge for non-EEA migrants

In addition to the increase in Home Office fees for applications, non-EEA migrants will now be subject to a ‘health surcharge’ as part of their immigration application, if they are coming to the UK for longer than 6 months or extending their stay in the UK. The following people will be exempt from the surcharge:

• visitors and those granted entry clearance for 6 months or less
• Tier 2 intra – company transfer migrants
• migrants making an application for asylum, humanitarian protection or Article 3 claims
• victims of human trafficking
• a migrant applying under the ‘destitute domestic violence concession’
• Her Majesty’s Forces family members
• a dependent of another country’s armed forces member who is exempt from immigration control
• those making immigration applications under the Turkish European Communities Association Agreement
• a British Overseas Territory Citizen who is resident of the Falkland Islands
• nationals of Australia and New Zealand

Prior to this, migrants coming to the UK to work, study or join family members in the UK were entitled to free NHS treatment in the same way as permanent residents. For temporary migrants the health surcharge will be £200 per annum and for students, the health surcharge will be £150 per annum. The charge will be payable when the immigration application is made and will be calculated on the basis of the time that the migrant will be allowed to stay in the UK and the number of defendants they have. For example, a migrant who has been sponsored for 3 years under Tier 2 General of the points based system accompanied by a spouse and a child will need to pay £1800 in addition to the Home Office application fees.

However, if the individual’s application is refused then they will be refunded the surcharge payment automatically. Individuals with private healthcare insurance will still need to pay the surcharge. The surcharge does not apply to applications submitted before this date.

Courtesy- http://www.turbervilles.co.uk/

Arabs/Muslims in London living happily

During the process of interviewing applicants for tier 2 visa sponsorships, I came across one Mr……., who asked, if it is safe for a Muslim to move to UK on tier 2, Can he get good job opportunities & an amiable environment to live in. He was sceptical as people across the world have developed negative thinking for Muslims at large. Though I tried to reason him, a concrete proof for what I was saying was needed & then while surfing on net, I found this fabulous article on living conditions & lifestyle of Arab/ Muslim community in UK. Sharing it with you so applicants having same doubts can have answers of their queries…

London is a known place of tolerance. With an estimated 379 mosques, London beats all other European capitals at welcoming and creating spaces for the Muslim community – if one excludes Turkish cities obviously.

However, migrants from the middle-eastern region are still far from being visible in mainstream society. How so?

Let’s look at few cultural points why Arabs are generally far more discreet than other migrant communities and how to increase your chances to meet and mingle with the fascinating Arab worlds that co-exist in London.

The Arab migration to the UK has long been influenced by the geo-political instability in the Arab world. London Arab community, estimated at 114,000 according to official statistics (and more by informal ones), includes entrepreneurs, low and highly skilled workers as well as students. West London has been a favourite location for Arabs to live in. One can also find in North East London migrants from the Maghreb countries who came in the 1980s-90s. According to the Census Information Scheme statistics, 46% of Arabs living in England and Wales are based in London.

The Arabian muslim community is highly diverse and rich in culture, religion, food, and lifestyle. As such, they are difficult to classify into one category. Nevertheless, Arabs are universally known for their hospitality, and their undoubtedly very tasty food which is not that difficult to get a taste of in London. A stroll up the famous Edgware road – better known as London’s ‘Little Arabia’, ‘Little Beirut’ or ‘Little Cairo – is bound to give you a real feel of what a traditional Arab street looks like, from the wafting shisha fragrance to Arabic shop signs and Middle Eastern grocery stores.

But Edgware road is just the beginning. Arab migration to the UK has initiated a rapidly increasing wave of Arab cultural and artistic events in London, introducing prominent and emerging talents from the Arab world and facilitating the integration of the Arab community.

Thanks to cultural centres and galleries, such as the Arab British Centre, the Mosaic Rooms, Arts Canteen, Gallery P21, and Ayyam Gallery, among others, today one can easily draw up a long list of exhibitions, concerts, workshops, film screenings, theatre performances and many more Arab and Middle Eastern events.

Arabs/ Muslims are living peacefully there are adding to the richness of London.

                                                                                                                 

 Courtesy-  http://blog.migreat.com/

Eligible jobs including wage levels for Tier 2 Visa

Tier 2 employers

A Company, who is on the UK Home Office list of Tier 2 (General) licensed sponsors, can issue a certificate of sponsorship to a potential employee who would not otherwise be allowed to work in the UK. If you want to be in the UK under Tier 2, you must be sponsored by an employer who has a Tier 2 sponsor license.

As per Home Office statistics, most jobs for which people are sponsored under Tier 2 are in the following sectors:

·         Information and communications

·         Health and social work

·         Professional, scientific and technical

·         Education

·         Financial and insurance

Shortage occupations

Shortage occupations are jobs that employers find difficult to fill using settled workers only. If a job is on the shortage occupation list, your employer does not have to carry out the resident labour market test before offering the job to you. There is a list for the whole of the UK and a separate list that applies only to jobs in Scotland. This list is regularly reconsidered.

PhD level jobs

PhD level jobs are basically research posts. You do not necessarily have to have a doctorate degree in order to be offered a PhD level job, and some occupations that require a PhD are not on the list of PhD level jobs. They are still subject to the resident labour market test. However, the advertising requirements for PhD level jobs are more relaxed than for most other posts and an employer will be able to offer you employment if you are the best applicant even if settled workers who apply could undertake the work.

Skill levels

If you are not already in the UK with Tier 2 or work permit immigration permission, the minimum skills level for most occupations is described as National Qualifications Framework (NQF) level 6. The lists of jobs that are at this level and above are in the Immigration Rules Adjunct.

One exception to this requirement applies to you if you have a specified job in one of the creative sector occupations (artists, authors, writers, actors, entertainers, presenters, dancers, choreographers, or product, clothing and related designers), in which case the minimum skills level is NQF level 4.

The other chance that could apply to you is if you have an offer of a job that is on the list of shortage occupations.

Wage levels

The lowest wage you can be paid for a Tier 2 (General) job is £20,800 (£20,500 if your certificate of sponsorship is issued before 6 April 2015). The minimum wage for each different occupation varies and you will find the relevant wage for your job in the tables we refer to above in Skills levels of Tier 2 jobs. In many cases, the minimum wage is more than this, and you cannot be sponsored under Tier 2 if your job will pay less than the minimum wage associated with your occupation.

Sometimes wages below £20,800 are mentioned in the occupations tables. This is because some people who are already in the UK with Tier 2 or work permit immigration permission (leave) can rely on lower wage levels if they need to apply to extend their leave. There is also an exception for nurses and midwives who are working towards registration with the Nursing and Midwifery Council. If these two exceptions do not apply to you, you cannot rely on wages lower than this minimum level.

For example, from 6 April 2015, the minimum wage in table 2 (occupations skilled to NQF level 6 and above) for tax advisers is £19,800 for new entrants. If you meet the definition of new entrant, the lowest wage you can be offered is £20,800. If you do not meet the definition of "new entrant", the minimum wage you can be paid is £33,900 (the "experienced worker" rate).

New entrant

Tier 2 (General) applicants who meet the definition of "new entrant" can rely on the lowest wage for each occupation, subject to a minimum of £20,800 (£20,500 if your certificate of sponsorship was issued before 6 April 2015).

You meet the definition of "new entrant" if you fall within one of the following categories:

You are under 26 years old on the date when you make your Tier 2 immigration application

Your Tier 2 sponsor recruited you by carrying out a university milk round (check with your employer if that applies to you)

You meet the requirements of the post-study work exemption from the resident labor market test.

Job adverts - Do you have permission to work in the UK?

Students sometimes believe they cannot apply for a job, because the job description or specification appears to say that you need existing permission to work in the UK.  The employer is unlikely to be saying that you need existing work permission in order to apply for or be interviewed for the job.

The employer is probably correctly saying that you need to have permission to work in order to start the job. For those with current Tier 4 leave, or those coming to the end of Tier 1 (Post-Study Work) or Tier 1 (Graduate Entrepreneur) leave, this would usually mean being sponsored by the employer under Tier 2.

If you need Tier 2 immigration permission in order to stay in the UK for work, you should check before applying whether the employer has a Tier 2 sponsor license.