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Background
The client, Mr A, is an Iranian national residing in the UK as a Tier 4 Student. He received an offer of employment as an Architect with a UK based company; however, the company did not have a valid sponsor licence and his leave expired whilst the sponsor licence application was being processed.
Despite being on a Tier 4 Student visa, Mr A could not rely on the exemption under Tier 2, now Skilled Worker to switch into the work category whilst he was in the UK. The client had to return to his country of residence to make an entry clearance application as a result. During which, the immigration system reform took place, and he was caught up in the switch and uncertainties between Tier 2 (General) and Skilled Worker.
Following the successful licence application for his sponsor, Mr A instructed us to prepare his immigration application following the receipt of sponsorship offered by his employer.
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How AY & J helped
We advised the client the difference in the requirements for Tier 2 (General) and Skilled Worker and how it may affect him, depending on the date of his application. The salary threshold was an issue should he consider making an application under Tier 2 General.
Having reviewed the new Immigration Rules and discussed with the client and his sponsor, we decided the best course of action would be applying under the new Skilled Worker route. We collated the application pack for the application with a covering letter to explain how Mr A met all the requirement for this visa.
Result:
Within three weeks, Mr A received a positive decision for his application and safely returned to the UK to commence his appointment as an Architect.