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Help! Tier 2 General change employment

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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chenjiaqi
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Joined: Tue Oct 13, 2015 7:16 pm

Help! Tier 2 General change employment

Post by chenjiaqi » Tue Oct 13, 2015 7:27 pm

Hi Senior,

I have met a problem after my application is submitted. I change my job and the COS issued by new employer says I am in the Shortage Occupation list, and my skills met their requirement for shortage occupation. However, when I filled the online application, I wrongly chose the option as non-shortage occupation, and paid higher fee of course. Now I am starting to worry about this.

First, is the job I am doing does not seem to be the shortage occupation list published by UKBA. It is a research engineer job for automotive industry. The COS uses electrical engineer as the code. But does the A level sponsor has the right to intepretate or UKBA will check if the claming shortage occupation really meets their definition?

Actually that is the only concern I am worrying about. Shall I wait the result or write to UKBA sheffield to explain?

Regards,

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Help! Tier 2 General change employment

Post by manci » Wed Oct 14, 2015 8:55 am

For shortage occupation jobs the SOC code and job description given in the CoS must match what is in the shortage occupation list:
https://www.gov.uk/government/uploads/s ... pril14.pdf

If they match RLMT is not required, otherwise it is. The HO will check, sooner or later.

You need to get to the bottom of this because if it transpires that your CoS has been incorrectly assigned your new leave (if you get it) will be curtailed.

chenjiaqi
Newly Registered
Posts: 29
Joined: Tue Oct 13, 2015 7:16 pm

Re: Help! Tier 2 General change employment

Post by chenjiaqi » Wed Oct 14, 2015 9:37 am

Thank you manci, one night no sleep but very grateful for your reply!

When I made the application, I chose the non-shortage occupation route because I had not noticed that in the COS they labelled me as "in shortage occupation list" without a RLMT. My question is, should UKBA go to my application and look for RLMT, but they can not find it, will they believe the COS of my sponsor?
I know this question sounds a bit silly :)

There is an error either on my side or my sponsor.

My sponsor is Hiriba Mira working on automotive but also military and aerospace projects. My job title is Research Engineer but the cos code is 2123, electrical engineer.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Help! Tier 2 General change employment

Post by manci » Wed Oct 14, 2015 2:09 pm

It all depends who is right, you or your sponsor, i.e. whether or not the job description in the CoS matches what is in the shortage occupation list.:

the following jobs in the aerospace industry:
- electrical machine design engineer
- power electronics engineer


If your sponsor is right and the job is deemed to be a shortage occupation there is no problem - write a letter to the HO pointing out the mistake in your application and ask for a refund of the difference between the two fees. Applications can be varied before a decision is made on them.

However, If what you put in your application turns out to be correct, i.e. the job is not a shortage occupation, then either your application will be refused now or, if it is granted, your leave is likely to be curtailed later.

chenjiaqi
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Posts: 29
Joined: Tue Oct 13, 2015 7:16 pm

Re: Help! Tier 2 General change employment

Post by chenjiaqi » Wed Oct 14, 2015 3:46 pm

Thank you manci, I have written an email the HR and ask them if they are sure my position matches a shortage occupation.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Help! Tier 2 General change employment

Post by manci » Fri Oct 16, 2015 4:02 pm

ask for a copy of the CoS - you can check yourself

chenjiaqi
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Joined: Tue Oct 13, 2015 7:16 pm

Re: Help! Tier 2 General change employment

Post by chenjiaqi » Mon Oct 19, 2015 8:39 am

manci wrote:ask for a copy of the CoS - you can check yourself
thank you manci,
yes I have the copy of cos which says the job is in the current shortage occupation list and the employer confirms the skills meets the guideline for shortage occupation.

I have asked HR last week maybe they realised there are problems in this case but just would not admit it. Since I have signed the contract, in this case what I can do is just waiting.

Will let you know once any result comes out and I will post my lessons in details for other friends to refer.
To be fair, no one would pay attention to these visa rules unless we come to the bottle neck set by the system. But once got trapped it brings so much agony. (

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Help! Tier 2 General change employment

Post by manci » Mon Oct 19, 2015 12:35 pm

what is the job description in the CoS?

chenjiaqi
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Posts: 29
Joined: Tue Oct 13, 2015 7:16 pm

Re: Help! Tier 2 General change employment

Post by chenjiaqi » Mon Oct 19, 2015 12:49 pm

manci wrote:what is the job description in the CoS?
Hi Meci, I am trying to paste the cos as below:
Job Title: Research Engineer - computational electromagnetics
Job type: 2123 Electrical Engineers - other electrical engineer (new entrant)
Summary of Job Description: Carry out electromagnetic modelling and analysis activities over a wide frequency range (DC to microwave) in support of automotive research, design and development projects. ...
Is the job on the current shortage occupation list?: Y
Tick to confirm the post is at the appropriate skill level set out in the sponsor guideline: Y

Many thanks,
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