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Change of employer Tier 2

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

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sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Change of employer Tier 2

Post by sangeetharaman89 » Sun Jan 04, 2015 7:07 pm

Hi all,

someone please help!!! I am currently on Tier 2 General valid until 2017. I have attended an interview recently and offered me the job. They are not very sure about my visa (I have got this current tier 2 from an umbrella company who is taking hell a lot of money from me). My new employer said they can sponsor me providing that its one year FTC leading to permanent.

its a microbiologist position of salary 21K. I believe the new company had to perform RLMT and provide me COS?? I really don know how to face this situation. If they do RLMT I am not sure how does it work since they can find any microbiologist easily.
I really wish I get this job because I had to even struggle to meet my basic needs because of paying these guys.

Some one please help!! what shall I do?

Millions of Thanks..

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

Re: Change of employer Tier 2

Post by manci » Sun Jan 04, 2015 8:11 pm

What exactly is the job they are offering to sponsor you for? If the SOC code is 2112 (microbiologist) it is a PhD level job and the min. salary is £27k for a 40 hour week. Check the job descriptions in the link below and ask the prospective new employer what SOC code they intend to state in the CoS:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Sun Jan 04, 2015 11:31 pm

Hello Manci,

Thanks for the reply. I believe it is going to be microbiologist salary they offering is 21-23K but for the new entrant it says 21K for this SOC code am I right? My current job SOC is bioinformatician 2119.

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

Re: Change of employer Tier 2

Post by manci » Mon Jan 05, 2015 7:48 am

see para 14(d) whether you qualify for the new entrant rate:
https://www.gov.uk/government/publicati ... appendix-j

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Mon Jan 05, 2015 8:21 am

Dear manci,

Thanks for your reply once again. I have checked that. My date of birth is 10.11.1989 considering I am under 26 and my new employer posted the job in there website al so given it to an agency and selected me though interview process that's rlmt right?

Not in university milk round though!!

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

Re: Change of employer Tier 2

Post by manci » Mon Jan 05, 2015 9:08 am

re. the RLMT see section 28:
https://www.gov.uk/government/uploads/s ... _11-14.pdf
Note that the job must also be advertised through Jobcentre Plus.

You have not said how long you have already been on T2 but relying on the new entrant salary rate because of your age means that your total stay on T2 cannot exceed 3 years 1 month with this rate.

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Mon Jan 05, 2015 3:31 pm

I have been on my tier 2 for just 8 months before that I was on psw.

The only thing comes in to place now which I am really worried is this role is one year contract and there are possibilities of extension. In the situation that they are ready to sponsor me will it be ok for a fixed term one year. And also they have given the position to a employment agency they selected me after rounds of interview. What is the proof they have to submit as rlmt. I have read a copy of advertisement given by recruitment agency is fine. Please help me .

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

Re: Change of employer Tier 2

Post by manci » Mon Jan 05, 2015 5:39 pm

If they are only offering a one year contract you don't have a choice (except declining the offer) but this is still better than no sponsorship at all. Keep also in mind that since your present sponsor is an umbrella company their licence may be revoked.

When a sponsor assigns a T2G CoS part of the process is to give details of the resident labour market test including where and when the post was advertised and reference number(s) for the mandatory advertising.

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Mon Jan 05, 2015 5:50 pm

Madam,

I don quite understand this very well.. Some of them are telling I can apply with one year ftc (more chances to be permanent). I have struggled a lot to find something . It's too hard to hear I have to decline the offer.

Regarding rlmt they have basically given it to an agency and they advertised in their web site and called me for telephonic and then personal interview..

I have also seen few post that people are applying one year ftc.. confused :-(

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

Re: Change of employer Tier 2

Post by manci » Mon Jan 05, 2015 8:15 pm

Your employment contract is between you and the employer, it is not an immigration matter, UKVI are only interested in the sponsorship as evidenced by the CoS which has to state the period of engagement (work start and end dates). Once you have the CoS you have to apply for leave in accordance with the CoS.

If the advertising has not been done in conformity with the rules for T2 sponsored workers (see link above) it will not be accepted by UKVI for the RLMT. If your prospective employer is a licenced sponsor (are they?) they should know what the rules are. Advertising through Jobcentre Plus is mandatory

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Mon Jan 05, 2015 9:28 pm

Hi,

I have checked the link which you have given regarding RLMT. The following sections describe the different methods of advertising we accept when
conducting a resident labour market test. Unless an exemption applies, all jobs must be
advertised using two of the methods set out in this section. In many cases this will be
mandatory online advertising through Jobcentres, plus one other method. Where advertising
through Jobcentres is not mandatory, you can choose any of the permitted media to
advertise in so you could choose one national newspaper and one professional journal. We
will also accept two advertisements using the same form of media, for example
advertisements on two different websites.

They have given advertisement in Indeed and given to one recruitment agency more than 30 days. And they will sponsor me on 2112 SOC code Occupations skilled to PhD level as Microbiologist. If thats the case what do you think about this. I have also found this advertisement in another job portal.

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

Re: Change of employer Tier 2

Post by manci » Mon Jan 05, 2015 9:39 pm

for PhD level jobs advertising through Jobcentre Plus is not mandatory, see 28.19(d) in the link above

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Mon Jan 05, 2015 9:59 pm

Summarizing it.Provided with a COS for SOC code 2112(Microbiologist) Occupations skilled to PhD level(Imagining I dont need a PhD qualification for this). For a period of one year as start date and end date. And meeting RLMT by advertising the post in two different websites(One agency and one in indeed.co.uk which is linking to that agency)

I can make my application?

your quick response is highly appreciatable and your patience in answering my questions. I really thank you so much for your response and guide to the links.

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

Re: Change of employer Tier 2

Post by manci » Tue Jan 06, 2015 8:06 am

sangeetharaman89 wrote:Summarizing it.Provided with a COS for SOC code 2112(Microbiologist) Occupations skilled to PhD level(Imagining I dont need a PhD qualification for this). For a period of one year as start date and end date. And meeting RLMT by advertising the post in two different websites(One agency and one in indeed.co.uk which is linking to that agency)

I can make my application?
yes, provided the RLMT has been carried out according to the rules. Before applying ask for a printout of the CoS and check it to see that all details in it are correct.

your quick response is highly appreciatable and your patience in answering my questions. I really thank you so much for your response and guide to the links.

sangeetharaman89
Junior Member
Posts: 55
Joined: Fri Oct 18, 2013 8:32 pm

Re: Change of employer Tier 2

Post by sangeetharaman89 » Wed Jan 07, 2015 8:33 pm

Many thanks for all your replies. As usual I am very unfortunate that company withdrawn there offer of employment. They thought for one year fixed term contract the process of visa will be two months. If I have a visa where I can directly work for a company I am sure I can find a good job.

Please suggest me , my husband came to uk in 2009 on student visa to do MBA . He could not finish his course due to financial problem and again he applied in another college for Msc in IT again he din complete that because he cud pay the fees. After that we got married and he became my dependant Tier 1 psw. He is as my dependant on tier 2 general now . My wish is he has to complete his qualification. If he can apply for student visa??

Will there be any chance to get visa granted again as a student and I can be his dependant.

Please help.

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