Tier 2 Change of Employer

Hi There:

I am currently on a Tier 2 General and am considering changing employers. My potential new employer (and their work permit counsel) has requested both my current SOC code as well as a copy of my actual current COS. I am not necessarily opposed to providing but I don't see how this relates to the process of switching employers.

My understanding is that my new employer must perform a RMLT (for a restricted visa), apply for a COS (once the RMLT is completed) and then I must make a new application for a Tier 2 General with the new COS.

Am I missing something here? I am worried they will use my listed salary information in my current COS as the basis to negotiate my new salary but I don't see how I can say no to them (though I could say get lost if I am not happy with what they propose for a salary).

Any feedback would be greatly appreciated.

Hatch75 wrote:Hi There:

I am currently on a Tier 2 General and am considering changing employers. My potential new employer (and their work permit counsel) has requested both my current SOC code as well as a copy of my actual current COS. I am not necessarily opposed to providing but I don't see how this relates to the process of switching employers.

My understanding is that my new employer must perform a RMLT (for a restricted visa), apply for a COS (once the RMLT is completed) and then I must make a new application for a Tier 2 General with the new COS.

Am I missing something here? I am worried they will use my listed salary information in my current COS as the basis to negotiate my new salary but I don't see how I can say no to them (though I could say get lost if I am not happy with what they propose for a salary).

Any feedback would be greatly appreciated.

How did you find out about the job, what is not advertised? If it is, was there no salary range stated on the job advert? You may check the job advert again

Good question.....I forgot to mention that they are creating a position for me. It is currently posted but is missing 2 things, the end date and the salary range. I am guessing they need to correct this as well to formally start the RMLT process. They are a relatively small company and have only sponsored a handful of employees in the past. They have a new HR department so I am guessing they are trying to figure it out!

I am OK with this, not in a massive hurry to leave my current role, but am getting annoyed that they seem to be all over the place!

If they have created a position for you, how haven't you been pre-selected? I would proceed with caution.

I guess I care more about the actual process. Is what I listed the 'normal' process? Why would their counsel request a copy of my current SOC code and COS application?

You should be more concerned that the advertising processing is missing two key aspects, which can result in visa refusal as the RLMT process is not being conducted properly.

Then I would worry about the pre-selection aspect if a position was "created" for you.

SOC is known to all sponsors.

CoS is specific to your current employer. No reason your "new" employer will need this as far as I am aware.

Many thanks for your insight. This is the feeling I was getting but wanted to ask around.

Regarding your pre-selection comment. Can you go into a little more detail what this means?

If job/position has specifically been created for YOU, RLMT will appear to be a "just to complete the procees" exercise to tick HO box but as the job has been created for you, you will have been pre-selected and HO sniffs these out quickly and refuses visas. This in addition to the missing mandatory advert requirements which might prove the RLMT is "not genuine".

The sponsor has to prove to HO with documentary evidence that no other BC, EU or settled person was available or suitable for the job. A bit difficult if created for a specific person (you).

Very helpful thank you. It is clear they have a lot of work to do before I give my notice in my current role.

I am going to challenge why they would need a copy of my actual current CoS and go from there. They really need to prove why they would need this and I suspect it is just to snoop around for my current salary.

My thanks again.

I would strongly suggest that you do not resign from your current job until you have your new tier 2 visa.

Absolutely agree and have been upfront on this point from day 1 that I would not give notice until my new visa application is approved. Good news is that I am not desperate to change employers. The opportunity is a good one so I want to pursue it but I will make some noise if I feel like I am being jerked around. At the moment.....I feel jerked around so it will make for some interesting conversations this week both with the hiring manager and HR. Not the best way to progress with my potential future employer but I am not in the mood to play games especially when it comes to Visas.

Thanks again.