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Tier 2 General - Change of employment - new COS

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

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ramgoel123
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Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Mon Dec 03, 2018 7:49 pm

Hi,

I am currently on Tier 2 General visa. My current employer has issued me a new CoS due to significant change in my job profile which means my job code is changing. There are 2 options while applying online for visa :

• extend your existing Tier 2 (General) visa
• switch to this visa from another visa

Can anyone please confirm which option I should select? I believe extension option is only for people who are extending current visa e.g. beyond 3 years etc. Similarly Switch option is for switching from other visa categories. None of these are applicable in my case.

Please help urgently.

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Djsuccess
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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Mon Dec 03, 2018 9:03 pm

ramgoel123 wrote:
Mon Dec 03, 2018 7:49 pm
Hi,

I am currently on Tier 2 General visa. My current employer has issued me a new CoS due to significant change in my job profile which means my job code is changing. There are 2 options while applying online for visa :

• extend your existing Tier 2 (General) visa
• switch to this visa from another visa

Can anyone please confirm which option I should select? I believe extension option is only for people who are extending current visa e.g. beyond 3 years etc. Similarly Switch option is for switching from other visa categories. None of these are applicable in my case.

Please help urgently.

A change of SOC code will require RLMT except the new role is on shortage list. Before you make the application, you need to check that the appropriate RLMT has been carried out. Yours will be treated as an extension.
I think the first step is for your sponsor to carry out RLMT and then report it as a change of circumstances for you before issuing you the new COS.
How many years have you spent T2 and how many years have spent on your current T2 with the same employer?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Mon Dec 03, 2018 9:37 pm

Hi, my job is on shortage skills hence no RLMT required. My employer has already assigned new CoS to me. I have spent 2 months on tier 2 general visa and all 2 months is with current employer.

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Djsuccess
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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Mon Dec 03, 2018 9:44 pm

ramgoel123 wrote:
Mon Dec 03, 2018 9:37 pm
Hi, my job is on shortage skills hence no RLMT required. My employer has already assigned new CoS to me. I have spent 2 months on tier 2 general visa and all 2 months is with current employer.
in that case, let your sponsor report it as a change in circumstances explaining that you have been offered a new role with a different SOC code which is on shortage list and that you will be making a new application soon. Then you can go ahead and make a new application as an extension.

Good luck.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Mon Dec 03, 2018 9:52 pm

Thanks a lot for your quick reply. However, to whom my employer report change in circumstances? They have already issued new CoS to me under new employment category. Can you again re-confirm that i need to apply under extension option (not switch).

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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Mon Dec 03, 2018 10:02 pm

ramgoel123 wrote:
Mon Dec 03, 2018 9:52 pm
Thanks a lot for your quick reply. However, to whom my employer report change in circumstances? They have already issued new CoS to me under new employment category. Can you again re-confirm that i need to apply under extension option (not switch).
Reporting via SMS will provide the basis for the application. Your sponsor should follow the SMS guide for reporting workers Activities.
Is your current role also on shortage list? Or are you moving from T2 general to T2 general shortage ?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Mon Dec 03, 2018 10:11 pm

My current as well as new job is under shortage skills and same is printed on CoS. What is SMS? Sorry i have not heard this term before.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Mon Dec 03, 2018 10:51 pm

another query I have is while filling new online form for extension, it is asking me for my current visa type. My current visa type is Tier 2 General Leave to enter whereas drop down field on form only shows tier 2 General Leave to remain. Shall I select this Leave to remain?

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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Tue Dec 04, 2018 2:21 pm

Dear sir,

yesterday I was told by someone here that I should go for extension option for my visa however I found following para in home office guidelines which indicates it should be switch option.

You must make an extension application if you need to extend your leave and you are applying to continue in the same job for the same sponsor. You cannot apply for an extension if you are applying from outside the UK, or switching from another category, or changing employment (see above). You should refer to paragraph 214 above for the total amount of time leave can be granted for in each Tier 2 category.

Please can someone help me.

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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Tue Dec 04, 2018 5:38 pm

ramgoel123 wrote:
Tue Dec 04, 2018 2:21 pm
Dear sir,

yesterday I was told by someone here that I should go for extension option for my visa however I found following para in home office guidelines which indicates it should be switch option.

You must make an extension application if you need to extend your leave and you are applying to continue in the same job for the same sponsor. You cannot apply for an extension if you are applying from outside the UK, or switching from another category, or changing employment (see above). You should refer to paragraph 214 above for the total amount of time leave can be granted for in each Tier 2 category.

Please can someone help me.
If you are still confused, ask your sponsor to call the sponsorship help desk. And like I said earlier, your sponsor can report the change of role via the SMS and they will be contacted by UKVI with what to do. I know some of these things could be confusing.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Tue Dec 04, 2018 6:10 pm

My emoloyer has already contacted helpdesk and they have suggested to go for new CoS whuch my employer has done however issue now is about under which category application should go i.e. extension or switch. You have mentioned to me yesterday to go for extension but homeoffice guidlines says that change of employment can not be applied under extension. Please help.

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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Tue Dec 04, 2018 7:27 pm

ramgoel123 wrote:
Tue Dec 04, 2018 6:10 pm
My emoloyer has already contacted helpdesk and they have suggested to go for new CoS whuch my employer has done however issue now is about under which category application should go i.e. extension or switch. You have mentioned to me yesterday to go for extension but homeoffice guidlines says that change of employment can not be applied under extension. Please help.
Follow the guideline. That's the reference
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ramgoel123
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Re: Tier 2 General - Change of employment - new COS

Post by ramgoel123 » Tue Dec 04, 2018 9:54 pm

In that case, how come you were so confidantly suggesting me to apply under extension category? I request everyone in this forum not to mislead anyone with half knowledge. I request moderator to ensure this point.

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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Tue Dec 04, 2018 10:10 pm

ramgoel123 wrote:
Tue Dec 04, 2018 9:54 pm
In that case, how come you were so confidantly suggesting me to apply under extension category? I request everyone in this forum not to mislead anyone with half knowledge. I request moderator to ensure this point.
Firstly, I didn't mislead you. That's why I asked for more information about your current and new roles, if they are both shortage occupation. And I gave you my opinion while also suggesting you contact the helpdesk. It is a tricky one, because you are not switching category. You are moving from one T2 shortage to another T2 shortage, what has changed is your SOC code and not your visa category. Sorry if you feel misled. If you think you have found the answer to your question, I guess you don't need anyone to validate it again because the guide should be your reference.
Sorry once again if you feel misled. I was only trying to help. We learn every day
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Djsuccess
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Re: Tier 2 General - Change of employment - new COS

Post by Djsuccess » Tue Dec 04, 2018 10:38 pm

Djsuccess wrote:
Tue Dec 04, 2018 10:10 pm
ramgoel123 wrote:
Tue Dec 04, 2018 9:54 pm
In that case, how come you were so confidantly suggesting me to apply under extension category? I request everyone in this forum not to mislead anyone with half knowledge. I request moderator to ensure this point.
Firstly, I didn't mislead you. That's why I asked for more information about your current and new roles, if they are both shortage occupation. And I gave you my opinion while also suggesting you contact the helpdesk. It is a tricky one, because you are not switching category. You are moving from one T2 shortage to another T2 shortage, what has changed is your SOC code and not your visa category. Sorry if you feel misled. If you think you have found the answer to your question, I guess you don't need anyone to validate it again because the guide should be your reference.
Sorry once again if you feel misled. I was only trying to help. We learn every day

I have checked the Tier 2 sponsor guidance again and could see that change of SOC code is treated under change of employment. However, according to page 171, switching was clearly defined
39.13 Switching is the term we use when a migrant who is already legally in the UK
moves from one immigration status to another. We only approve an application for a migrant to switch immigration category while in the UK if they:
• meet the requirements of the Immigration Rules to be allowed to stay in the
UK within the category that are applying to switch into
• are already in the UK within one category


The way I have interpreted it, change of employment does not necessarily mean switching. You are extending your T2 shortage under another SOC code but you are still in the same category T2 shortage. You are not switching. THIS IS MY OPINION.

https://assets.publishing.service.gov.u ... _final.pdf
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Dearinga
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Re: Tier 2 General - Change of employment - new COS

Post by Dearinga » Fri Dec 14, 2018 4:41 pm

I rang the Home Office help desk and the lady I spoke to said that if you're switching employers but doing the same job, you use the "extension" form.

Did you end up hearing the same advice?

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