Rog
It also seems to apply to changes of jobs and promotions whilst working for the same employer. That is the difference between WP and HSMP, no free access to the labour market for WP holders.
Internal casework guidance
Different job, same employer
A change of employment application is required where there is a substantial change to terms and conditions of the employment for which a work permit has previously been approved. Caseworkers should ensure that a labour market search has been carried out for applications where any of the following circumstances occur except for Tier 1 applications:
• the permit holder’s salary has significantly risen in addition to any annual increments, as a higher salary is likely to attract more applicants when the post is advertised appropriately (if the salary has risen only because of annual increments, it may be appropriate to consider any such application under the technical change of employment category).
• the permit holder’s salary has been reduced below NMW or ‘going rate’, as this undercuts resident workers and preventing this from happening is a stated aim of Work Permits (UK).
• the permit holder’s hours have been significantly reduced/increased (by at least 10%), as working more or less hours may attract other applicants when the post is advertised appropriately.
• the permit holder’s duties have changed due to promotion, demotion or restructuring, as the job will be different from that which we issued in the original approval.
From the Business and Commercial Guidance at:
www.ind.homeoffice.gov.uk/6353/11406/wo ... /bc(g).pdf (cut & paste link)
Change of employment applications
133. If you want to employ a person currently in the UK, who already has a work permit in respect of a job with another employer or if you want the person to change jobs within your organisation you should apply to the Border and Immigration Agency for permission.
134. If the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 141 -147), a search of the resident labour market will normally be required (see paragraphs 49 - 73) unless the application can be dealt with under the tier 1 category (for example, if the new post is on the list of shortage occupations).
135. You do not need to provide evidence of a recruitment search if we receive your application either before they leave their current employment or within 28 days of the persons last day of work with their previous employer, and providing they will be doing the same type of job. You must wait for our permission before the person can start working in their new role.
136. The information you need to send us will depend on the category of application. Please see paragraphs 19 - 48 for details. For most change of employment applications we will already have details of the person, so you do not need to send evidence of their qualifications and experience. However where the individual is taking a post where the duties or the skills required are different to what they were previously approved, we may require further supporting evidence
Like Victoria said
139. If you have any doubts about what constitutes a change of employment, please contact the relevant team referred to in paragraph 105.
