Same employer- senior role in a different division

[Saragaso]

Hi

I'm on Tier 2 (General ) Visa on a SOC code which was on NQF level 4. I have applied for an internal vacancy - same job but a level senior to my current role and with a different division but same company/employer.Would I require a fresh CoS and a new application for Tier 2 along with RLMT? Please advise, thanks.

[North Pole]

If it's a similar job responsibilities then I guess you are ok. If it's completely different sector then they should issue a new cos. I guess you won't need a RLMT for this as you are already sponsored by the same employer.

[Frontier Mole]

There are something's that need to be considered
Is it the exact same role but just paid better? Then in that case it is essentially no different to the role on the original COS so no issues.
If it is a new role with management responsibly etc then that is possibly a different SOC. In that case that will require a new COS etc.

[Saragaso]

Many thanks for the reply. Much appreciated.

The lawyer who told me that the new job ( Senior Analyst) from my current job ( Analyst) would not fall under the same SOC which was 3539 under NQF Level 4 and a change of SOC was required.Although I have bend doing the same job and the new job is merely an extension of the old job.

Would this entail an RLMT? Also would it make sense to switch to a new SOC code which is under NQF Level 6? I'm also concerned that under the new SOC there are two salary thresholds mentioned New Hire and Experienced Hires. I don't make the salary threshold if considered under Experienced Hire. Is there a definition/criteria under which one is considered under Experienced hire? I have close to 2.5 years of experience as an analyst.

Since my initial application was made in 2012 I was hoping to apply for ILR in 2017. Would the new rule of £35 K be applicable to me or does it come in effect from April 2018. It is not clear whether it is April 2016 or 2018. My understanding says 2016 but please clarify.

Thanks again for your help and guidance.

Kind Regards

[manci]

You don't choose the job SOC code, the company does. If UKVI find out, say, in course of an inspection that you are doing a job to which a different SOC code applies from the one stated in your CoS the company's sponsor licence may be downgraded, suspended or revoked.

If the company decides that your new role warrants a new SOC code then they have to assign a new CoS to you after having carried out a RLMT (unless an exemption applies) and you will have to make a change of employment application.

Unfortunately you cannot claim the new entrant rate if you are applying to extend your leave beyond 3 years even if other conditions, such as your age, would allow it.

You will be eligible for ILR after 5 years on T2G but you'll have to earn at least £35k at the time of the application if it is after April 16. The earnings threshold is increased from April 18.

[Frontier Mole]

Excellent advice from Manci -as always.
It maybe an uncomfortable reality but if you can't get the salary to meet the experienced salary you can't take the promotion as you can't get a visa.

[Saragaso]

Thanks again for your advise. I think I have been misunderstood here. The reason why I mentioned the choice of two SOC codes is because the job spec fits both SoC codes.3539 and 2423 and hence the conundrum.I'm well aware of the outcome and as such have been extra careful in ensuring compliance to the Visa rules.

Thanks again for the clearing the April 16/18 confusion.

Regards