Am I again exempt from Change of employment

[bholo]

We were a team of three developers who got tier 2 in 2012.

Our SOC Code was 2132: Software professional

In 2014 me and another colleague changed jobs to security analyst and product manager respectively .

In the mean while home office also changed their SOC Codes from OLD system 2000 to SOC 2010 and split 2132 into 2135, 2136 and 2139

So i was 2139 on new system, product manager was 2135 and programmer in 2136.

Me and my colleague did not apply for change of employment because we read the guide and it says you dont need change of employment if SOC Change is only because of reclassification from old to new system.

In 2015 we all applied for extension and put SOC Codes on our certificate and we all got it.

I am now planning to move to product manager role(the one which my friend got into and this will make my SOC from 2139 to 2135) but again this reclassification is only of old to new system change. In old soc codes the parent code will still be 2132.

If i take on this role do i need change of employment. i personally dont think i do but want to ask. Reason i am asking is because i will be applying for ILR in 2017 and dont want to surprise homeoffice with a new SOC Code.

Any help from moderators and guru will be very helpful

[Frontier Mole]

If you are entering a new role with a new SOC even with the same Sponsor a RLMT will have to be undertaken.
The change of SOC codes previously does not exempt you from RLMT

[bholo]

According to the policy guidance there are exemptions

You must also make a change of employment application if you are remaining with the same
employer but: there is a change to your core duties which means you change jobs and the new job is
in a dif ferent Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of the reclassification from SOC 2000 to SOC 2010

Please elaborate on reclassification point?

[bholo]

If you are entering a new role with a new SOC even with the same Sponsor a RLMT will have to be undertaken.
The change of SOC codes previously does not exempt you from RLMT

Is RLMT Same as making a change of employment application?

[CR001]

RLMT = Resident Labour Market Test - your employer has to advertise the proposed position for at least 28 days with Job Centre and another site and go through the process and produce the relevant documents on who applied (settled and EU migrants) and why they have not fulfilled and are offering you the position. HO is very strict on this process being following 200%. Your employer cannot do it just for the sake of doing it as it would then appear you are pre-selected for the position and your visa will likely be refused on the ground of 'not genuine vacancy' etc.

[noajthan]

According to the policy guidance there are exemptions

You must also make a change of employment application if you are remaining with the same
employer but: there is a change to your core duties which means you change jobs and the new job is
in a dif ferent Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of the reclassification from SOC 2000 to SOC 2010

Please elaborate on reclassification point?

You are on a new code now & want to change to another role with different SOC.

You are not on an old code & sticking with old code anymore!