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Change in Job while on Work permit

Posted: Fri Jan 25, 2013 1:39 pm
by kumarilr13
Hi All,

I am on work permit now, My EC was issued on 18-6-08 till 18-6-2013 and entered UK on 14-7-2008. next week, i am getting promotion to next job level. Now my question is : Can i change the Job level for the same employer while i am on WP.

Many Thanks,
Kumar.

Posted: Fri Jan 25, 2013 1:57 pm
by wpilr_nov12
Reading this would be useful:
http://www.ukba.homeoffice.gov.uk/sitec ... employment

My personal preference would be to sit it out without taking a formal promotion, without significant change of job role/responsibilities. The reason is that sometime mid_May you will be eligible for ILR, which is roughly 3.5 months away. This would make your ILR application pretty much straightforward (barring your other situations, such as absences etc).

Experts would be able to add more, or a differing opinion.

Posted: Fri Jan 25, 2013 3:22 pm
by kumarilr13
Thanks for the reply.

But, my original work permit was granted to work as a research technician in Imperial college london. Now, after 4.5 year of experience considering my experience i am getting promoted to research associates, increase in job level and salary....even that is not good for ILR you mean????

Posted: Fri Jan 25, 2013 3:29 pm
by wpilr_nov12
kumarilr13 wrote:Thanks for the reply.

But, my original work permit was granted to work as a research technician in Imperial college london. Now, after 4.5 year of experience considering my experience i am getting promoted to research associates, increase in job level and salary....even that is not good for ILR you mean????
The question is not what you do, or what is good for ILR. Rather, what are the implications to your ILR application if that is your plan, and to your WP visa status as a result of getting promoted.

Posted: Fri Jan 25, 2013 5:23 pm
by kumarilr13
The basic concern is, if i change to another level job with the same university does this make me not qualified for ILR ????....

In the guidance this is what they say "Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment. "

Posted: Fri Jan 25, 2013 5:29 pm
by wpilr_nov12
kumarilr13 wrote:The basic concern is, if i change to another level job with the same university does this make me not qualified for ILR ????....

In the guidance this is what they say "Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment. "
The next sentence says "Significant changes to the job, location or terms and conditions will require a new application under the points-based system."

At no time are you ineligible for ILR. But you would probably need to go for PBS application, which will also ultimately lead to ILR eligibility at the same time as currently calculated.

More importantly, you need to find out from your employer if they will continue to sponsor you at the end of your current work permit validity, via extension/conversion onto PBS category. There have been some discussions here where some candidates found their employment contract expired with their work permit, and the employer was not too keen on issuing a letter confirming continued employment of the person. This is a KEY document requirement in your case as well.

Posted: Fri Jan 25, 2013 5:41 pm
by kumarilr13
Thanks for the reply.

This process seems super complicated. As you suggest earlier, i better stay on the same job level and in May this year i get my ILR and then change my job level and salary, this option seems much simpler and also i don't waste money as well.
Thanks,
Anil Kumar.

Posted: Fri Jan 25, 2013 6:32 pm
by alanwong
kumarilr13 wrote:Thanks for the reply.

This process seems super complicated. As you suggest earlier, i better stay on the same job level and in May this year i get my ILR and then change my job level and salary, this option seems much simpler and also i don't waste money as well.
Thanks,
Anil Kumar.
Hi, My feeling is that it will not do any harm to your ILR application according to your description. If your new job has a lower salary, or not in the same category, then it can be a problem.
One of my colleagues, promoted from a senior xx to a principal xx, the new position has bigger responsibility and bigger salary. He got his ILR without any problem.

Posted: Fri Jan 25, 2013 8:10 pm
by kumarilr13
From my understanding i can get ILR. But as mentioned in earlier posts , if i got promoted then i need to shift from work permit to point based system, in this case it is tier2. Means I need to pay 1200 pounds to get tier2 visa and another 1200 pounds to get ILR in the span on 4 months, which is waste of money. If i stay on the present role till i get ILR (in may 2013) then i will save 1200 pounds...

Posted: Thu Jan 31, 2013 4:21 pm
by alanwong
kumarilr13 wrote:From my understanding i can get ILR. But as mentioned in earlier posts , if i got promoted then i need to shift from work permit to point based system, in this case it is tier2. Means I need to pay 1200 pounds to get tier2 visa and another 1200 pounds to get ILR in the span on 4 months, which is waste of money. If i stay on the present role till i get ILR (in may 2013) then i will save 1200 pounds...
Hi, Mate, have a look at this thread, which will clear you up.
http://www.immigrationboards.com/viewto ... =promotion

Posted: Tue Feb 05, 2013 10:45 am
by wpilr_nov12
Kumar, any updates on your own situation?

Posted: Wed Feb 06, 2013 2:34 pm
by kumarilr13
i have decided not to get promoted before my ILR application....since i am due to get it in May this year. HR in my college agree with my decision, Because my promotion include substantial change in job level, salary and also job family....