Workpermit extension... Advertisement is required ?

[maneji]

Hi,

I am working in UK one one year work permit which is about to expire in next few months.

My employer has offered me a permanent job, with promotion. But they are saying, to apply for Further Leave to Remain ( work permit extension ), we will have to advertise this post in the UK market. My question is advertisement of job is required even for work permit extension.

Thanks,
Mane

[PaperPusher]

Hi Mane,

The answer seems to be yes, your employer does need to advertise, because you have been promoted.

See the business and commercial guidance notes at:

http://www.bia.homeoffice.gov.uk/6353/1 ... uidmay.pdf

Quoted from the notes:

117. A recruitment search will not usually be required if the person is continuing in the same employment.

126. 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 Border and Immigration Agency for permission.

127. 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 134 -138), a search of the resident labour market will normally be required (see paragraphs 47 - 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).

Also see the internal case worker guidance at:

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

The following is from the guidance for caseworkers:

The job has changed from the previous application – Where the overseas national is wanted to do a different job for the same employer, this is a change of employment and the employer must complete a fresh WP1 and will be required to advertise the post (except for Tier 1 applications). This includes in-house restructures or promotions...

The salary has changed significantly since the original application - Caseworkers should check whether the permit holder’s salary has significantly increased since the initial application. If the salary has risen only because of annual increments it may be appropriate to consider the application as an extension. However, where this is not the case, a higher salary is likely to attract more resident applicants. Therefore the employer should be required to advertise the post and thereafter complete a fresh WP1.

Hope this helps,

Regards