CHANGE OF EMPLOYMENT AND SOC CODE

[rauf]

hi , I am in very desperate situation and was wondering if someone could help me in this regards.

I got my T2 General visa as skilled chef in april 2010 according to old rules. Successfully completed extension application in may 2013, In May 2014 my visa was curtailed due to sponsor license expired.
I applied for change of employment and succussfuly got visa in August 2014 again under same soc code (5434)with a new sponsor. Now I was eligible for ILR on 23march 2015.
I have just come to know by my current sponsor that their license has been withdrawn by HO on 5th Feb 2015. Now I have a question as I spent all time in same job now I have a sponsor willing to give me Cos but the new job is with different SOC code. Since I got my visa in old rules before april 2011, the policy does state that the job NQF level can be 3 or 4 instead of 6 for my case.

Now can I be sponsored by new sponsor and get a visa with new SOC code (4161) Practise manager from skilled Chef (5434) because I worked the whole time in UK as a chef and now change of career in a different firm and job role will it affect or there are any chances of refusal if i apply with the new cos issued by sponsor.
Also the new soc code is not in shortage occupation so RLMT is required and the new sponsor is aware of it and has already applied for it. Please help as I was very close to my ILR and want to just make it through and is this the right way of applying for new job with different SOC code or it is better to try and find Skilled Chef job again

[Frontier Mole]

IMHO I would stay with your current employer and apply for ILR immediately.
Your current employer may have lost their licence however that will not prevent you from applying for ILR.
There is a quirk in the rules that allows you to work with a Sponsor even once they lose their licence until your curtailment period letter expiry date. It will be weeks before you receive the letter so you are in a good position.

Get your employer to give you the letter you need saying the job is still required and apply as normal for ILR.

Once the ILR is granted you are free of all restrictions and you can do as you please job wise.

[rauf]

Dear Friend,

thanks for your advise it is much appreciated. The same was told to me by some other people, but when I rang HO and explained the same situation it was told to me that even if you have not received the curtailment at the day of application, still your application would not be dealt with and lets say for instance if I go for same day premium service, My application will even be rejected at the counter and I be issued with a curtailment letter the reason for this is my current sponsor who lost their license can not issue a letter stating they still need me in the job with soc code and my pay etc etc. So the person from HO advised me to change employer in any case in order to apply for ILR and before that I have to fulfill the criterion of Change of Employment again.

So therefore, I have managed to get a sponsor to offer me job but it is in different sector and the only concern is will it be considered as a Normal application or since the change of Job is totally in different discipline and SOC code from Chef to Office Manager, will this affect my chances of getting the new visa before I could be eligible to apply for ILR as I would have completed my 5 years in any case.

[rauf]

IS ANYBODY OUT HERE TO HELP WITH ANY RESOLUTION TO MY CONCERN.PLEASE RESPOND

[manci]

if your current sponsor's licence has been revoked you cannot apply for ILR, see immigration rule 245HF(d):
https://www.gov.uk/government/uploads/s ... _final.pdf

As regards a change of employment application the new job would have to pass the genuineness test, see p36-37:
https://www.gov.uk/government/uploads/s ... 18_Ext.pdf

[rauf]

Dear Manci,

Thanks for the information you provided. The first thing has been confirmed by the home office too that I can not apply regardless I have got the curtailment or not since sponsor license have already been revoked.

For the second thing about the genuineness can you please help further as what i can understand is that if RLMT is conducted and my sponsor do not find any suitable candidate and on condition if I am issued a COS are there still reasonable doubt of the genuineness of taking that job role. As it is evident that I have only one month or may be have completed my 5 years while filing for change of employment application that can cause a refusal for my extension and I may be in more trouble then.

Any advise or suggestion what is best I should do in this circumstances wait and apply for this diff SOC code job or preferably find a sponsor who could help with Chef employment offer to me.

Please advise.

[manci]

Dear Manci,

Thanks for the information you provided. The first thing has been confirmed by the home office too that I can not apply regardless I have got the curtailment or not since sponsor license have already been revoked.

For the second thing about the genuineness can you please help further as what i can understand is that if RLMT is conducted and my sponsor do not find any suitable candidate and on condition if I am issued a COS are there still reasonable doubt of the genuineness of taking that job role.
RLMT and CoS are not proof of the genuineness of a job - this will be decided by the caseworker on the basis of the criteria in the guidance. .

As it is evident that I have only one month or may be have completed my 5 years while filing for change of employment application that can cause a refusal for my extension and I may be in more trouble then.
the fact that you have nearly completed 5 years on T2G will not be a consideration in deciding your change of employment application.

Any advise or suggestion what is best I should do in this circumstances wait and apply for this diff SOC code job or preferably find a sponsor who could help with Chef employment offer to me.
If there is any doubt about the genuineness of the Office Manager job the latter option would be preferable.

Please advise.