T2 General- Extension (same employer) with change in CoS

[AjPS]

Hi, I'm currently employed in an 18 month contract role on a Tier 2 (General) visa valid until July 2016. I recently applied for a permanent position within my department at my existing employer's and got the job (they did the RLMT for the role).

My employer now wants to extend my stay until July 2019 and has assigned me a new CoS under Tier 2 General - Extensions. However, the new CoS is for a 3 year work visa under a different SOC code because I'm moving from a NQF Level 6 role to a PhD-level role.

My only confusion is:
Should the CoS that they've assigned to me be for "Tier 2 General - Extensions" or "Tier 2 General - Change of employment", given that my SOC code has changed for this visa application/ new role ? Note: The CoS they've assigned states its for "Tier 2 General - Extensions".

Any suggestions or feedback would be highly appreciated as I'm looking to apply ASAP this week itself. Thanks.

[manci]

The CoS assignment process the sponsor has to follow is the same for extensions and changes in employment (your case).
https://www.gov.uk/government/uploads/s ... 15v1_0.pdf

The principal difference is that for change of employment application the sponsor has to carry out an RLMT (unless an exemption applies) details of which have to be provided.

Suggest you ask for a copy of the CoS and check it. This is always a good idea because if there is a discrepancy in the data entered in your application and the CoS the application maybe refused.

[AjPS]

The CoS assignment process the sponsor has to follow is the same for extensions and changes in employment (your case).
https://www.gov.uk/government/uploads/s ... 15v1_0.pdf

The principal difference is that for change of employment application the sponsor has to carry out an RLMT (unless an exemption applies) details of which have to be provided.

Suggest you ask for a copy of the CoS and check it. This is always a good idea because if there is a discrepancy in the data entered in your application and the CoS the application maybe refused.

Thanks, I've got a copy of the CoS and it states its for "Tier 2 (General) - Extensions" as my employer is extending my stay for 3 more years whilst also moving me from a NQF level 6 role/ SOC code to a PhD level role within the same company. The company is also providing a letter of support explaining this, along with the CoS.

I also called the UKBA helpline this morning and they also said it should be an "Extensions" application if I am applying to extend my stay whilst also changing the SOC code.

I know the sponsor did an RLMT for my original contract role (in late 2014) but they also advertised this new permanent PhD-level position online in late 2015 for 4 weeks and I interviewed alongside other candidates before securing the role.

[manci]

Are details of the RLMT given in the CoS?

[AjPS]

Are details of the RLMT given in the CoS?

Hi manci, the CoS states:

Code: Select all

Tier and Category: Tier 2 (General - Extensions) 
Have you met the resident labour market test?: Y
Give details of the resident labour market test...: This role has been previously advertised and this application is an extension to his current contract.
Tick to confirm the sponsor certifies maintenance for the migrant: Y

The Head of HR at my sponsor (my current employer) has also given me a letter of support stating:

Code: Select all

I can categorically confirm that this is an extension to the applicant's current contract with the company.  At the same time we wish to move the applicant from an NQF level 6 role to a PhD level role which follows from an internal transfer within the business, which was secured in fair and open competition.  
I can confirm upon his original employment to the organisation we completed a full Resident Labour Market test.  This would have been confirmed and checked by you in granting Certificate of Sponsorship and visa to which he was originally employed. 

I called the UKBA helpline this morning and they also said it should be an "Extensions" application if I am applying to extend my stay whilst also changing the SOC code while working for the same employer.

[AjPS]

Also, if all of the above is fine and I should indeed go for an "Extensions" application, what supporting documents do I need ???

Besides:
1) Passport
2) current BRP
3) Photo
4) CoS number (filled in online form)

Do I also need the following (Note: this is an "Extensions" application & the sponsor has already certified maintenence on the CoS):
5) 3 months' bank statements
6) 3 months' payslips
7) rental agreement (accommodation proof)

[CR001]

Please continue in your other thread.

http://www.immigrationboards.com/uk-tie ... l#p1318708

Also see Multiple Posting (click)