Tier 2 General - extensions or change of employment ?

[AjPS]

Hi, I'm currently working in a contract role (18 months) on a Tier 2 General visa valid from Nov. 2014 till July 2016. My employer has since made my role permanent and now want to extend my stay by applying for Tier 2 General extension. They've assigned me a new CoS for a 3 year Tier 2 (General) work visa under a different SOC code.

My questions are:
1) When applying for a new Tier 2 General work visa for the same employer but a different SOC code, is RLMT (resident labour market test) needed ? Just want to clarify this, though the employer has done RLMT before choosing me for the permanent role.

2) Will be CoS be for "Tier 2 General - Extensions" or "Tier 2 General - Change of employement", given that my SOC code has changed for this visa extension application ? Note: The CoS they've assigned states its for "Tier 2 General - Extensions".

3) What supporting documents do I need besides passport, photo, current BRP, CoS number ? I've filled the form online and will pay the IHS health surcharge later today. Note: The sponsor has certified maintenance on the CoS. Do I still need 90 days' bank statements and old payslips ?
Kindly let me know as I'm looking to apply in person this week itself.

Thanks.

[AjPS]

Also, the job start and end dates on the new CoS (3 years' visa) are from 11th July 2016 to 10th July 2019.
My current visa (BRP) is valid until 10-07-2016. So, if I apply around 10th March 2016 for the new visa, will it be valid until July 2019 (3 years from new start date on CoS) or March 2019 (3 years from now) ?

[AjPS]

any suggestions ? anyone?

[AjPS]

The confusion is that:
I originally joined my current company on a Tier 2 General work visa on an 18 month contract (they did the RLMT for this role) under a Masters-level role/ SOC code, my original contract is due to expire in July 2016.

However, they had a vacancy for a permanent PhD level role/ new SOC code in the same department and I interviewed for and got the job (they did the RLMT for this role too).

So, they've assigned me a CoS under Tier 2 General - Extensions to extend my stay for another 3 years.

However, since my SOC code also changes in the new CoS, should I be applying for Tier 2 General - change of employment instead ??

[AjPS]

My 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

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 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)

[moonlight55]

In my opinion, change of SOC code means that it has to be treated like switching jobs. Hence, your snapshot of COS does not seem to be correct. It should have details of the RLMT conducted for the new SOC (if it was done). The comments shows that its been treated like a normal extension application which I think is incorrect.
Seniors can correct me if I am wrong.

[manci]

IMHO - the CoS is incorrect and if you make an application on the basis of this CoS it is likely to be refused.

If the SOC code in the new role is different from what it is in your current role then it is not an extension but "change of employment".

If you put your question to the UKVI telephone helpline in accordance with what you said in your posts then they gave you an incorrect reply (which is not unusual).

You should ask your sponsor to call the employer helpline 0300 123 4699 for clarification and advice. You could also call them yourself with a general query about the situation making out that your are an employer (they don't ask names),

[ravisb_2014]

What's your old SOC and new SOC code ?

[AjPS]

I started working here on an 18 month contract role under SOC code 2136 (NQF level 6 role).
In late last year, there was a permanent senior (scientific) vacancy for which I applied and interviewed for, alongside other candidates (both internal and external) and got the job. The new position is under SOC code 2119 (PhD level).

Now, my employer wants to extend my stay for another 3 years but using the new SOC code. I called UKBA helpline and had a brief conversation where they said it would be an Extensions application but based on feedback here, I'm not so sure now.

As far as I recall, for the new position, there were multiple adverts placed last year for over 4 weeks and many external candidates interviewed for it as well so I'm certain that we met the RLMT conditions.

I'm not sure if this would come under an Extensions or Change of employment application, though my employer is certain it's an Extensions application. I'm planning to call UKBA again tomorrow to verify or ask HR to do so.

[AjPS]

Also, I changed roles late last year. If I end up making a change of employment now with the intention to extend my visa since it expires in July 2016, would that be fine or was I needed to make this application last year itself !

I started in the new role in late 2015 (which was an extension to my old role, working in the same group on the same projects but with added responsibilities) but wasn't aware at the time that my SOC code would be changed in the future.

[AjPS]

@manci & others:
FYI, My company HR spoke to UKBA today and they re-iterated that this would come under Tier 2 (General) - Extensions and not Tier 2 (General) - Changes of Employment as this is a promotion while working for the same employer.

However, given that the SOC code has changed, they would need to do RLMT (which they already did) and would need to give detailed evidence of it which is not required for regular "Extensions" applications where the SOC code doesn't change.

[AjPS]

Hi all, my employer has applied for a new unrestricted CoS allocation to assign to me (they did so on 11-03-2016) as they had run out of their allocated CoS.

How long does this take ?
Will the new CoS allocation request be processed on 11th of next month, or is that only for restricted CoS and not for my case ?


FYI, once they get a new CoS, they will do an "Extensions" application but will provide RLMT details as they are changing my job title and SOC code on the new CoS.

[AjPS]

Update:
Hi all, my employer got a new CoS allocated today. They have assigned it to me now (for a "Tier 2 General - Extensions" application). I have filled the form online, made the IHS payment and have now requested for a Priority appointment. I wanted to go for the Premium service but the nearest available date was in April !

I will now apply under Priority service and provide my passport, current BRP and a photo as supporting documents. I'm not providing address proof or bank statements (since maintenance is certified on the CoS). Thanks.