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Change in Job title and description..

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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madona587
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Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Change in Job title and description..

Post by madona587 » Mon Jan 23, 2012 12:14 pm

Hi guys,

I'm on TIER2 visa. My current pay is £30,000.

I'm being promoted to a higher job role within the company in next few months.

My pay is going up to £60,000 year with new job responsibilities.

Do I have to get a new COS for this? Do I have to go through the visa process again? How about I do this? please help.

Thanks :)
Last edited by madona587 on Mon Jan 23, 2012 1:50 pm, edited 1 time in total.
In three words I can sum up everything I've learned about life: it goes on :)

Sheffield_Marketeer
Member of Standing
Posts: 332
Joined: Fri Feb 18, 2011 3:05 pm
Location: Sheffield

Post by Sheffield_Marketeer » Mon Jan 23, 2012 1:42 pm

Hi Madona587

Am sure you would have seen this (from Tier 2 Policy Guidance):

Change of employment applications
You must make a change of employment application if you wish to change employer.189.
You must also make a change of employment application if you are remaining with the 190. same employer but:
there is a change to your core duties which means you change jobs to a different • Standard Occupational Classification (SOC) code; or
you are remaining with the same sponsor but there is a change to your core • duties which means you change jobs from a job which is currently on the shortage occupation list to a job which is not on the shortage occupation list; or
your pay reduces from the level indicated on your current Certificate of Sponsorship • or current work permit, other than changes due to company-wide reductions defined as acceptable in the Sponsor Guidance, or reductions due to maternity or adoption leave.
A change of employment application is not required for other changes to your job. For 191. example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger.

191. example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger.
You must have a new Certificate of Sponsorship and you must meet all the points 192. requirements.

madona587
Member of Standing
Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Mon Jan 23, 2012 1:49 pm

Thanks. I read that but I'm so confused :?

Does change of employment application means a new Tier2 application?

My job core duties will change and so does the SOC. So does my company have to do a RLMT ? My understanding is,

Request a new COS
Assign the new COS to me for the new job title/salary
make an application? What application ?

Confused.com :shock:
In three words I can sum up everything I've learned about life: it goes on :)

Sheffield_Marketeer
Member of Standing
Posts: 332
Joined: Fri Feb 18, 2011 3:05 pm
Location: Sheffield

Post by Sheffield_Marketeer » Mon Jan 23, 2012 4:53 pm

Hmm, this is a tough one! Considering there are no precendents.

Couldn't you possibly ask your employer to call UKBA and seek guidance?

madona587
Member of Standing
Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Mon Jan 23, 2012 5:33 pm

Sheffield_Marketeer wrote:Hmm, this is a tough one! Considering there are no precendents.

Couldn't you possibly ask your employer to call UKBA and seek guidance?
Exactly.. This is the confusion :?

Anyone with more info please help..
In three words I can sum up everything I've learned about life: it goes on :)

tckraju
Member
Posts: 124
Joined: Fri Nov 18, 2011 2:10 pm
United Kingdom

Post by tckraju » Mon Jan 23, 2012 8:07 pm

Hi Madona587,

Please follow this link

http://www.ukba.homeoffice.gov.uk/busin ... s/new-job/

If the migrant is starting a new job in a different SOC code with the same employer, they must make a new application for permission to stay and work in the UK. The employer must carry out a resident labour market test (where appropriate) for the new job, and that test must show that no suitable settled workers are available to fill the post.

Your employer should do a RLMT for this new job.
You should fill the tier-2 general application form and get a new COS issued after the RLMT has been done.

madona587
Member of Standing
Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Tue Jan 24, 2012 10:43 am

tckraju wrote:Hi Madona587,

Please follow this link

http://www.ukba.homeoffice.gov.uk/busin ... s/new-job/

If the migrant is starting a new job in a different SOC code with the same employer, they must make a new application for permission to stay and work in the UK. The employer must carry out a resident labour market test (where appropriate) for the new job, and that test must show that no suitable settled workers are available to fill the post.

Your employer should do a RLMT for this new job.
You should fill the tier-2 general application form and get a new COS issued after the RLMT has been done.
Thanks mate.

This really sucks. I'm never going back to this process again. Too much stress. I think I will probably stick to my present job.

No wonder why UK Immigration is a big joke :lol: :lol:
In three words I can sum up everything I've learned about life: it goes on :)

Sheffield_Marketeer
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Posts: 332
Joined: Fri Feb 18, 2011 3:05 pm
Location: Sheffield

Post by Sheffield_Marketeer » Tue Jan 24, 2012 12:25 pm

madonna

Surely a 100% rise in salary is worth some stress??
I know what u mean by not wanting to go through this pain again, but don't the results outweigh the pain?

madona587
Member of Standing
Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Tue Jan 24, 2012 2:35 pm

Sheffield_Marketeer wrote:madonna

Surely a 100% rise in salary is worth some stress??
I know what u mean by not wanting to go through this pain again, but don't the results outweigh the pain?
But I got my TIER2 few months ago. I spent nearly 9 months trying to get it and I don't think I want to go through this again. I need to travel frequently (Family) so can't have my passport sent to them for a long time. I thought I could do some sort of "change in employment" thing but it seems our company has to do a RLMT and then I have to make a new TIER2 application then biometric.. ummmmm It's just a painful process.

Thanks for your kind replies. :D
In three words I can sum up everything I've learned about life: it goes on :)

tckraju
Member
Posts: 124
Joined: Fri Nov 18, 2011 2:10 pm
United Kingdom

Post by tckraju » Tue Jan 24, 2012 2:38 pm

Hi madona587,

RLMT + PEO Premium Application. This is really worth for what you will be paid in your new job. Do you think this would be an option.

madona587
Member of Standing
Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Tue Jan 24, 2012 5:06 pm

tckraju wrote:Hi madona587,

RLMT + PEO Premium Application. This is really worth for what you will be paid in your new job. Do you think this would be an option.
It never occurred to me about the PEO option.. Good shout mate 8)

I will re-think about this, If I have to do this I will probably get a solicitor to help me and make my company pay cause I aint doing it again :lol:

You guys are champions.. Thanks..
In three words I can sum up everything I've learned about life: it goes on :)

Sheffield_Marketeer
Member of Standing
Posts: 332
Joined: Fri Feb 18, 2011 3:05 pm
Location: Sheffield

Post by Sheffield_Marketeer » Tue Jan 24, 2012 7:50 pm

Good idea by tckraju.
Worth the additional expenditure considering the huge gain in senior position and pay.

Wish u luck madonna!

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