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Change Job title in same company and Redundancy question

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

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thermalboyz
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Change Job title in same company and Redundancy question

Post by thermalboyz » Sun Jan 23, 2011 10:37 am

Hi, i have WP 5 years (from Sept 2007 - Oct 2012). Would like to gather some information that might be happen within my WP period. Hope someone can help.

If i change job title within the same company, same wages, different role & responsibility. (Different Standard Occupational Classification (SOC) code from the one i have and currently not on the shortage list). Do i need to reapply New tier 2 Point base and ask company to issue new COS? Do the company need to do Resident labour market test also because it is not on the shortage list?

If redundancy happens, what is the time limit i am allow to stay and find another job? Kinda transition period for getting a new sponsorship.

Thanks

mt_dilber
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Re: Change Job title in same company and Redundancy question

Post by mt_dilber » Sun Jan 23, 2011 1:56 pm

http://www.ukba.homeoffice.gov.uk/worki ... s/#header5

Changing your job

If you want to change your job while you are in the UK under Tier 2, you may need to make a 'change of employment' application to extend your permission to stay.

A 'change of employment' application is treated in the same way as an initial application under Tier 2. You must have a new certificate of sponsorship and you must meet all the points requirements - this means that your sponsor will need to carry out a new resident labour market test unless your new job is on the shortage occupation list or you are applying in the Tier 2 (Intra Company Transfer) category. You will not need to send us other evidence of the points you are claiming, if you have already sent this evidence in a previous Tier 2 application.

You will need to make a 'change of employment' application if you want to stay with your current employer but:

* your core duties will change so that your job will be in a different Standard Occupational Classification (SOC) code; or
* (if you are currently doing a job that is on the shortage occupation list) your core duties will change so that you will be doing a job that is not on the shortage occupation list; or
* your pay will be lower than the level indicated on your current certificate of sponsorship or work permit, unless this is because of a company-wide reduction defined as acceptable in the sponsor guidance, or because of maternity or adoption leave.

You will not need to make a 'change of employment' application if you want to stay with your current employer but your job will change in other ways (for example, if you want to change to a new job in the same SOC code, or if your pay will increase).

If you make a 'change of employment' application, we recommend that you do not start your new job until you have received your identity card for foreign nationals. You and your sponsor may agree to start your job before you have your card, on the basis of your approval letter, but you will both carry the risk of having no statutory excuse against a civil penalty if the card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new certificate of sponsorship, provided your previous permission to stay has not expired.

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thermalboyz
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Post by thermalboyz » Sun Jan 23, 2011 3:55 pm

Thanks mt_dilber,

I think i don't need to re-apply again.

If new job is in different SOC code but same company. Correct me if i am wrong.

mt_dilber
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Post by mt_dilber » Sun Jan 23, 2011 3:58 pm

thermalboyz wrote:Thanks mt_dilber,

I think i don't need to re-apply again.

If new job is in different SOC code but same company. Correct me if i am wrong.

no, u do need to apply.with new cos.

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thermalboyz
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Post by thermalboyz » Fri Jan 28, 2011 4:26 pm

Thanks,

I will check with HR now, if need to apply new COS, i rather not change the job title. Play save for it.

I will post my result soon after HR responsed my email.

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thermalboyz
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Post by thermalboyz » Thu Feb 24, 2011 12:40 pm

Sorry for late reply. Been a while with HR department. Apparently i do not need new COS because I am still in the category (SOC) even my job title change.

Hope this will provide some information for people who have similar issue. Do check with HR first and find out what needed to be done.

legalalien
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Post by legalalien » Sun Feb 12, 2012 2:01 pm

moved to ILR

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