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Tier 2 > Getting Promotion

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

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psarkar
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Posts: 5
Joined: Thu Oct 23, 2008 4:23 pm

Tier 2 > Getting Promotion

Post by psarkar » Wed Jun 13, 2012 9:23 am

Hi
Do I need to submit a change of employment application on being promoted. I have to go through an interview process in order to get this promotion. The SOC code and core duty (job role) hasn't change and the job title is still under shortage of occupation list. Only change is increase of salary.

Regards
PS

john353
Member
Posts: 140
Joined: Thu Oct 14, 2010 11:04 pm

Post by john353 » Fri Jun 15, 2012 10:59 pm

I posted a similar query a few months back....see the below link.

http://www.immigrationboards.com/viewto ... highlight=

At some point of time when I am eligible for promotion, I will also need a definite answer to this. If I understand correctly, if the SOC code and employer doesn't change, then there is no need for a change of application. The employer just needs to notify UKBA about this change (no need to get approval).

If manci or sushdmehta or anybody else could confirm if this understanding is correct, that would be great.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Jun 17, 2012 7:50 am

john353 wrote:I If I understand correctly, if the SOC code and employer doesn't change, then there is no need for a change of application. The employer just needs to notify UKBA about this change (no need to get approval).
.
Correct, subject to salary requirements. See the sponsor guidance paragraphs 524-525 and 556:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

524. Where the migrant will continue to work for you, but they are moving to a new job within the same Standard Occupational Classification (SOC) code, the salary for that new job must be:
a) at least the salary that was on the original CoS on which their current grant of leave was based; or
b) at least the appropriate rate for the new job as shown in the relevant code of practice.
whichever is higher.

525. Where the migrant will continue to work for you within the same SOC code, they will not have to make a new application for leave unless:
a) the new salary does not meet the above requirement ........,

556. You must report the following within 10 working days:
................................
d) if there are any significant changes in the sponsored migrant‟s circumstances, for example:
I. a promotion or change in job title/core duties, other than those which require a change of employment application.
II. a change of salary from the level stated on the migrant‟s CoS, other than changes due to annual increments, bonuses or a change of employment application being made;

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