Tier 2 ICT - New Designation/Position change

[firangi]

Hi

I have a spent 4 yrs of the 5 yrs on my WP (Tier-II, ICT) issued back in Nov 2008.
Recently I was "promoted" to a newly created position in my company (advertised internally), which (obviously) needed experience of the work that I was doing in my previous position.
My question is::: Since Tier-II are approved and issued ( I may be wrong) for positions where there is shortage of candidates. Hence, would this "promotion" mean that I/we (Employer) have violated the basic criterion (original position) for which the original Tier-II ICT was issued? Will the UKBA take into consideration any promotions (and not reject) when I apply for ILR/PR?

I hope you got my question.

Cheers

[manci]

see my post in this thread and the link given there:
http://www.immigrationboards.com/viewto ... =promotion

[firangi]

Hi Manci

Thank you very much for your prompt response (and the link). My preliminary personal investigation tells me that after the promotion although my SOC has changed, but the skills required for new position are almost the same as old position (on which I was granted Tier-II ICT).
I reckon - the SoC will change if you are promoted to be a Manager (because Manager's have different SOCs).

I think the best idea here would be to get my employer involved and request them to check with UKBA?
What do you think?

Suppose - if UKBA asks my employer to apply for a new Tier-II under new regulations, will I stand to lose the opportunity to file a ILR/PR, as it's only 1 year left on my current 5 yrs Tier-II ICT visa?

Sorry for the long list again.

Thanks again.

[manci]

If the SOC code changes a new CoS has to be assigned and new leave applied for. See paragraph 524 in the sponsor guidance and paragraph 188 and onwards in the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

However, there is a certain amount of flexibility in choosing the appropriate SOC code for a job. See paragraphs 214-217 in the sponsor guidance, in particular:

214 ....It is important that you choose the SOC Code which contains the job description that best matches the role you want to recruit for even if the job title you use is different to the one in the Code of Practice.

The choice of SOC code is the employer's responsibility, they have to decide it with refrerence to the codes of practice, there is no point asking UKBA, they cannot help.

The codes of practice valid from 14 June 2012 are here:
http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

The previous set of codes of practice are here:
http://www.ukba.homeoffice.gov.uk/sitec ... /nvq3-cop/

It is worth seeing if your new duties can fit into your present SOC code which was stated in your CoS. If they can a new CoS and leave application can be avoided, there will only be a reporting duty to UKBA, see paragraph 556 in the sponsor guidance.

If considering the above it is decided to assign a new CoS and for you to apply for new leave this shouldn't affect your settlement application in a years time.