urgent help needed regarding changing of employer after FLRM

[zc29]

Hi everybody

My husband who is a doctor came to the UK on a tier 2 visa, and we got married and applied for his FLR M april 4th his biometrics were done 3 weeks later, we have had no response from the UKBA as yet regarding a decision.. His tier 2 visa expires august 31, and he has recently gotten a new position with a new hospital effective this week.

DO WE NEED TO INFORM THE UKBA OF HIS EMPLOYMENT CHANGE as his employment contract with this hospital ended july 31 anyways.
who should we send the letter to and what should it include

YOUR HELP IS MUCH APPRECIATED

[Lucapooka]

DO WE NEED TO INFORM THE UKBA OF HIS EMPLOYMENT CHANGE

Yes, he remains a T2 migrant, and had no permission to work with a new sponsor, unless and until his other application is approved. I'm surprised the hospital allowed him to begin (if indeed he has begun work there).

[zc29]

yes but it says under FLR(m) guidance that the applicant retains the right to work in the UK until his application is decided. Its the same health board though that is sponsoring him though just a different hopsital.

[Lucapooka]

The applicant retains the conditions of their current leave (their existing status) until their new leave is decided. His current leave does not permit employment changes without approval of the the UKBA.

[zc29]

ok where should we send the letter to, the address stated on the aknowledgement letter the one in sheffield ?

thanks for your advice

[Lucapooka]

It's not as simple as that. To change employer under T2 it would need to be a new T2 application with a COS. To do this he would need to withdraw his FLR(M) application. I think it's easier, simpler and better if he simply waits for the outcome of his FLR(M).

[manci]

yes but it says under FLR(m) guidance that the applicant retains the right to work in the UK until his application is decided. Its the same health board though that is sponsoring him though just a different hopsital.

From what you say it is likely that his sponsor/employer hasn't changed, only his work location (which has to be reported by the sponsor to UKBA in any case). Ask your husband to read the Tier 2 policy guidance, from paragraph 188 onwards. May be his new job doesn't amount to a "change of employment" in terms of the rules - only he can tell if his core duties changed or not.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[zc29]

Yes manci thats the point I was trying to explain HIS ORIGINAL SPONSOR IS THE SAME, and according to the immigration rules I was reading as long as his sponsor his SOC code, and Salary range remain the same then its permitted to change job.

please correct me ,

also 1. who shall I address the letter to the address on our aknowlegement letter the sheffield one ? or the one given in the FLRM guidance for further details after having already applied the croydon one !

2. and should I mention in letter his sponsor and salary are same ????

Thanks for your help !

[manci]

As far as your husband's present Tier 2 status is concerned, if his job change didn't involve a change of sponsor, change of SOC code/salary there is no need to make a change of employment application or inform anyone. The sponsor NHS trust will have informed UKBA of the change of his work location.

The FLR(M) form changed since you made your application in April because some rules changed in July (which doesn't affect you since your application was made before the rule changes).

As far as I know on the FLR(M) form you completed your husband's work location didn't have to be provided, only the name of his employer, job title and salary. I assume all informatuion you provided on the FLR(M) form was correct at the time of the application.

In my opinion you don't have to write to anyone about your husband's job change provided it doesn't materially affect his FLR(M) application.