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tier 2 general switching employment

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

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felsof
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Joined: Mon Nov 05, 2012 5:48 pm

tier 2 general switching employment

Post by felsof » Mon Nov 05, 2012 5:52 pm

Hi All,

I am thinking of switching job under Tier2 and have couple of questions which appreciate all of your inputs.

1. I currently have to give my employer 40 days notice thus if i wanted to switch job when do i have to apply for new t2 application with the new employer.

2. would changing employment break the 5 years continues requirement for ILR? in another word , do i have to be with the same employeer for 5 years and earn 35k and above to qualify for ILR or as long as I have been here 5 years with any employer ?


3.do i have to earn 35k from year 1 or when i apply ?

many thanks

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Nov 05, 2012 7:08 pm

1
taking account of the 40 day notice period agree a start date with the new employer who should then assign a CoS to you. DON'T GIVE NOTICE UNTIL YOU ACTUALLY HAVE THE CoS.
2
Changing jobs in T2 will not break continuity.
3
min. 35k is only required when you apply at the end of the 5 year qualifying period (and only if you entered Tier 2 after 6 April 2011)

mm0909
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Post by mm0909 » Mon Nov 05, 2012 9:38 pm

:? is it risky not to ask the cos issued before notice to current employer. Cuz I am also planning to switch jobs. My potential employer has applied for license around Oct 2012. and I am planning to ask them to do the RLMT after they received the license. and at the same time, i m planning to give the notice. is it bad to do it that way :? just asking the opinion

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Nov 06, 2012 8:30 am

There are various hurdles to overcome before a CoS can be assigned (sponsor licence, CoS allocation, RLMT, etc.) If you give notice to terminate your present employment before you actually have the CoS from another employer, and the prospective new employer falls down on one of the hurdles, your visa will be curtailed and you may have to leave the UK.

felsof
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Posts: 17
Joined: Mon Nov 05, 2012 5:48 pm

Post by felsof » Tue Nov 06, 2012 9:14 am

thanks all.

it is wise to give notice after being issued with cos. out of interest, how is the rlmt is done ? is it simply for employer to tick box to say it has been done or they have to provide document and once all that is approved then the cos can be assigned ?

this is because when i started this job i didn't have to do one as i was on t1 post study.

also when looking at a code of practice for specific job for example IT Security with salary of 30K ( just an example not a real figure). is the 30k based on certain number of hours a week? for instance 40, 37.5 ?

i am asking all these so can check my new job salary and make sure it matches the code of practice before starting the switch


i am sorry for number of questions but two more only :) ?

imagining that i have cos and going to give notice to my employer at what point should i stop working for my current employer and then work for the new employer. in anothe word while i am on my old visa ( from previous employer) i should only work for my current employer ? what happens if i do not receive my new visa within 40 days and have to leave my current job ? or the oposite receiving the new permit which allows me to work for new employer but still within 40days notice, should i stop working for current employer immediately ?


2. do i have to make a fresh application and pay the full cost again ?

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Nov 06, 2012 9:48 am

felsof wrote:thanks all.

it is wise to give notice after being issued with cos. out of interest, how is the rlmt is done ? is it simply for employer to tick box to say it has been done or they have to provide document and once all that is approved then the cos can be assigned ? they have to provide a reference No. which UKBA can/will check but if they have an allocation available this will not hold up the assignment of the CoS
this is because when i started this job i didn't have to do one as i was on t1 post study.

also when looking at a code of practice for specific job for example IT Security with salary of 30K ( just an example not a real figure). is the 30k based on certain number of hours a week? for instance 40, 37.5 ? Generally, but not always, it is 37.5 hours - you need to look at the actual SOC code
i am asking all these so can check my new job salary and make sure it matches the code of practice before starting the switch


i am sorry for number of questions but two more only :) ?

imagining that i have cos and going to give notice to my employer at what point should i stop working for my current employer and then work for the new employer. in anothe word while i am on my old visa ( from previous employer) i should only work for my current employer ? what happens if i do not receive my new visa within 40 days and have to leave my current job ? or the oposite receiving the new permit which allows me to work for new employer but still within 40days notice, should i stop working for current employer immediately ?
you should comply with your employment contract. Ideally the work start date in the new CoS should be the day after you finish in your present employment. However, you cannot start work in the new employment until you have approval from UKBA irrespective of the start date given in the CoS.

2. do i have to make a fresh application and pay the full cost again ? yes, if you change employment

felsof
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Posts: 17
Joined: Mon Nov 05, 2012 5:48 pm

Post by felsof » Tue Nov 06, 2012 9:59 am

thanks for the info

I had a look at the code of practice and here is what it says( no mention of hours)

The job must be paid the minimum salary below, which is derived either from
the Annual Survey of Hours and Earnings (ASHE) or, where alternative salary
data is available, from an alternative code of practice.
Annual Survey of Hours and Earnings: No
Other code of practice: Yes
Sponsors must select the most appropriate job description from the table
below. The job title need not be an exact match:


the salary requirments for my job is around 24K and I am paid 26K with 40hours work a week, would that be ok ?

manci
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Post by manci » Tue Nov 06, 2012 10:02 am

SOC code?

felsof
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Post by felsof » Tue Nov 06, 2012 10:19 am

looking at

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


the soc code is 2131 or 2132 this is because both point to the same document "Section J- Information and communication"

i hope this is what u need

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

Post by manci » Tue Nov 06, 2012 10:41 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Section J - Information and communication
Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working patterns.

felsof
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Post by felsof » Tue Nov 06, 2012 11:00 am

thanks very much and i should say i was lzay sorry again

i missed that

appreciated

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