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Change of Sponsors

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

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smash
Junior Member
Posts: 55
Joined: Sun Sep 09, 2012 10:50 am

Change of Sponsors

Post by smash » Sat Dec 29, 2012 8:12 pm

Hi All,

I am sure this question has been raised before however could not find thread of emails regarding the same hence, my question are as follows:

Can an individual who has Tier 2 under restricted COS change his job if he/she has a better offer from a different company or sponsor?

What is the procedure?

Does RLMT needs to be carried out?

Does the individual need to make an out of country application?

Please advise.

Thanks

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

Re: Change of Sponsors

Post by manci » Sat Dec 29, 2012 8:45 pm

smash wrote:Hi All,

I am sure this question has been raised before however could not find thread of emails regarding the same hence, my question are as follows:

Can an individual who has Tier 2 under restricted COS change his job if he/she has a better offer from a different company or sponsor? yes

What is the procedure? get an unrestricted CoS from the new sponsor, then apply for leave (but don't give notice in your present job until the application has been approved by UKBA).

Does RLMT needs to be carried out? yes unless an exception applies

Does the individual need to make an out of country application? no, you can make an in-country application
Please advise.

Thanks

smash
Junior Member
Posts: 55
Joined: Sun Sep 09, 2012 10:50 am

Post by smash » Sat Dec 29, 2012 8:53 pm

Thanks Manci, much appreciated.

Just a quick question when you say leave does it mean leave to remain in UK or leave for a tier 2 general also does RLMT are meant for restricted COS only?

Kind Regards

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Sat Dec 29, 2012 9:08 pm

smash wrote:Thanks Manci, much appreciated.

Just a quick question when you say leave does it mean leave to remain in UK or leave for a tier 2 general also does RLMT are meant for restricted COS only?

Kind Regards
RLMT is required unless the job falls under shortage occupation (or you are switching from PSW visa).

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

Post by manci » Sat Dec 29, 2012 9:19 pm

smash wrote:Thanks Manci, much appreciated.

Just a quick question when you say leave does it mean leave to remain in UK or leave for a tier 2 general also does RLMT are meant for restricted COS only?

Kind Regards
1. as you are in the UK, leave = leave to remain in the UK
2. Physicskate answered your second question.

smash
Junior Member
Posts: 55
Joined: Sun Sep 09, 2012 10:50 am

Post by smash » Sat Dec 29, 2012 9:37 pm

Thanks a lot, members.

Very helpful.

Kind Regards

jkcool
Member
Posts: 146
Joined: Wed Apr 13, 2011 11:03 pm
Mood:
India

RLMT for change of sponsors

Post by jkcool » Mon Dec 31, 2012 10:32 am

Hi,

I switched from Tier 4 to Tier 2 general. At that time I did not had RLMT because I had my masters degree from UK. When I switch my sponsor ( another employer) then, am I eligible for RLMT exception again ?

JK

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Mon Dec 31, 2012 10:40 am

physicskate wrote:
RLMT is required unless the job falls under shortage occupation (or you are switching from PSW visa).[/quote]

jkcool
Member
Posts: 146
Joined: Wed Apr 13, 2011 11:03 pm
Mood:
India

Post by jkcool » Mon Dec 31, 2012 10:50 am

physicskate wrote:
physicskate wrote:
RLMT is required unless the job falls under shortage occupation (or you are switching from PSW visa).
[/quote]

I saw your post. But if you read this.

http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

You also do not need to complete a resident labour market test if:

the migrant currently has permission to stay in the UK as a Tier 4 migrant or as a student and they have received final results confirming that they have passed and will be (or have been) awarded:
- a UK recognised bachelor or postgraduate degree; or


This does not talk about getting exception for people who switch from Tier 2 General to another Tier 2 General visa. So it means that eventhough I have a UK degree, I will not get an RLMT exception. Is it ?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Mon Dec 31, 2012 11:12 am

If you think you fit an exemption, then go for it. But you don't unless you fit one of the categories that you quoted. And you don't seem to from the info you have given.

If you think about it, the point of the RLMT is to keep out workers who could be found in the resident labour force. If someone else can do your job, they don't want you here. The politics behind this are crap, but they are what they are.

They want to be sure that you continue to be necessary in your function and changing employers (and/or roles) needs some oversight to ensure that you continue to be necessary and that no one else can do what you do. (BTW I personally disagree with this as I think the difficulty in change of employer can easily (and has in my case) lead to exploitative and degrading practices by some unscrupulous employers who know you are tied to employment with them).

Again, feel free to disagree with me. My original response was to a slightly different question, but it gave you an answer too. Many of us came here under Tier 4 (or student visa before that) but it doesn't mean we can stay as long as we like. If you want to read what you like into peoples' responses, feel free, but you clearly can read the rules and they apply equally to us all. Ignore them at your peril.

jkcool
Member
Posts: 146
Joined: Wed Apr 13, 2011 11:03 pm
Mood:
India

Post by jkcool » Mon Dec 31, 2012 11:40 am

physicskate, I completely agree with you. I respect that if they found from the resident force it is fine. But, there are a lot of vacancies and the main issue with RLMT is that the procedure is time consuming and employers really does not want to do it. And if they miss something, they could loose license and end up getting fined. Instead, if there is an alternative ( such as outsourcing, hiring people who is not a close match for the job, or reaching out to umbrella companies etc ) they will go for it. This makes switching very hard and the Tier 4 person who gets into a job will be tied to it forever.

JK

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Mon Dec 31, 2012 11:50 am

jkcool wrote:physicskate, I completely agree with you. I respect that if they found from the resident force it is fine. But, there are a lot of vacancies and the main issue with RLMT is that the procedure is time consuming and employers really does not want to do it. And if they miss something, they could loose license and end up getting fined. Instead, if there is an alternative ( such as outsourcing, hiring people who is not a close match for the job, or reaching out to umbrella companies etc ) they will go for it. This makes switching very hard and the Tier 4 person who gets into a job will be tied to it forever.

JK
Agreed. It is crap; but this is the way it is. I have spent the last 8 months attempting to switch employers AND I am RLMT exempt. All of the hurdles are because the UK does NOT want immigrants (for political points scoring). This does still mean we have to go by their rules which change on a whim (in my 8.5 years in the UK I have seen it go from getting a four year stamp when you arrive at the airport to every application and applicant being criticised within an inch of its life. It makes us ask ourselves if it really is worth it....

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