Tier 2 Change on Employment(senior role+slight rise)

[Macpro]

Hello There,

I have a quick question about Tier 2 Change in employment and would really appreciate if one of you can help me please.

Currently I am on Tier 2 work permit for X amount of salary working for A organisation as Network Engineer. I would like to switch to new employer performing same(some high end stuff) role but a different Title(Senior) for X+YK salary. What I would like to know is when the new Employer wants to sponsor me with new COS, do they have to conduct resident labour market test and show the evidence to UKBA or is it not required ? I have MS degree from UK and I am working with my current employer for last 4 years(Switched from PSW to Tier2) and I do have all the skills and Qualifications of new role.

Can the new sponsor just issue me a new COS as "same role different employer" category(so it does not meet RLMT) or does my situation fall under "different role(as title is senior now) different employer and go through the RMLT". As soon as they are required to go through RMLT and if it fails to meet criteria, does it nullify existing COS from current employer and jeopardise my Current status ?

I have already completed 3 yrs on current Tier 2 and would need another 2 yrs to qualify for ILR. Does switching the jobs pose any risk or does it not have any relevance with ILR at all ? Reason I am requesting this information is because I do not really follow this bit below from UKBA site. What do they mean when they say candidates cannot switch to another tier ? and what does it mean maximum time allowed.

* begin *

Migrants who are in the UK with valid leave can make a new application if they change jobs, but we will only grant permission to stay up to the maximum time allowed under the relevant sub-category. They will not be able to switch into another tier, category or sub-category unless they have already been granted permission to work under Tier 5 (Temporary worker - Creative and sporting) as a footballer, in which case they can switch into Tier 2 (Sportsperson) if they will still be employed as a footballer and can meet the tier 2 (Sportsperson) requirements.

* end *

Please would someone be able to clarify these questions. Apologies for long post, I just want to keep things as clearly as possible.

Thanks

[manci]

the new sponsor will have to carry out a RLMT unless the job is on the shortage occupation list or you are a high earner. Read para 198 onwards in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Your eligibility for ILR will not be affected by the change of employment

[Macpro]

Thanks Manci. How about same role but a different rate and a different employer but not on Shortage occupation list(before(I switched from PSW, so back then i didn't have to go through RMLT) or currently) ? I am a Network Engineer and this is not in SOL. Does the new Employer still need to run through RMLT for assigning COS ? I saw below from UKBA at

http://www.ukba.homeoffice.gov.uk/visas ... ility/cos/

Begin
If you are currently in the UK under Tier 2 (General) in a job that is on the shortage occupation list, but the job is no longer on the list, you can still apply for an extension or to switch into doing the same job for another employer. The job will automatically qualify as meeting the skill level for Tier 2. But if you are changing jobs with your current employer or a new employer, they must carry out a resident labour market test and ensure the job is at the relevant skill level before they can sponsor you.
End

Any advice is really appreciated.

[manci]

what you quoted would only apply if your current job is or was on the shortage occopation list.

[Macpro]

Manci,

Thanks again. Just couple more questions please. Looks like its inevitable and I have to run through RMLT if its same title. I have had a look at SOC from 1st OCT 2013, and the closest one which matches my new job is 2133(85% Data centre or Network operations Manager followed by 2135(Technical consultant or Architect 90%). So If I request my new employer to issue a COS with one of these codes, I believe I am exempt from RMLT. Is this correct. Please kindly confirm.

[Macpro]

Manci,

You may have already skimmed through the URL many times, but here it is anyway.

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

Thanks

[manci]

unless the job SOC code is 2135 and it complies with the restrictions in the shortage occupation list it will not be exempt from theRLMT
http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf

Determining the job SOC code is the sponsor's responsibility, not yours

[Macpro]

Umm...You hit the nail on head. RMLT is time consuming and overhead for my new employer, so I am trying to figure out if there is any other way.

Last question(hopefully) I have is assume if I get the COS(lets say RMLT passed or used SOC 2135), but Visa is rejected(may it be due to SOC n Job description), do I have to go back to my home country or can I still continue to work with existing employer. What are the Risks involved in here if any. If yes, then it sounds like I will have to stall my career progression for at least couple more years and stick to current employer only.

Thank you Manci.

[manci]

Umm...You hit the nail on head. RMLT is time consuming and overhead for my new employer, so I am trying to figure out if there is any other way. The RLMT is not a big deal, it takes 28 days and doesn't cost much. If the new employer genuinely wants you they will go through with it.

Last question(hopefully) I have is assume if I get the COS(lets say RMLT passed or used SOC 2135), but Visa is rejected(may it be due to SOC n Job description), do I have to go back to my home country or can I still continue to work with existing employer. If you have valid leave when your application is refused there is no problem continuing to work for your current employer and, if you are eligible, to extend that leave. You can also re-apply if you have a new CoS and address the reasons for the refusal

What are the Risks involved in here if any. If yes, then it sounds like I will have to stall my career progression for at least couple more years and stick to current employer only.

Thank you Manci.

[Macpro]

Manci,

You are a star.

Thanks.

[emmy_maxy2000]

Hi I am on Tier 2 visa as Business Analyst in IT, i want to apply for new jobs in a different stream HR related jobs, how does it affect me.

can i apply for different job in HR as my current role is in IT? i need advice on this. many thanks for your reply in advance.

[manci]

Hi I am on Tier 2 visa as Business Analyst in IT, i want to apply for new jobs in a different stream HR related jobs, how does it affect me.

can i apply for different job in HR as my current role is in IT? i need advice on this. many thanks for your reply in advance.
the HR job should be NQF level 6 with appropriate salary, the sponsor has to carry out an RLMT and assign a CoS to you following which you'll need to make a change of employment application.