Tier 2 - Changing Jobs Issue

[Oyoung]

I have am currently on a Tier 2 General Visa, however I would like to change jobs to a more senior role. I attended over 10 interviews this year and was made an offer for more than half of the roles, however each offer was cancelled because of my visa. I asked the last company that this happened with for specifics on why they need to cancel my offer and was given this quote from their Home Office Tier 2 Guidance :

"28.2 A suitable settled worker means any settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate with all the necessary skills and experience you advertised for, where one is a settled worker and the other is a migrant, you must appoint the settled worker even if the migrant is more skilled or experienced. The only exception is if the job falls within one of the PhD standard occupation classification (SOC) codes listed below, when you can appoint a migrant if they are the most suitable candidate."

My question is what can I do about this? Do I have to continue applying and hope for the best or is there some other option? I have another interview this week and it would be great to have some useful information before hand, hopefully to avoid this issue again.

Thanks in advance,
Kind Regards
OYoung

[square189]

Mention on your CV that you are on a Tier2 visa, and before you go for an interview, tell the company upfront that you will need sponsorship. Your new employer must be a Tier 2 sponsor. Here is a list of Tier2 sponsors https://www.gov.uk/government/uploads/s ... onsors.pdf. The new employer must also be on this list.

[Oyoung]

Thanks for the response Square189. I usually tell the company upfront and also check the register before applying. The issue seems to be that he hiring managers do not actually check anything about the visa before hand and HR only informs them after the offer is made.I'm not sure what other approach I can take.

[eduleal]

I'm currently facing a similar situation.

What you clearly need to communicate is that the clause in question is NOT applicable to someone who is already a worker in the UK on this visa.

As such, we are eligible for an Unrestricted CoS, therefore they do not need to take a resident labour test and prove that they couldn't hire someone from the EU.

Communicating that is a challenge though, because most companies can't be bothered, unfortunately.
It's a big constraint for career growth before you can apply for ILR.

[tbird]

Hi guys, I'm having a similar issue -- about to be made redundant at my current post (tier 2 general sponsored) so am desperately applying for jobs to remain in the country as I am literally 9 months away from being able to apply for ILR but I am terrified of the resident labour market test!

Eduleal, can you elaborate on this below?

I'm currently facing a similar situation.

What you clearly need to communicate is that the clause in question is NOT applicable to someone who is already a worker in the UK on this visa.

As such, we are eligible for an Unrestricted CoS, therefore they do not need to take a resident labour test and prove that they couldn't hire someone from the EU.

Communicating that is a challenge though, because most companies can't be bothered, unfortunately.
It's a big constraint for career growth before you can apply for ILR.

It's this clause that really freaks me out - how can I/my employer prove that a settled worker isn't suitable?
"28.2 A suitable settled worker means any settled worker who has the skills and experience you are seeking. If you find that you have more than one candidate with all the necessary skills and experience you advertised for, where one is a settled worker and the other is a migrant, you must appoint the settled worker even if the migrant is more skilled or experienced. The only exception is if the job falls within one of the PhD standard occupation classification (SOC) codes listed below, when you can appoint a migrant if they are the most suitable candidate."

Any help much appreciated, I'm sure everyone on here knows how scary/helpless this feels!

[irfanzafar]

Eduleal: RLMT is not exempt even if you are applying from inside the UK. Check the new Salary Threshold as well.

I am on 2135 visa expiring in October-17. Salary Threshold was £33K last month but now it is £34700
I am not sure if new experienced level is applicable in my case or not?
I had few offers in last few months but were withdrawn because of RLMT issues.

It seems like an under the carpet policy to make the things so expensive, tough and complicated for even existing people (how it is possible that you are starting from £26500 as new and after 3 years will get £34700 as an experienced).......... The people who studied here and lived here for so many years contributing genuinely, got families, its not easy for them to wind up everything and just get out from here and then again start from scratch in their respective countries. Hence we claim to treat every one equally.............