Tier 2 change employer clinical lectureship

[rgdundee]

Dear all,

I have few questions. I work as a training doctor in NHS and am switching my employer to clinical lectureship at a university (which is also a training job)


My current Tier 2 is valid till August 2018 and contract till august 2022 (will apply for ILR in November 2018). I will get the new unrestricted COS in next few weeks and then apply for new visa.

1) I wanted to know if for some reason if my new visa is refused I can still continue working on the same visa for my current employer- and apply for extension in August 2018?

2)What will be the SOC code for this job?. SOC code for medical practitioner it is 2211 and for PhD level researcher it is usually 2112 but it is not clear what the SOC code will be for someone who does both- as a clinical lecturer(50% research 50% clinical work) ? This clinical lectureship requires one to have a PhD, which I have ,so it should have all the benefits which come for the PhD level job, like not requiring to employ a settled worker if they meet minimum requirements etc.

3) I can get my visa by premium processing and then apply for my wife and daughters visa later on with regular processing?

4) I will give a three months notice once I get my new visa- and then start new employment. Will that be ok?

thanks for your help.
RG

[UKLL]

Dear all,

I have few questions. I work as a training doctor in NHS and am switching my employer to clinical lectureship at a university (which is also a training job)


My current Tier 2 is valid till August 2018 and contract till august 2022 (will apply for ILR in November 2018). I will get the new unrestricted COS in next few weeks and then apply for new visa.

1) I wanted to know if for some reason if my new visa is refused I can still continue working on the same visa for my current employer- and apply for extension in August 2018?
As long as you don't resign from your current job until you receive the outcome of your visa application


2)What will be the SOC code for this job?. SOC code for medical practitioner it is 2211 and for PhD level researcher it is usually 2112 but it is not clear what the SOC code will be for someone who does both- as a clinical lecturer(50% research 50% clinical work) ? This clinical lectureship requires one to have a PhD, which I have ,so it should have all the benefits which come for the PhD level job, like not requiring to employ a settled worker if they meet minimum requirements etc.
Maybe PhD is better?

3) I can get my visa by premium processing and then apply for my wife and daughters visa later on with regular processing?

4) I will give a three months notice once I get my new visa- and then start new employment. Will that be ok?
It depends on the start date stated on your CoS, if your CoS states the start date as 01 August 2018, you will have to start with your new employer from 01 August 2018. Bearing in mind the "notice period" is not law, nothing will happen if you give a notice shorter than 3 months, just a bit unprofessional. Your current employer will have to let you go even your notice is shorter than 3 months, due to visa reasons.


thanks for your help.
RG

[rgdundee]

Many thanks. very helpful.

Do I have to start on the start date stated on the COS? My new employer is happy to wait for 1 month. So if start date is 1st June, they are happy to wait till 1st July. Will that be ok?

The problem with notice period is that , the current employer if they are unhappy can report to GMC- saying that patient care was compromised. So have to give 3 months as mentioned in the contract.

[UKLL]

Many thanks. very helpful.

Do I have to start on the start date stated on the COS? My new employer is happy to wait for 1 month. So if start date is 1st June, they are happy to wait till 1st July. Will that be ok?

The problem with notice period is that , the current employer if they are unhappy can report to GMC- saying that patient care was compromised. So have to give 3 months as mentioned in the contract.

I think I have read it in the rules that the new employer can change the start date to no later than 28 days after the start date on the COS or the issuing date of the BRP, whichever is later. I think you just need to be honest and let your current employer know of your situation and your visa requirement. I work for the NHS and previously had the same problem, but my employer was happy for me to give a shorter notice knowing my visa situation. As your current employer will get penalised by the Home Office if they continue to use you when your new visa does not allow you to work for them, they will likely have to let you go. The best option is, in my opinion, for example if your premium appointment is 1st March, ask your new employer to put the start date on the COS as 28th June (or something like this), enabling you to give the longest notice as you could after you know the visa application outcome on the same day

[rgdundee]

Many thanks. very helpful.

So if the start date on my COS is 10th June I can apply for my visa on 11th March - 15th March. As soon as I get it via premium processing I give notice same day and can start working with new employer from 15th June to 20th June. Am I thinking right?

Not sure how easy/difficult it is to get quick appointments for premium processing? Any ideas?

[UKLL]

Many thanks. very helpful.

So if the start date on my COS is 10th June I can apply for my visa on 11th March - 15th March. As soon as I get it via premium processing I give notice same day and can start working with new employer from 15th June to 20th June. Am I thinking right?

Not sure how easy/difficult it is to get quick appointments for premium processing? Any ideas?

I think you are right yeah but do let your new employer put a note on their Sponsorship Management System. I don't know the answer to your second question.