RLMT for Tier 2 Job change

[workuk]

Hi Everyone,
Thanks in advance.
I am on tier 2 visa working in UK since last 4.5 years. I wanted to know some clarifications on changing employers at this point when I have 6 months for ILR.

1 - Is it allowed and safe to change jobs at this point, will it anyway affect my ILR application ?
2 - Assuming the answer to 1 is its safe, i have followed a post here on the steps to take
uk-tier-2-employer-sponsored-visas/tier ... l#p1067996

Its really helpful. I have a question about counter offers. If my current employer says they match the salary, will I be able to reject the new offer after getting a new BRP from the new employer ? Will I be able to continue with my current employer without any impact to visa

Please let me know if anyone has gone through this

Regards

[CR001]

Its really helpful. I have a question about counter offers. If my current employer says they match the salary, will I be able to reject the new offer after getting a new BRP from the new employer ?

If you already have a new visa for your new sponsor and reject their job, you will end up with no visa.

Will I be able to continue with my current employer without any impact to visa

Your current visa is cancelled when your new sponsor visa is granted. You will not be able to just 'carry on' working for your current sponsor. You would have to reapply for another visa once your current sponsor has completed RLMT etc etc.

[pere0026]

honestly without understanding all circumstances it's hard to realise why would U need to change employer just 6 months before ILR but if U decided so U definitely have to remember that U need reapply for Ur BRP / Visa every time U're switching employers

[workuk]

Thanks CR1.

What is the best time to negotiate the offer in that case ? It looks like a deadlock.

There is no confirmed offer letter without BRP, Without BRP I cant give notice at current employer. The only way forward looks like accepting the new offer. Do you have any other ideas otherwise ? (or anyone who read this)

@pere The current employer has not increased salary in last 2 years, although they say they will give hike to satisfy ILR requirements, I am not very sure. Thats why changing job now and its a better role as well.

[Djsuccess]

@pere The current employer has not increased salary in last 2 years, although they say they will give hike to satisfy ILR requirements, I am not very sure. Thats why changing job now and its a better role as well.

Hiking your salary 6 months before ILR just to meet ILR requirements might cause more issues that you know. If you have a new offer from another sponsor with the appropriate salary and RLMT is done correctly, there's no problem in changing job now

[workuk]

@Djsuccess Thanks for the info.

I had thought they might question if its 1 month before ILR and all, didnt knew few months ear hike might cause issues too.

any idea what sort of problem it might cause ?

[workuk]

Hi There,

I have a typical scenario with respect to travel outside UK. I am just speculating if this happens.

I am on Tier 2 General visa, say i switch jobs and get new BRP (CoS from from new employer.) with start date in future.

Question 1 : Will my current BRP be given back to me or will it be held by UKBA when i make the switch application ?

Question 2 : What if I have to travel out of uk while working for old employer and before starting the new job ? I will not have the old BRP ( i guess) when i enter back , and new BRP will be with future start date (with start date a month in future)

Has anyone faced this scenario
Regards

[Djsuccess]

@Djsuccess Thanks for the info.

I had thought they might question if its 1 month before ILR and all, didnt knew few months ear hike might cause issues too.

any idea what sort of problem it might cause ?

Getting a huge salary increase just before ILR will raise a red flag. Usually, a suspicion that the employer only increased the salary to meet ILR and might reduce it after ILR is approved. So usually, the application might be delayed and then UKVI compliance visit will be carried out during which they will confirm if everyone in the company got the same level of salary increase. If you are the only one getting the increase, then your sponsor must provide a strong reason with evidence why you are the only one getting for the salary increase.
If your current sponsor chooses to increase your salary 6 months before ILR, they will need to update UKVI via the SMS and explain.
A few people have had salary increase few months before ILR and didn't have issues but most people in the same situation do have issues with their application.

[CR001]

Question 1 : Will my current BRP be given back to me or will it be held by UKBA when i make the switch application ?

No it will not as your previous visa will be cancelled.

[workuk2]

Hi Admins,

I searched a bit but not much in the forum. I have a question on RLMT test from the new employer when changing jobs in Tier 2.

Scenario :

Entered UK as Tier 4 Student
After completion secured job and switched to Tier 2
Now switching job to with new employers' sponsorship.

Question: Should the new employer do RLMT for this job ( Note : It is although posted in multiple sites for few months)



Asking this question because from the following text in the sponsor guide...if continuous period is considered, I was on Tier 4 once and then Tier 2

• where they have, or were last granted, leave as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave,
that includes their last grant of leave, they have completed either:
o a course leading to a UK recognised bachelor’s or master’s degree
o a course leading to a UK Postgraduate Certificate in Education or a
Professional Graduate Diploma of Education
o a minimum of 12 months study in the UK towards a UK PhD
Note: from 12 November 2015, only Tier 4 migrants and students
whose last sponsor was either:
▪ a UK recognised body or a body in receipt of public funding as a
higher education institution from the Department of Employment
and Learning in Northern Ireland, the Higher Education Funding
Council for England, the Higher Education Funding Council for
Wales or the Scottish Funding Council
▪ an overseas higher education institution to undertake a shortterm
study abroad programme in the United Kingdom
▪ an Embedded College offering Pathway Courses
will be able to change immigration status (switch) into Tier 2 (General)
leave from within the UK. 

[Akorotaeva]

Yes RLTM is needed when changing sponsors (even though it wasn't when switching from Tier 4 initially).

[workuk2]

Thanks Akorotaeva.

So Tier 4 > Tier 2 > Tier 2 Change sponsor - RLMT is required.

If anyone sees this, please confirm with a yes just to know for sure.

[CR001]

Thanks Akorotaeva.

So Tier 4 > Tier 2 > Tier 2 Change sponsor - RLMT is required.

If anyone sees this, please confirm with a yes just to know for sure.

Yes RLMT is required, you are not exempt.

Topics merged with your previous tier 2 employer change questions in May.

Topics Merged (click)

[workuk2]

Thanks CR001.

[UKLL]

Hi Admins,

I searched a bit but not much in the forum. I have a question on RLMT test from the new employer when changing jobs in Tier 2.

Scenario :

Entered UK as Tier 4 Student
After completion secured job and switched to Tier 2
Now switching job to with new employers' sponsorship.

Question: Should the new employer do RLMT for this job ( Note : It is although posted in multiple sites for few months)



Asking this question because from the following text in the sponsor guide...if continuous period is considered, I was on Tier 4 once and then Tier 2

• where they have, or were last granted, leave as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave,
that includes their last grant of leave, they have completed either:
o a course leading to a UK recognised bachelor’s or master’s degree
o a course leading to a UK Postgraduate Certificate in Education or a
Professional Graduate Diploma of Education
o a minimum of 12 months study in the UK towards a UK PhD
Note: from 12 November 2015, only Tier 4 migrants and students
whose last sponsor was either:
▪ a UK recognised body or a body in receipt of public funding as a
higher education institution from the Department of Employment
and Learning in Northern Ireland, the Higher Education Funding
Council for England, the Higher Education Funding Council for
Wales or the Scottish Funding Council
▪ an overseas higher education institution to undertake a shortterm
study abroad programme in the United Kingdom
▪ an Embedded College offering Pathway Courses
will be able to change immigration status (switch) into Tier 2 (General)
leave from within the UK. 

This is for switching from Tier 4 to Tier 2, you are extending your Tier (i.e. Tier 2 to Tier 2), so this is not applicable to you