TIER 2 query- what happens in case of Job promotion

[john353]

I have a doubt on what happens if I get a promotion in the middle of a job contract and has still valid Tier2 leave remaining.

It says on the tier 2 guidance that a change of employment application is not needed if the job title/salary changes but the job is with in the same SOC code. "191. A change of employment application is not required for other changes to your job. For example if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases, or you are moving under TUPE arrangements due to takeover, merger, or de-merger."

So in case of a job promotion from 'xyz' to 'senior xyz' in same SOC (while one still has valid leave remaining) does one need to still get a new COS and apply for an 'extension'? I hope not. Please let me know your comments.

[madona587]

Well I have the same problem as well

As long as your job responsibilities don't change your SOC wont change so no need for a new COS. But this is still a grey area. I have a good offer within my company but I can't be bothered to go through RLMT and whole new application process. Nightmare

Keep in mind if you move to a different position with different job responsibilities than your current Job then you need a new COS and your company must conduct a RLMT (Unless you make 150K or in Shortage occ list)

[Link-Law Associates]

John353,

There are "technical change" and "changes of employment"

Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment.

Examples of changes the UKBA will not accept as a technical change are;

The permit holder’s duties have changed due to promotion, demotion
or restructuring.

The permit holder’s salary has risen significantly; that is above normal
annual increments or pay awards applied to all, or most, staff.

if you require further help visit our website www.spammer.com for contact details

[polar]

You have to be careful, if the job nature change a lot, they may require you to apply for a new visa.

[john353]

Thanks a lot for your comments.
But it is very confusing. It clearly says in 191 of Tier 2 guidance that "if you are remaining with the same employer and change jobs to a different job within the same SOC code, your pay increases" then it is not considered as a change of employment. In my case the potential promotion is part of the natural career progression. I want to be very clear about the rules as far as possible.

spammer, is it possible to give the link which says promotion, demotion or restructuring is not accepted as a technical change? Any other comments that can throw any more light on this will be appreciated.

Cheers.

[manci]

To my mind clauses 190 and 191 of the Tier 2 policy guidance are unambiguous. The key is the SOC code. If your promotion does not involve a SOC code change then you don't have to make a change of employment application.

On the other hand by reference to the Tier 2 guidance for sponsors, page 79, at

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

you will see that your sponsor/employer must report the following information or events to the Border Agency using the online Sponsor Management System, within any time limit specified.
• if there are any significant changes in the sponsored migrant’s circumstances, for example: a promotion or change in job title/core duties, other than those which require a change of employment application.

You will note that what I'm saying does not agree with the post of spammer on 6 March.

BTW - you have not said if your promotion does or doesn't involve a SOC code change.

[parinita_kothari]

Hi,

I got my Tier 2 work permit in April 2013 under the job title Programmer and now my company thinks that because of my skills and experience they can place me in a higher position and they are ready to increase my salary and change my job title. The new job title, which is a slightly senior role, belongs to the same SOC code, the only difference is there is a 5k difference in the minimum salary of both job titles.

Also, I applied for my visa before the new rules applied from 6th of April 2013

I am confused if I need to apply for a Tier 2 change of employment for this.

Thanks in advance, for your help

Regards,
Pari.