Workpermit extension... Advertisement is required ?

117. A recruitment search will not usually be required if the person is continuing in the same employment.

126. If you want to employ a person currently in the UK, who already has a work permit in respect of a job with another employer or if you want the person to change jobs within your organisation you should apply to Border and Immigration Agency for permission.

127. If the application involves a change to the duties and conditions of work from those on the previous work permit application (other than Technical Changes see paragraphs 134 -138), a search of the resident labour market will normally be required (see paragraphs 47 - 73) unless the application can be dealt with under the tier 1 category (for example, if the new post is on the list of shortage occupations).

The job has changed from the previous application – Where the overseas national is wanted to do a different job for the same employer, this is a change of employment and the employer must complete a fresh WP1 and will be required to advertise the post (except for Tier 1 applications). This includes in-house restructures or promotions...

The salary has changed significantly since the original application - Caseworkers should check whether the permit holder’s salary has significantly increased since the initial application. If the salary has risen only because of annual increments it may be appropriate to consider the application as an extension. However, where this is not the case, a higher salary is likely to attract more resident applicants. Therefore the employer should be required to advertise the post and thereafter complete a fresh WP1.