Change of employment - Tier 2 - Advice Required

[chbagan]

Hello,

This forum seems like a boon from god! So here is my question for all the experts.

Current Situation
I am on a Tier 2 sponsored visa valid until November 2016.

What I want to do
I would like to change my employer and switch to another company in the same job - i.e. same SOC code.

My questions

As I will have to file a new application which would mean getting the following points:

1. Certificate of sponsorship (including residential labor market test or exemption) - 30 points

When I first came to the UK I was exempted from the residential labor market test as I have a Masters degree (November 2012) from a recognised University.

1. So will this degree still hold valid and will i qualify for an exemption and get 30 points?
2. Will my new employer have to take a residential labor market test?
2. As this will be a fresh application my last visa under which I had clearance would be Tier 2, so I am bit confused if I will be allowed an exemption?

2. Appropriate Salary - 20 points
As I will be changing my job under the same SOC code I assume this will not be a problem?

3. Maintenance- 10 points
This will be alright if I have £900 for three months or the employer is willing to certify maintenance on my CoS. Am I correct?

4. English Language- 10 points
As mentioned earlier I have a masters degree from a recognised university (Nov 2012). So will this degree hold valid for me to use as my English Language requirements?

Many thanks in advance for your expert help! Best!

[ankjain]

Do you have Tier 2 ICT or Tier 2 General ?

[chbagan]

Hey, on a Tier 2 General.

Thanks.

[t2ict]

1. If your job role is in the UKBA's Shortage Occupation Code (SOC) list, then you won't require residence labour market test (RLMT) and the new employer could assign an unrestricted CoS, otherwise RLMT is needed with restricted CoS.
2. YES
3. As you're already in the UK with a valid T2 visa, you are not required to provide any maintenance proofs (that's applicable to dependants as well ONLY if they're applying at the same time with the main applicant, otherwise maintenance proofs will be needed for dependants)
4. YES

[chbagan]

1. If your job role is in the UKBA's Shortage Occupation Code (SOC) list, then you won't require residence labour market test (RLMT) and the new employer could assign an unrestricted CoS, otherwise RLMT is needed with restricted CoS.

My Job role is not unfortunately under the Shortage Occupation Code List. By SOC code I meant Standard Occupational Classification codes. I will be shifting to another employer under the same job role.

[physicskate]

1. If your job role is in the UKBA's Shortage Occupation Code (SOC) list, then you won't require residence labour market test (RLMT) and the new employer could assign an unrestricted CoS, otherwise RLMT is needed with restricted CoS.

My Job role is not unfortunately under the Shortage Occupation Code List. By SOC code I meant Standard Occupational Classification codes. I will be shifting to another employer under the same job role.

RLMT required.

[chbagan]

1. If your job role is in the UKBA's Shortage Occupation Code (SOC) list, then you won't require residence labour market test (RLMT) and the new employer could assign an unrestricted CoS, otherwise RLMT is needed with restricted CoS.

My Job role is not unfortunately under the Shortage Occupation Code List. By SOC code I meant Standard Occupational Classification codes. I will be shifting to another employer under the same job role.

RLMT required.

Hi physicskate,

Sorry to be a pain, but are you 100% sure about this? The reason I ask is because I am in a job already and have used my degree and will be shifting to another employer with the same job role. Can I not use my degree again to avoid the RLMT?

Also, would it be possible to please show me where this is written (i.e. any UKBA document online)?

Thanks for your help!

Ankit

[physicskate]

Hi physicskate,

Sorry to be a pain, but are you 100% sure about this? The reason I ask is because I am in a job already and have used my degree and will be shifting to another employer with the same job role. Can I not use my degree again to avoid the RLMT?

Also, would it be possible to please show me where this is written (i.e. any UKBA document online)?

Thanks for your help!

Ankit

NO! Read the rules if you don't like the advice you are given. Look yourself!!!

You are no longer considered a Tier 4 applicant - where the RLMT is not required. You are switching jobs. The new company has to prove there is no one else available for the position - think about it from the UK perspective: they don't really want us here!

[chbagan]

Hi physicskate,

Sorry to be a pain, but are you 100% sure about this? The reason I ask is because I am in a job already and have used my degree and will be shifting to another employer with the same job role. Can I not use my degree again to avoid the RLMT?

Also, would it be possible to please show me where this is written (i.e. any UKBA document online)?

Thanks for your help!

Ankit

NO! Read the rules if you don't like the advice you are given. Look yourself!!!

You are no longer considered a Tier 4 applicant - where the RLMT is not required. You are switching jobs. The new company has to prove there is no one else available for the position - think about it from the UK perspective: they don't really want us here!

Thanks man. No offense I was just asking to be doubly sure. I appreciate the advice you a gave!

[tier2sponsership14]

Hi All,

I've just recently started researching into switching employer under tier general category. From my understanding of the following guideline (Tier 2 and 5 of the Points Based System Guidance for Sponsors), on page 82 of the document it clearly says that if you are applying to change employer and you are within UK, employers need to assign unrestricted COS. Also on p.84 where exceptions to RLMT is outlined (Please see below extract).I have been in UK since 2006, got a bachelor from UK university, then applied for PSW followed by a change to tier 2 general category and now wish to change employer under tier 2. From my understanding as I have been granted leave in past as tier 4 & PSW and have been continuously studying/working in UK, I believe the RLMT does not apply in such a case, which i think is similar to yours my friend. I have been searching countless posts but couldn't find a satisfactory answer and therefore decided to post this here as it seems most relevant in this thread. If anyone can confirm my finding it'll much appreciated.

Post-study work
28.8 You do not have to conduct a resident labour market test if a migrant you want to sponsor is
applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay
in the UK under one of the following:
f) they have, or were last granted permission to stay in the UK 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 received final results confirming they:
▪ have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s
degree, or
▪ have passed and will be (or have been) awarded a UK Postgraduate Certificate in
Education, or
▪ have passed and will be (or have been) awarded a Professional Graduate Diploma of
Education, or
▪ have finished a minimum of 12 months study in the UK towards a UK PhD.

[chbagan]

Post-study work
28.8 You do not have to conduct a resident labour market test if a migrant you want to sponsor is
applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay
in the UK under one of the following:

f) they have, or were last granted permission to stay in the UK 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 received final results confirming they:
▪ have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s
degree

Hi there,

I am also not yet sure about the answers I received although I am grateful to those who answered. To my understanding as you have mentioned above in quotes - then we should be exempted. However the language is confusing because it says 'last' in the sentence 'they have, or were last granted permission to stay in the UK as a Tier 4 migrant.'

I am not sure what to take away from this...

Also if you look at this link: http://www.visalogic.net/uk/sponsorship ... ates/4/131

Under the section 'Unrestricted Certificate of Sponsorship' it says that:

Employers can apply for any number of unrestricted sponsorship certificates based on their estimated requirements. Unrestricted certificates can be allocated to the following individuals:

Tier 2 migrants with valid leave extending their stay by switching to a new employer;

I think proper legal advice or someone who knows the UKBA rules would be best to comment on this. If you find anything else it would be great if you could please share!

Cheers.

[fOOt]

I havent read any of the above responses and will directly answer your first post of this topic.

The only thing you need is a certificate of sponsorship from the new employer. You will not be exempted from the RMLT like you were the last time because now you are already under Tier 2 category (unless your job is in shortage list).

You dont have to submit or show any evidence for maintenance funds or English language proof as you are already under Tier 2 category.

[Ajoybaby]

Here i found one website.
https://www.icslegal.com/sponsorshiplicence.php
They have many years of experience in sponsorship licencing. Talk with mr. Shajjad he is the best. Also ICS legal has Ranked 3rd out of 200 UK Immigration and Nationality Lawyers. So you can trust their service.