Switching employer - restricted or unrestricted COS?

[alexandras]

Hi All,

I am currently working under Tier 2 visa for which I have received an unrestricted CoS as I went to UK university. However, I am now switching the employer and my new employer has no experience in doing visa applications (well and neither have I, really).

My questions are -

1. When I switch an employer do they need to apply through restricted or unrestricted CoS? I tried to look on the official websites and could not find anything concrete. If someone has a link with an answer to this question from official sources (so I could forward this to my future employer) it would be great!

2. If I need an RLMT - how does my employer successfully prove that I have passed it? I mean, what is the procedure from their side?


Thank you so much!

[moonlight55]

Which official site did you look? You have all the information on gov.uk

To start off with, I would suggest you and your prospective employer go through the below documents:

T2 Sponsor Guidance: https://www.gov.uk/government/uploads/s ... _04-14.pdf

T2 Guidance: https://www.gov.uk/government/uploads/s ... _08-14.pdf

Does your employer have a license for Tier 2 sponsorship? If not, they will need to apply for one first. The gov.uk has that information as well.

[alexandras]

Thanks for the information.

I keep finding conflicted information.

The last thing I found was:

27.7 The following are exempt from the limit and we call these ‘unrestricted’ jobs, for which an
‘unrestricted’ CoS is needed:
a) New hires – high earners: Where the annual salary for the job is £153,500 or more.
b) All applications by migrants who are applying from within the UK, including those extending
their stay in Tier 2, changing employer, or switching immigration category. The only exception to this is where the migrant switching into Tier 2 (General) is in the UK as a dependant of another migrant who was last granted leave under Tier 4 and will be paid less than £153,500. These dependants do count towards the limit and you must apply for a restricted CoS for them.

From: https://www.gov.uk/government/uploads/s ... _04-14.pdf

Which to me means that I can have unrestricted CoS and do not need RLMT. But I have read somewhere different a couple of months ago (I can't find the reference now).

[alexandras]

And also, yes they have applied for license and got an A rating.

[moonlight55]

Yes, you will need an unrestricted CoS. However, if you are not paid more than GBP153,500 OR your job is not in the list of shortage occupation, your employer will need to conduct a RLMT. Refer RLMT exemptions from section 28 of sponsor guidance.

[alexandras]

Oh OK, thank you, I understood unrestricted as that you do not have to conduct RLMT.

So to sum up: it is still unrestricted CoS but RLMT has to be conducted and passed.

So then to the next question: how does my employer prove that he has conducted the test correctly and that I have passed it?

[moonlight55]

Refer section 28.16 onwards in sponsor guidance on the RLMT process.

if your employer follows the process correctly and keeps all the records as required, it should be fine.

[alexandras]

Great thank you! I have missed the little note with look at appendix D

[Balajikaki]

Hi,
Presently i am in Tier 1 general and switching into Tier 2 General, my employer have A rated sponsorship and willing to sponsor me, is my empoyer need to conduct RMLT ?

Please advice, my employer is going to be raised COS.

Thanks
Balaji

[moonlight55]

If your new job is not on shortage occupation list OR you'll be paid less than GBP 153,500, then your employer has to conduct RLMT.

[Balajikaki]

Thank you very for your reply.