Tier 2 Change Of Employment INSIDE country - New Rules

[huzefa.motors]

Hello Guys,

Need bit of an urgent assistance.

My Tier 2 employer has lost their licence and as per the letter they received from UKVI they terminated me and handed P45 of that date. I haven't received any curtailment letter so I take it as I have 60 days to find another sponsor, change category etc (kindly correct me if I am wrong and can stay until I receive letter).

With this I have 3 questions:

1. I have been told by a lot of lawyers and immigration service provider that if I want to switch employment within country and get another Tier 2 Sponsor, I must have a UK recognised degree or else I must leave country and apply from outside. I can't find anything relevant to this on gov.co.uk site. Please advise as I have limited time.

2. Second is, think positive and say I get another sponsor and everything goes well but what if Job starts in next few days and my termination has been done already 2 weeks before so in a way I am unemployed for 3-4 weeks, does this break my continues residency towards ILR?

3. My wife is full time employed as well as she is free to work on Tier 2 Dependent visa, her employer doesn't know about this so can she really keep working for them? our visa ends next year April.

Please let me know answer of above questions as I have scrolled plenty of pages online and could not find anything.

Also, if anyone has any extra helpful information on tips and advises on what should one do when they lose job when their employer's licence is revoked and have not received any curtailment letter.

Thank you in advance
-Huzefa

[iworker]

1 u only need a job offer and a unrestricted cos to apply a new visa. your job should be at soc level 6, but u dont need a degree.

2 No

3 as long as u dont receive a curtailment letter.

Can your wife get a cos since she is already employed? also if she can, she need a restricted cos and need to apply from home country.

remember if u dont get a cos now and u change within country, and leave uk, u will have to serve a 1 year cooling off time before u can apply a new visa from outside uk and that will break your cycle to ILR.

why was the licence cancelled?

[huzefa.motors]

Thanks iworker for your response.

on point 1. that's absolutely new to me, as PDF guidance I read tells me that new company needs to do RLMT etc as well and will be restricted certificate. Can you confirm this? Just to elaborate, my current leave is until 14.04.2016 and I need to change job as my Tier 2 Employer has lost their licence due to a lot of points raised but main ones are that company did not keep copy of CVs received when they originally did RLMT and second is that when they surprise interviewed me 3 months before and asked for job description which I ensured that I told that all correct based on SOC code of business development manager but they feel it is more relevant to other SOC code which is at NQF 4 level and is not eligible for Tier 2

Also, anyone has any information on how can I quickly get another Tier 2 sponsor, looks to me so difficult and immigration service provider wants world of money to do this.

I appreciate your time!

[iworker]

if you do manage to get a cos before you leave the UK (before the end of your curtailment time), you need a unrestricted cos. The future employer will need to carry out RLMT to issue you a cos. The job will need to be at SOC level 6. It is the job which needs to be at level 6, not your education.

[huzefa.motors]

Right ok. I found this in guidance for Tier 2 PDF :

Change of employment applications

217.You must make a change of employment application if you wish to change employer. You
must have a new Certificate of Sponsorship from your new sponsor and you must meet all
the points requirements.

218.You must also make a change of employment application if you are remaining with the same
employer but:
 there is a change to your core duties which means you change jobs and the new job is
in a different Standard Occupational Classification (SOC) code to the one stated on your
CoS. (This does not apply if the SOC Code for your new job has only changed because
of the reclassification from SOC 2000 to SOC 2010); or
 you have been working in a shortage occupation and are remaining with the same
sponsor but there is a change to your core duties such that you have changed jobs and
your new job is not on the shortage occupation list; or
 you were earning at least £155,300 (or the equivalent threshold that applied when
you made your application), and your salary is reduced to an amount that is lower
than that threshold.

219.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, or you are moving under TUPE (or similar) protection due to a
takeover, merger, de-merger or any other circumstances in which TUPE is triggered; or
 you are undertaking a professional examination(s), for example an Objective Structured
Clinical Examination (OSCE) or Professional and Linguistic Assessments Board (PLAB),
to assess whether your skills meet UK standards before you commence working for your
sponsor, where this is a regulatory requirement of the job shown on your Certificate of
Sponsorship and you continue to be sponsored during such period; or your salary is
reduced due to maternity, paternity, adoption leave, and/or a period of sick leave that
lasted for one month or longer; or
 changes to your core duties which mean your job changes within the same SOC code
(provided your new salary rate is at or above the appropriate rate for the job as set out
in the codes of practice).

220.Your sponsor may be required to carry out a new resident labour market test. A resident
labour market test will not be required if you are applying as an Intra Company Transfer
(continuing to work for the same company), a job which is a shortage occupation or job
where your salary is £155,300 (or £153,500, if the recruitment took place before 6 April
2015) or above.

Above translates to something different iworker, I am sorry but it's just I want to get this right otherwise I am going to gamble a lot of money.

[iworker]

be more clear.
which point is contrary to what i have written

[huzefa.motors]

Hello iWorker,

In relation to type of certificate, PDF reads it should be RESTRICTED certificate as it will require RLMT. Is that correct?

Thank you.

[iworker]

the script that you have copy pasted, 217 applies to you. Where in that have u found word 'restricted'.
if it the new cos is for u, and u are applying within country, restricted cos will not make sense anyway as u are not adding to the overall ukvi limit to 20700.
but anyway, i rest my case,. maybe someone else can help u

[huzefa.motors]

Thanks iWorker, it was my bad, I should not read too much It is unrestricted certificate with RLMT (unfortunately).

Lucky enough I have managed to find another sponsor however just not clear again on English language requirement. My last test was 3 years before which I take it as no longer valid. Does change of employment requires English language points?

Can you let me know?

[iworker]

you dont need to provide english language test as your current leave is tier 2.

[huzefa.motors]

Hello iWorker,

Hope you're well.

Need some more information with change of employment within the UK.

Let's say currently I am paid £35k for example for Business Development Manager for which based on SOC code it is as below:

Salary rates: New entrant: £22,000 / Experienced: £30,600 (3545 - Sales accounts and business development managers)

If I am changing to new employer and if they can not pay me my existing pay for example £35k, is that ok? I think I will be counted as Experienced person so can they pay me £31k and will my change of employment application be successful?

I look forward to hearing from you.
-Huzefa

[FaeLLe]

All you need to meet is the salary requirements for the SOC code experienced person category.