Tier 2 Autumn 2016 changes

[venerax88]

Good evening all,

I read the written ministerial statement published last week: http://www.parliament.uk/business/publi ... 4/HCWS660/.

One of the paragraphs mentioned :

''Employers will continue to be able to recruit non-EEA graduates of UK universities without first testing the resident labour market and without being subject to the annual limit on Tier 2 (General) places, which will remain at 20,700 places per year. Additionally, we shall give extra weighting within the Tier 2 (General) limit to businesses sponsoring overseas graduates, and will allow graduates to switch roles within a company once they have secured a permanent job at the end of their training programme. These changes will take effect from autumn 2016.''

I'm currently on a graduate scheme and hold a Tier 2 (General) visa that expires on 26 October 2016. I was on Tier 4 prior to the switch to Tier 2. Given the varied roles that I undertake during the grad scheme, I'm expecting my permanent role (after the end of the scheme) to be different from the one stated on my COS. This requires a change in the SOC code when I apply for extension. So my questions are:

1.) Based on the paragraph quoted, am I correct to think that I can use a different SOC code when applying for my Tier 2 visa extension this October?

2.) The details did not specify from which exact date in Autumn 2016 the new rules will take effect. I'm thinking there's a chance that my visa would expire before the new rules are implemented. However -

My Tier 2 Visa was issued on October 2014, and I believe I can also extend it by 1 year, to bring my total leave to no more than 3 years. If this is correct, can I extend it by 1 year first (whilst still sticking to my current SOC code and new entrant salary rate) and then change my SOC code later?

Any advice on the above questions will be much appreciated. Thanks!

[smallpuppy]

One thing I know is that you salary will need to satisfy the expereicend level on SOC code when you want to do a Tier 2 extension. on page 5 on this

https://www.gov.uk/government/uploads/s ... l_2015.pdf

[venerax88]

Thanks for your response. I initially thought that I could still use the new entrant rate as long as my tier 2 leave don't exceed 3 years (including the 2 years I was given) when applying for extension. Looks like this is no longer the case.

So does anyone knows if I can switch to another role (and to the corresponding SOC code) this October without going through the resident labour market test? I could still meet the experienced rate if I opt for a perm role that has lower salary requirements. Unfortunately the SOC code that I used when I first applied has a higher salary requirement

[fsix]

As far as I am aware, if the job spec matches you current job even though it's in a higher position then you can retain the same SOC and still switch roles but if the job spec varies greatly suggesting that the job you are moving on to is completely different, then your company would still need to carry out a RLMT.
If you are making an application to switch categories regardless of when, I believe at the second application you will always be treated as an experienced worker and would need to meet the relevant salary threshold.
As far as the new changes are concerned, this might mean that graduate trainees can switch to a different role within their generic SOC which you are unable to do at the moment assuming you are a non-trainee within a specialised SOC, which would make sense because while non-trainers are recruited for a specific job, graduate trainees are required to gain experiences from different parts of the business.

However this is just my interpretation and I guess we would have to wait for some more information on these changes.

[venerax88]

Thanks fsix, will keep a lookout for more information.

If anyone else has any more views with regards to my questions, please share.

[bholo]

I was thinking is it not a good idea

You extend now. There is no limit on how early you can extend. Then it will be a simple extension as your SOC Code is change.

Then when your period ends (touch hood) it will be October and August will have been elapsed and new rules will be immplemented on you and then you can simply switch.

This very much depends if there is no change from home office website.

I will suggest that extend now and make sure the end date is put much later than october

[venerax88]

My only concern is that if I extend it now, I will have to use the experienced salary rate on my current SOC code, which will be quite high. My employer won't be able to raise my salary to that level just half way through my graduate programme. My only hope now is that the autumn changes will allow me to switch role (and to its corresponding SOC code) by the time my visa expires on 26 Oct.

I actually called the UKVI and the adviser said that I can change the SOC code. But I heard that they do sometimes give the incorrect information.

Is there anyone here who was on a graduate scheme before, and successfully changed your SOC code after completing the scheme?

[venerax88]

Will be great if any experienced gurus chip in their views as well.