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Job promotion

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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VirtualWaver
Member of Standing
Posts: 311
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Job promotion

Post by VirtualWaver » Fri Dec 02, 2016 3:42 pm

Hi All,

My company announced an internal vacancy that any technical company employee can apply for. They will have an interview with the department manager and he will decide who is successful. The vacancy is internal only.

This is pretty much the same job I currently do, the same department, the same duties but the role requires more experience and technical skills, its like the next tier. I work in IT so there are tiers depending on skills and experience. The job title will however change but not the core duties.

My question is: can I apply to this role or my employer has to inform UKBA and conduct a RLMT for this? Or this can be considered as a promotion and no RLMT will be required?

If there is a hassle with UKBA I won't bother really, I am fine as it is :) Just thought this can be a good opportunity to progress within the company and also boost my CV for future.

Could you please advise on this? Thanks a lot!

eduleal
Member
Posts: 181
Joined: Mon Nov 18, 2013 6:07 pm

Re: Job promotion

Post by eduleal » Fri Dec 02, 2016 5:20 pm

What defines the situation there is the SOC code your current visa was issued for.

Could the new job still be best described by the same SOC code as your current visa?

In the affirmative, it's just a promotion - however a change in job title and salary would have to be communicated and you might have to apply for a new visa. Because it's a new job under the same SOC code, either way you would NOT need to pass a RLMT in order to switch.

Good luck.

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Job promotion

Post by Djsuccess » Fri Dec 02, 2016 10:35 pm

VirtualWaver wrote:Hi All,

My company announced an internal vacancy that any technical company employee can apply for. They will have an interview with the department manager and he will decide who is successful. The vacancy is internal only.

This is pretty much the same job I currently do, the same department, the same duties but the role requires more experience and technical skills, its like the next tier. I work in IT so there are tiers depending on skills and experience. The job title will however change but not the core duties.

My question is: can I apply to this role or my employer has to inform UKBA and conduct a RLMT for this? Or this can be considered as a promotion and no RLMT will be required?

If there is a hassle with UKBA I won't bother really, I am fine as it is :) Just thought this can be a good opportunity to progress within the company and also boost my CV for future.

Could you please advise on this? Thanks a lot!
You can apply for the job as long as it is a promotion to a job within the same SOC code e.g Software developer to a Senior Software Developer. change in job title is ok provided your core duties that put you in your current SOC code is the same.
Your employer will not be required to carryout RLMT but will still need to notify UKVI about change in your circumstances . I.e That you have been promoted quoting your old and new job title and explaining that your core duties will remain the same and that the new job is still in the same SOC.

However, If the promotion will cause a change in your SOC code then RLMT will be required and might be difficult to prove that you were not pre-selected.

It is the duty of your sponsor to determine the SOC for both current job and the intending promoted role.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

VirtualWaver
Member of Standing
Posts: 311
Joined: Mon Nov 07, 2011 10:44 pm
United States of America

Re: Job promotion

Post by VirtualWaver » Sat Dec 03, 2016 11:56 pm

Thanks a lot for your replies! Very helpful!

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