Switch from SOC to Non-SOC

Botman · Post by **Botman** » Tue Apr 02, 2019 8:24 pm

Hello. I had switched from a soc code job to a non-soc code with the same employer. I asked my HR if I would need to apply for a new visa and they said just the sponsorship would be taken over by the new department.

I had worked on the same visa. Would it cause any problems in the future when applying for visas or for ILR? If yes, can I rectify it somehow or is it too late?

Botman · Post by **Botman** » Tue Apr 02, 2019 10:02 pm

Botman wrote: ↑
Tue Apr 02, 2019 8:24 pm
Hello. I had switched from a shortage occupation code job to a non-shortage job with the same employer. I asked my HR if I would need to apply for a new visa and they said just the sponsorship would be taken over by the new department.

I had worked on the same visa. Would it cause any problems in the future when applying for visas or for ILR? If yes, can I rectify it somehow or is it too late?

Post by **Frontier Mole** » Tue Apr 02, 2019 11:47 pm

Sorry I am confused- what do you mean by non SOC role?

SOC codes apply to all roles, is the new role below RQF6?

Botman · Post by **Botman** » Wed Apr 03, 2019 12:22 am

I meant to say i switched from a shortage occupation job/department to a non-shortage job/department within the same employer.

Post by **Frontier Mole** » Wed Apr 03, 2019 12:40 am

Are you doing the same role but just in a different part of the business?
Or has your role completely changed?

It is really unusual for a shortage occupation role to change out of being a shortage role if you remain in the same business.

Can I ask why do you think this may be the case?

Botman · Post by **Botman** » Wed Apr 03, 2019 12:43 am

Sorry for not being clear. Its a different department under the same employer. A different specialty in the same hospital. The initial one which i got the cos and visa for was a shortage occupation job and then i switched to a department which isn’t in shortage occupation list.

Post by **Frontier Mole** » Wed Apr 03, 2019 12:53 am

Ok reading between the lines - you were originally employed as a nurse? Midwfe?
You are now entering a non-nursing role?

If the role you are now about to take is in a completely different & non-nursing related then that would suggest a new COS is required for the new role. It would also require a RLMT to be conducted.

Botman · Post by **Botman** » Wed Apr 03, 2019 12:55 am

Im a doctor but I switched departments, previous one a&e was a shortage occupation but the Next one medicine isn’t on shortage occupation list.

Post by **Frontier Mole** » Wed Apr 03, 2019 1:00 am

There should be a new COS / RLMT conducted as you no longer performing the shortage occupation role.

I am not that surprised that the HR department has not picked that up. The NHS can be very hit or miss when picking those things up.

Botman · Post by **Botman** » Wed Apr 03, 2019 1:04 am

Query was whether i need to apply for a new visa. RLMT was satisfied and sponsorship was taken over by new department according to HR.

Post by **Frontier Mole** » Wed Apr 03, 2019 1:20 am

Technically you are now working in breach of your visa conditions and your employer is failing to meet their Sponsor duties BUT it is the NHS and it is highly unlikely that they are going to lose their licence, it is not in the public interest.

As you have already moved the issue is now how to resolve the problem? That is going to involve a fairly frank discussion with the Home Office and some gnashing of teeth and the wringing of hands by your HR team. Will they own up or not, I wonder?

The impact on you going forward - if it is not questioned or discovered then it will be water under the bridge. It will only rear its head when it is time to renew your application or apply for ILR.

If at visa renewal the new job role is entered into the COS as a non-shortage role it may be spotted. If it is then your Sponsor may be pulled up but worse still you could be refused as the extension would not be valid. It is therefore recommended that you get your HR team to resolve the issue as the greatest impact certainly will possibly be on you and not them

Good luck with your HR people....

Post by **Frontier Mole** » Wed Apr 03, 2019 1:25 am

Botman wrote: ↑
Wed Apr 03, 2019 1:04 am
Query was whether i need to apply for a new visa. RLMT was satisfied and sponsorship was taken over by new department according to HR.

They are missing the point - new non shortage occupation requirement is to have RLMT - which was no doubt done BUT a new COS has to be issued to account for the fact it is a new role and it is now outside of the shortage occupation list.

Post by **Frontier Mole** » Wed Apr 03, 2019 1:38 am

If you had joined initially the hospital under a non shortage occupation via RLMT there would be no problem moving internally within the hospital.

No doubt because the new role has met the RLMT criteria they are probably thinking job done. The logic being there is no need to issue a new COS as you are already employed and what is the point as the barrier to the new role - the RLMT - has been cleared.

The clue here is the fact a RLMT was undertaken, this should have pointed to the fact the role is not a shortage occupation and therefore a new COS is required.

Botman · Post by **Botman** » Wed Apr 03, 2019 1:40 am

What’s the conclusion? Am i in trouble?

mamoru01 · Post by **mamoru01** » Wed Apr 03, 2019 5:05 am

Botman,
You mentioned in your other post that you were waiting for COS since one month.
Does that mean your employer switched you internally without waiting for the COS?

Post by **Frontier Mole** » Wed Apr 03, 2019 6:31 am

In your other post you say you have resigned....

More than confused....

If you have left your job the whole chain above is irrelevant.

mamoru01 · Post by **mamoru01** » Wed Apr 03, 2019 7:32 am

Maybe he is asking for someone else?
Either way, there is a very good reason why A&E (accident & emergency) is on the shortage occupation list.
I heard many UK doctors avoid it as it's hectic. So they fill it with non UK doctors under Tier 2.
Whereas Medicine is NOT on the list as it's easier to fill with doctors within UK.

What’s the conclusion? Am i in trouble?
I guess the conclusion is your NHS offered the new Medicine role without properly undertaking the RLMT.
It might be good idea to find out the real reason why your NHS decided to take this route.
As mentioned by others, it might be fine for now but this issue might come up later.

Botman · Post by **Botman** » Wed Apr 03, 2019 10:09 am

RLMT was satisfied. The job was advertised for 28 days and i went through the interview process.

And yes, i have resigned from that job now but Im questioning about it in retrospect.

Botman · Post by **Botman** » Wed Apr 03, 2019 10:10 am

And waiting for new Cos from a different new employer. Thats an entirely different issue than this one

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