Change of Jobs- different soc codes

[ITGraduate]

Hello Senior Users,

Asking on behalf of a friend.

Background: We are trying to hire an employee who is currently in UK on a Tier 2 skilled visa SOC code 2139. He came to the UK in March last year. He is working for another company but is interested in joining our company in a similar role.

Queries:

1- If we want to hire him do we need to hire him only on the same SOC code/job role or can we hire him in a different position with a different soc code? Would it affect his ILR qualification?

2- If he changes his SOC code/job role ( say example from IT software Penetration Tester to Software Tester ) would his ILR clock reset? OR can he qualify for ILR by working 2 years on one SOC code and another 3 years on a different SOC code?

3- He is currently on 45,000. do we have to hire him on ££55,000 or can we hire him for 2135 or 2136 for £43,000 given he has a transitional arrangement if any?

4- Does he have to pay IHS fees again for him and his dependents. His existing visa was issued fir 5 years and his employer paid for 5 years IHS. will there be a refund?

Many Thanks!

[lolo2]

1. No. An applicant can be sponsored in any eligible SOC, according to their qualifications.

2. No. Same as 1.

3. Salary has to meet the current conditions - whichever is the higher of:

• £38,700 per year

• the ‘going rate’ for the type of work you’ll be doing

4. He needs to apply and pay everything again. IHS might be refunded pro-rata of the remaining time. Dependants can stay in their current leave until expiration.

[ITGraduate]

Thank you for your reply.

on item 4 - you have said depends can stay in their current leave. Does it mean they dont have to apply for new visa even if the main applicant changes emploers? pl confirm as this is a great news for them not having to pay visa fees for his dependents. He still has 4 years left on his current visa out of 5 years.

Thanks

[lolo2]

Correct.

Dependants can apply either together with the main applicant or later at any time before their current visa expires. That's clearly explained in the immigration rules.

[ITGraduate]

[quote=lolo2 post_id=2160348 time=1713897643 user_id=227009]
Correct.

Dependants can apply either together with the main applicant or later at any time before their current visa expires. That's clearly explained in the immigration rules.
[/quote]

Great news- thanks again. In that case they will straight apply for ILR as their current visa was granted for 5 years and 4 years still left

Thanks

[ITGraduate]

[quote=lolo2 post_id=2160348 time=1713897643 user_id=227009]
Correct.

Dependants can apply either together with the main applicant or later at any time before their current visa expires. That's clearly explained in the immigration rules.
[/quote]

sorry can you direct me to the immigration rules pertinent to this? I am still looking but cant find this mentioned anywhere.

Thanks!

[lolo2]

https://www.gov.uk/skilled-worker-visa/ ... r-employer