Change of employment

[Yummychouchou]

Hello,

I am a 5.5 years of work permit holder since Feb 2007.
Recently I got a job offer from another company in the same field and my current position.

Do they need to start from the beggining to apply my visa?
What documents will be required for it now?
Through my friend's case HO used to require only pay slip and Work permit reference number but it seems everything has been changed now..

I could not find a proper answer for changing employment through UK Boarder Agency, could anyone please advise me what process I need to take?

Thank you very much in advance.

[calawang]

Hello,

I am a 5.5 years of work permit holder since Feb 2007.
Recently I got a job offer from another company in the same field and my current position.

Do they need to start from the beggining to apply my visa?
What documents will be required for it now?
Through my friend's case HO used to require only pay slip and Work permit reference number but it seems everything has been changed now..

I could not find a proper answer for changing employment through UK Boarder Agency, could anyone please advise me what process I need to take?

Thank you very much in advance.

You will have to meet the full criteria for T2, ie, your new employer will need a sponsor licence, do a residential market test, and you need to score 50 points in Attributes, and meet English and maintenance fund requirements.

[Yummychouchou]

Hi Calawang,

Thank you very much for your reply, I really appreciate it!
So　I will need to start from the beggining like the way how I got my current work permit then.. Does 28 days of advert will be required too?

Thank you very much for your advice!!

[calawang]

Hi Calawang,

Thank you very much for your reply, I really appreciate it!
So　I will need to start from the beggining like the way how I got my current work permit then.. Does 28 days of advert will be required too?

Thank you very much for your advice!!

No problem. The residential labour market test is tougher than before. the employer has to advert on Jobcentre Plus and one more publication, which depends on what type of work you will do (as certain jobs cannot be advertised through agent). It is complicated. you can go to UKBA and search 'Code of Practice', and find the category relating to your job and then find how much salary you will need to get and the type of means your employer can advertise the job. I recall now it should be 6 weeks.

[bluu2k]

I also have some questions about change of employment and would be very grateful if you can help.

1. An employee, a work permit holder, changed from full-time (35 hours per week) to part-time (21 hours per week) job, with the same employer, same work/position. Is it considered as "change of employment" and thus subject to new set of regulations for T2 workers?

2. An employee, started with work permit under old system (pre 26 Nov 2008), had his work visa extended under Transitional Arrangements after 26 Nov 2008 and got approved. When he applies for further extension(s) in the future, should he be subject to the new set of regulations for T2 workers (except residential market test as no advert would be required for existing post)?

It apprears to me that the answers to both questions are YES, but can't find any specific Home Office's provisions corresponding to them.

And another question, is it not difficult to get approval from HO for part-time jobs nowaday? (Given that the employee would have a very good chance doing extra work regularly with the same employer to top up the income, but just no vacant for full time job available at the moment.)

Many thanks for your help in clarifying the above issues.

[calawang]

I also have some questions about change of employment and would be very grateful if you can help.

1. An employee, a work permit holder, changed from full-time (35 hours per week) to part-time (21 hours per week) job, with the same employer, same work/position. Is it considered as "change of employment" and thus subject to new set of regulations for T2 workers?

2. An employee, started with work permit under old system (pre 26 Nov 2008), had his work visa extended under Transitional Arrangements after 26 Nov 2008 and got approved. When he applies for further extension(s) in the future, should he be subject to the new set of regulations for T2 workers (except residential market test as no advert would be required for existing post)?

It apprears to me that the answers to both questions are YES, but can't find any specific Home Office's provisions corresponding to them.

And another question, is it not difficult to get approval from HO for part-time jobs nowaday? (Given that the employee would have a very good chance doing extra work regularly with the same employer to top up the income, but just no vacant for full time job available at the moment.)

Many thanks for your help in clarifying the above issues.

Hi, first question, my answer is no but your employer should report the change to HO as this is considered a significant change (same as change of salary, or job title).

Second question, well you may have to be subject to the T2 criteria but only the one for extension under T2. you do not have provide a lot of things.

[bluu2k]

Hi, first question, my answer is no but your employer should report the change to HO as this is considered a significant change (same as change of salary, or job title).

Second question, well you may have to be subject to the T2 criteria but only the one for extension under T2. you do not have provide a lot of things.

Thanks very much Calawang.

The changing from full-time to part-time (same job, same position, but pro-rata pay resulting much less contracted income) happened at the expiry of the original work permit. Do you think that the employee can apply to extend under the transitional arrangements with the part-time job without meeting the new full set of T2 requirements? (the employer has the cert number ready for him, just does not want to run a residential labour market test.)

If it's OK, then will this transitional arrangement approval be treated as his initial approval for further extension(s), or will the HO still refer to the original work permit?

I am still a bit unsure as poster from another thread appears to receive a different explanation from the HO http://www.immigrationboards.com/viewtopic.php?t=38129

Very grateful for your help.

[calawang]

Hi, first question, my answer is no but your employer should report the change to HO as this is considered a significant change (same as change of salary, or job title).

Second question, well you may have to be subject to the T2 criteria but only the one for extension under T2. you do not have provide a lot of things.

Thanks very much Calawang.

The changing from full-time to part-time (same job, same position, but pro-rata pay resulting much less contracted income) happened at the expiry of the original work permit. Do you think that the employee can apply to extend under the transitional arrangements with the part-time job without meeting the new full set of T2 requirements? (the employer has the cert number ready for him, just does not want to run a residential labour market test.)

If it's OK, then will this transitional arrangement approval be treated as his initial approval for further extension(s), or will the HO still refer to the original work permit?

I am still a bit unsure as poster from another thread appears to receive a different explanation from the HO http://www.immigrationboards.com/viewtopic.php?t=38129

Very grateful for your help.

You are welcome. The thing is bit tricky if you face an extension when the position changes. It is very likely that HO will apply full T2 criteria for it. However when you apply for extension you can present your salary as hourly salary, this perhaps will help.