Tier2 General-change employer-Restricted or Unrestricted COS

[sk10aaaa]

Hello gurus,

I'm on Tier 2 General visa and in the process of switching to another employer (within UK). I was been told by the new employer that they have applied for Restricted COS and I have received the COS from the new employer, now. The COS says "Tier 2 (General - New Hires - restricted).

According to point 27.7 of Tier 2 - Tier 5 sponsor guidance https://www.gov.uk/government/uploads/s ... _04-14.pdf

27.7 The following are exempt from the limit and we call these ‘unrestricted’ jobs, for which an ‘unrestricted’ CoS is needed:
a) New hires – high earners: Where the annual salary for the job is £153,500 or more.
b) All applications by migrants who are applying from within the UK, including those extending their stay in Tier 2, changing employer, or switching immigration category. The only exception to this is where the migrant switching into Tier 2 (General) is in the UK as a dependant of another migrant who was last granted leave under Tier 4 and will be paid less than £153,500. These dependants do count towards the limit and you must apply for a restricted CoS for them.

Can anyone explain, Tier 2 - Switching Employer with in country, comes under "Restricted COS" or "UnRestricted COS".

Thanks

[onlooker]

You need unrestricted CoS. They should not have applied for restricted. Now they should contact HO and explain the situation.

[sk10aaaa]

Thanks for your reply.

Will UKBA reject my application, if I apply with the existing COS (restricted COS)?

thanks in advance

[moonlight55]

It's an incorrect visa category. Chances are that it'll be rejected. As onlooker suggested, the best option at this point is that your employer talks to home office and try to explain that it was done by mistake. There is a chance that HO may suggest a way out.

[sk10aaaa]

Thanks. I will talk to my new employer and explain them the situation.