Tier 2 General Switch - Dependent work

[raghavsurya]

Hi folks,

I am currently on Tier 2 General and switching to new employer. My proposed last day of working with current employer is Jul 5th and proposed start date is 22nd July with new employer as I am planning to take a break for 2 weeks in between during which the employer switch tier 2 general application will either be in progress or a decision made. My wife who is on dependent visa is currently working. Will my 2 week break (during which i wont be salaried/employed) affect her right to work? or can she just continue working for her employer?

Please can you provide some clarity. I really dont want her employment affected because of this change

Thanks,
Raghav

[CR001]

Will my 2 week break (during which i wont be salaried/employed) affect her right to work?

No.

or can she just continue working for her employer?

Yes.

Presumably you are not leaving the UK during the 2 weeks while an application is pending. Note also that you can only work for your new employer once your visa is approved.

[raghavsurya]

Thanks CR001.

I am not leaving the UK during the 2 week peiod. Yes I am aware I can only work for my new employer once the new visa is approved.

Just one thing though, is it 100% guaranteed that the switch applications will be approved. I am going through the new employer's solicitors and they have dons eligibility check etc and said as per their experience with UKBA it sure to be approved. Salary etc is well above range

[CR001]

is it 100% guaranteed that the switch applications will be approved. I am going through the new employer's solicitors and they have dons eligibility check etc and said as per their experience with UKBA it sure to be approved

No, it is not '100% guaranteed'. Ideally what you should have done was get a new visa before leaving your current job. A lawyer has no influence on an application and they often get things very wrong.

Has RLMT been done correctly?

What is the SOC?

[raghavsurya]

The situation was slightly complicated. Because I had a 3 month notice, the solicitors said it is hard to get a cos/visa and then start my notice period as the cos is only valid for 3 months. So they recommended I hand my notice in so they can trigger my application half way through my notice. Turned out my current employer got flexible with notice and said when ever I get the new visa I can leave. but not guaranteed I can remain if anything undesirable happens.

RLMT - I am not sure. The new employer ia an A rated sponsor. Could there be any chances that they have pre approved slots for CoS like a mopnthly cap with them?

SOC i am guessing is 2136 Programmers and software development professionals as the new job title is Senior Software Engineer

[CR001]

RLMT - I am not sure. The new employer ia an A rated sponsor. Could there be any chances that they have pre approved slots for CoS like a mopnthly cap with them?

SOC i am guessing is 2136 Programmers and software development professionals as the new job title is Senior Software Engineer

RLMT is mandatory, regardless of A rated sponsor or not, for a minimum of 28 days on the requirement platforms if your SOC is a non shortage occupation, which appears to be the case.

UCoS can be assigned if a sponsor has CoS available to assign. It is almost instant. UCoS does not fall under any monthly cap or go through the UKVI monthly allocations meeting.

[raghavsurya]

RLMT is mandatory, regardless of A rated sponsor or not, for a minimum of 28 days on the requirement platforms if your SOC is a non shortage occupation, which appears to be the case.

Looks like it is on SOC list. as per gov.uk for SOC code 2136

Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

[raghavsurya]

My bad, it is not on SoC list.

[CR001]

RLMT is mandatory, regardless of A rated sponsor or not, for a minimum of 28 days on the requirement platforms if your SOC is a non shortage occupation, which appears to be the case.

Looks like it is on SOC list. as per gov.uk for SOC code 2136

Only the following jobs in this occupation code:

Senior developer employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

SOC 2136 is on BOTH the shortage AND non shortage list. For it to be SOL, it must be with a qualifying company as defined in the link below and/or in the very specific industry stated. If none meet this requirement, then it is not a SOL SOC and RLMT is required.

uk-tier-2-employer-sponsored-visas/soc- ... 74340.html

[raghavsurya]

ah ok - So assigning UCoS does not mean RLMT is not required?

[CR001]

ah ok - So assigning UCoS does not mean RLMT is not required?

Correct. Non SOL UCoS RLMT is mandatory. You also can only be offered the job AFTER the RLMT has been completed.

How exactly did you apply for and get the job??

[raghavsurya]

How exactly did you apply for and get the job??

I posted my profile on xxxx, the HR reached out to me and arranged the interview. but the job posting was and is also advertised on their website

[CR001]

How exactly did you apply for and get the job??

I posted my profile on xxxx, the HR reached out to me and arranged the interview. but the job posting was and is also advertised on their website

Per RLMT requirements, did they advertise on the 'find a job' site??

So you did not apply for it, rather you were approached by them. Did the offer come AFTER the RLMT was complete?

Page 122 and 123 of the sponsor guidance link below.

https://assets.publishing.service.gov.u ... _FINAL.PDF

[raghavsurya]

Per RLMT requirements, did they advertise on the 'find a job' site??

So you did not apply for it, rather you were approached by them. Did the offer come AFTER the RLMT was complete?

Yes I was constantly seeing the job in sites such as linked in , glass door etc. infact I applied for that job directly through the company portal, a month before I was approached. That time I was turned down at profile stage itself. later another person from HR approached me through hired saying they had wrongly declined my application.

Is this valid scenario

[CR001]

Per RLMT requirements, did they advertise on the 'find a job' site??

So you did not apply for it, rather you were approached by them. Did the offer come AFTER the RLMT was complete?

Yes I was constantly seeing the job in sites such as linked in , glass door etc. infact I applied for that job directly through the company portal, a month before I was approached. That time I was turned down at profile stage itself. later another person from HR approached me through hired saying they had wrongly declined my application.

Is this valid scenario

[raghavsurya]

what do you mean by "find a job" site. please clarify

[raghavsurya]

Do they have to advertise specifically for every tier 2 applicant before sending out the offer letter, or if they already have advertised in any job site then that is fine, and they can just show that as proof and not wait for 28 days after me clearing the interview and getting offer document?

[CR001]

Do they have to advertise specifically for every tier 2 applicant before sending out the offer letter, or if they already have advertised in any job site then that is fine, and they can just show that as proof and not wait for 28 days after me clearing the interview and getting offer document?

Page 122 and 123 in the link I posted above explains the process and specifically refers to the government find a job service, https://www.gov.uk/advertise-job

Every non shortage job they wish to sponsor under tier 2 must have the complete and proper RLMT process done BEFORE a non EU migrant can be offered the job and sponsorship. The 28 days is there for a reason, to give settled, EU and British citizens the opportunity to apply before the ad closing date.

How could (and often do) ask for details of applicants and why a non EU migrant was selected.

If you were offered the job before the end of the RLMT, then it has not been done properly.

[raghavsurya]

Thanks CR001.

In the UKBA document is is mentioned as

All jobs must be advertised online to settled workers through the Find a jobservice (or for jobs based in Northern Ireland, JobCentre Online). The only exceptions to this rule are for:
•milkround recruitment exercises•
pupillage positions for trainee barristers
•jobs which fall within the PhD level SOC codes listed in Table1 of Appendix J to the Immigration Rules
•jobs where the annual salary package will be £73,900 or more, or £72,500 or more where the post was advertised before 6April 2017

My salary offerred is more than the figure mentioned. does this make a difference?

[CR001]

What is your salary package made up of?

Just a point to note, it is useful to state all the important bits of information to avoid things. If that is your salary, it is very high for SOC 2136 in my opinion.

[raghavsurya]

Base salary of in excess of required amount quoted
10 % annual bonus
additional payments I cannot disclose.

thats the salary break down

[raghavsurya]

Ok so just spoke to the solicitor
They have got my CoS ready and they say yes the employer has carried out the rlmt details of which are available.in Cos

[CR001]

Ok so just spoke to the solicitor
They have got my CoS ready and they say yes the employer has carried out the rlmt details of which are available.in Cos

As long as the salary you have been offered was in the RLMT, then it should be ok. Still no guarantee of approval though.

[raghavsurya]

CR001 - thanks a lot for your advice on my queries. I know it's a bit risky but hoping for the best Let's see

can you please delet the salary details as I am not able to

Thanks,
Raghav

[raghavsurya]

@CR001 - I gave the biometrics for myself and my family on 19th June and the new employer paid for priority service (5 working day). But the solicitors haven't got any response from HO regarding our application. Are these delays expected?