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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2151
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, may I use your platform to make an immigration enquiry? I

Resolved Question:

Hi, may I use your platform to make an immigration enquiry?
I am a doctor being sponsored on tier 2 visa by an NHS hospital. I was last granted leave to remain 20/6/2011 valid for 3 years as a specialty doctor in critical care(intensive care medicine) which is a job on the shortage occupation. In December 2012, A job was advertised in the same hospital ie specialty doctor in anaesthetics which is also on the shortage occupation. I applied for this job, went through the usual RLMT and was successful.
I have since started this new job, shortage occupation with the same employer. I asked my sponsor several times whether I needed a new visa for the new job. Their answer was no...you are moving from one shortage occupation to another so no need for change of employment application to ukba.
Now my question is, next year march 2014, I am due to apply for ILR. The process involves your employer giving you a letter stating among other things that you are still need in the job in question. WILL UKBA FIND IT ACCEPTABLE THAT I WORK IN A DEPARTMENT DIFFERENT FROM THAT ON MY ORIGINAL CERTIFICATE OF SPONSORSHIP??? This is my headache, I don't want any last minute error to erode all the years I've spent in this country.
Kindly advice and if possible give me evidence on home office criteria for ILR. Legally do I have a case, Am I protected by the current immigration rules?
Thanks
Kwabena
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

When do you qualify of ILR?

Did you receive any documentation from the UKBA regarding your new visa?

 

Kind regards

Customer: replied 1 year ago.


I qualify for ILR 20th march 2013. I received approval for change of employment application for visa issued 20th june 2011. This is because I worked with a previous nhs hospital on tier 2 from 18th april 2009 until june 2011 when I changed jobs to my current employer in june 2011, and have since changed departments this jan 2013 but stayed with same employer this time.


 

Customer: replied 1 year ago.


Have I lost you? seem to be waiting but no reply to my question!

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The UKBA state the following in respect of informing them:

You must apply to us for permission to change your employment if:

o there is a change to your core duties which means that your job is now in a different Standard Occupational Classification (SOC) code other than one related solely to the reclassification from SOC 2000 to SOC 2010; ; or

o there is a change to your core duties which means that your job is no longer on the shortage occupation list (if your certificate of sponsorship was assigned on the basis that your job was on the shortage occupation list); or

o your salary reduces from the level indicated on your current certificate of sponsorship or work permit (unless this is caused by a temporary company-wide reduction in working hours and salaries - - or by maternity or adoption leave or changes to your core duties which means your job changes within the same SOC code provided your pay remains above the acceptable rate for the new job).

You do not need to apply to us if your job changes in other ways (for example, because you change to a new job with the same employer in the same SOC code, your pay increases, or you move to a new job under TUPE arrangements following a takeover, merger or de-merger).

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/workingandconditions/#

If you employment is with the same employer and the same SOC code and all the other conditions are the same then there is no need to inform the UKBA, IF however there is a change in the SOC code, change of salary and your core duties have changed then YES you will need to inform the UKBA.

If there has been a reduction of hours then the UKBA state the following:

If you reduce your working hours and your salary decreases as a result, you must normally apply to us for permission to change your employment. However, you will not need to apply to us if:

o you are currently a work permit holder or a Tier 2 worker; and

o you are continuing to work in the same job, with reduced working hours; and

o the reduced working hours are part of a company-wide policy to avoid redundancies; and

o your employer is not treating migrant workers more favourably than resident workers; and

o any reduction in your salary is proportionate to the reduction in your hours and is not more than 30 per cent; and

o the arrangements will be in place for no more than 1 year

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Thanks for the reply. Yes I am still in the SOC for doctors which is just one ie 2211. For now, seems like all is well, my question is how this change will translate when I apply for ILR, will it affect me negatively? where do I stand legally...this is where I need a reply. Ukba writes on their website all you've quoted above, but at the point of ILR requirements, say that you don't have to fall into the category of general grounds for refusal, one of which is doing a job different from that stated on your last COS . This is where I need clarification please.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. It will not effect your ILR application negatively, this is because when you commence your employment you were issued with a certificate of sponsorship which was issued on the basis that your employer and your job description met the requirements of the SOC as well as your salary etc. Now if your new job is on the same soc code and the same salary or higher and the duties are the same, it would not seem reasonable for them to ask you to re apply for the same job because you already have a visa confirming that you meet the requirements of the SOC already. Had your visa been expiring them YES you would need to re apply to the UKBA confirming that you still meet the requirements of the SOC so they can issue you with a new COS number.

Therefore it will not effect your ILR application as all the SOC requirements are still the same.

2. As you already confirm that the SOC description of the core duties is still the same therefore there is no need for the UKBA to refuse on this point as your job meets the SOC requirements ie job description and salary.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2151
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you very much for making things very clear. I was only thinking about the different department,.....not realising that same SOC code meant my core duties were still the same. Thanks for the clarity of your reply.

Expert:  UK_Lawyer replied 1 year ago.
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