Changes Of Employment And Salary /Allowance Packages

The UK Border Agency (UKBA) has provided detailed information regarding their policy as to when a new Tier 2 application is required because of changes of employment. The UK Border Agency treats change of employment applications against the same criteria as initial applications. Therefore, for a Tier 2 (General) application, a Resident Labour Market Test (advertising in the usual manner) will be required unless the new job falls under the shortage occupation list.

A change of employment application, as is the case now, continues to be required if a Tier 2 migrant (or a work permit holder) wishes to work for a different Sponsor. The only exception to this is where they are moving to a new Sponsor to continue in the same job, due to a takeover, merger or de-merger.

If however a Tier 2 migrant (or a work permit holder) is changing job but remaining with the same Sponsor, a new application will not be required provided they remain within the same Standard Occupational Classification (SOC) code. If a migrant is remaining with the same Sponsor but changing jobs to a different SOC code, a change of employment application will be required. This is subject to exceptions as below:-

If the migrant's salary reduces below the level stated on their Certificate of Sponsorship (other than company-wide reductions defined as acceptable in the Sponsor Guidance, or reductions due to maternity or adoption leave), a change of employment application will be required. A change of employment application will not be required for increases in salary. If the migrant changes jobs within the SOC code from a job which is on the shortage occupation list to a job which is not on the shortage occupation list, a change of employment application will be required. A change of employment application will not be required if the migrant stays in the same job, but that job is removed from the shortage occupation list. In all cases it is worth noting that a migrant's application for leave must be approved by the UKBA before they can start work in their new job. This applies regardless of whether the new job is with the same Sponsor or with a new Sponsor. In the meantime, the migrant can continue working in their original job, for their original Sponsor (provided their previous leave has not expired) until the start date of the new job, which...