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Redundancy Tier 2 General Visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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rajrahul32001
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Posts: 13
Joined: Tue Sep 26, 2017 2:51 pm
India

Redundancy Tier 2 General Visa

Post by rajrahul32001 » Wed Nov 07, 2018 1:06 pm

Hi,

I am on Tier 2 General visa and due to company restructuring, my role has become redundant. The company has asked me to apply again for a new role which is very similar to my existing role (same SOC code, title and job spec) but lower salary.

I have read online that during redundancy or TUPE , sponsored employees can take up similar role (with same SOC code) and do not have to apply for new COS. But in my case salary is being lowered than that from my original COS.

Can someone pls advice whether I need to get new COS and undergo RLMT for this role or can my company just inform Home Office about this change in salary (reduction).

Please help.

rajrahul32001
Newly Registered
Posts: 13
Joined: Tue Sep 26, 2017 2:51 pm
India

Re: Redundancy Tier 2 General Visa

Post by rajrahul32001 » Thu Nov 08, 2018 11:56 am

Hi,

Can someone pls help urgently

Thanks

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Redundancy Tier 2 General Visa

Post by Djsuccess » Thu Nov 08, 2018 9:24 pm

rajrahul32001 wrote:
Wed Nov 07, 2018 1:06 pm
Hi,

I am on Tier 2 General visa and due to company restructuring, my role has become redundant. The company has asked me to apply again for a new role which is very similar to my existing role (same SOC code, title and job spec) but lower salary.

I have read online that during redundancy or TUPE , sponsored employees can take up similar role (with same SOC code) and do not have to apply for new COS. But in my case salary is being lowered than that from my original COS.

Can someone pls advice whether I need to get new COS and undergo RLMT for this role or can my company just inform Home Office about this change in salary (reduction).

Please help.
How long have you been on TIER 2 visa?
What is the lower salary offered?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

rajrahul32001
Newly Registered
Posts: 13
Joined: Tue Sep 26, 2017 2:51 pm
India

Re: Redundancy Tier 2 General Visa

Post by rajrahul32001 » Sat Nov 10, 2018 7:56 am

Hi,

I have been 10 months in my tier 2 visa. Lower salary offered is 55K.

User avatar
Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Redundancy Tier 2 General Visa

Post by Djsuccess » Sat Nov 10, 2018 10:25 am

rajrahul32001 wrote:
Sat Nov 10, 2018 7:56 am
Hi,

I have been 10 months in my tier 2 visa. Lower salary offered is 55K.
Does the lower salary meet the requirement for your SOC code? If yes, then you can just take the pay cut instead of going through redundancy. You are earning well above the requirement for most jobs. If you are made redundant, you might have to go through the visa application from scratch. So I think the easiest option is to take the pay cut and avoid redundancy. Your sponsor will need to notify UKVI via the sms about the pay cut, but you should be fine because the salary is still high enough (provided it meets the requirement for your job as stated in the SOC code). If UKVI have any concern about the pay cut, they might arrange a compliance audit.
You can as well start searching for another job, but I think taking the paycut might be better than going through redundancy
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

rajrahul32001
Newly Registered
Posts: 13
Joined: Tue Sep 26, 2017 2:51 pm
India

Re: Redundancy Tier 2 General Visa

Post by rajrahul32001 » Sat Nov 10, 2018 1:38 pm

Many Thanks

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