Switching to Tier 2 Visa while already in the Role

[tahmed]

Hi,

I am currently in the UK on a Tier 4 (Dependent) visa and in March 2019 I started a job as a Lecturer in a University. My employer is aiming to extend my contract to a permanent one. The twist is that I haven't applied for this position. I applied for a Grade 6 position and interviewed for that post. After this interview the employer decided that I am eligible for the Grade 7 position. They sought advice from the HR and re-interviewed me following the criteria set for the Grade 7 position. Eventually I got the job and started.

Now my question is that whether the university will be able to issue a COS for me so that I can obtain a Tier 2 visa to continue my job? I need to mention that I had been under Tier 2 visa in the past.

Many thanks,

TAhmed

[CR001]

What is the SOC for the job?

Is it shortage occupation or non shortage occupation?

When did you last hold a tier 2 visa?

[tahmed]

Hi,
Thanks for your quick response.

I believe the job is a non-shortage occupation. And my last Tier 2 visa was from April 2016 to June 2018.

[CR001]

my understanding is that your sponsor must do rlmt for 28 days if non shortage and you can only be offered the job after this process is complete and no other EU, British or settled worker is suitable.

You also need to earn the relevant salary as stated in the SoC or £30k minimum, whichever is higher and the rlmt must also state the salary being offered.

You also need an RCoS and must apply from home country.

[tahmed]

Thanks. That's very helpful to know.

Regarding the RLMT, the employer advertised the job openning for more than 28 days and followed the formal recruitment process in recruiting me. The only thing to consider is that I applied for one position and offered another position. Need to mention that both posts were advertised for more than 28 days.

And the current salary for my position is above 30K a year.

So, do my employer need to do the advertisement and RLMT again?

[CR001]

Where or what online portals were the jobs advertised?

What is the SOC???

[tahmed]

As far as I saw, the posts were advertised in jobs.ac.uk and the university's own website. It came up in indeed.co.uk as well.

I just found out that the SOC code for the post is - SOC 2311 – Higher education teaching professionals.

Thanks,
Tahmed

[CR001]

So a PhD level job.

https://assets.publishing.service.gov.u ... 3_2019.pdf

See page 118 of the sponsor guidance and also page 124 of the sponsor guidance on how to do RLMT and the mandatory advertising on 'find a job'.

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

[tahmed]

Thanks for the documents. What I have found confirms what you have already suggested. It is very helpful to know what is expected.

The irony is my current visa (Tier 4 Dependent) ends in May 2020 which completes my 10 years stay in the UK. But there is a gap in my immigration history between September 30 and 23 December 2018. Although some people are saying that I might be able to obtain ILR based on 10 year route, but I doubt it given the break. What are your thoughts on it? I am sorry if I am taking too much of your time. It is a very stressful situation for myself and my family.

[CR001]

Thanks for the documents. What I have found confirms what you have already suggested. It is very helpful to know what is expected.

The irony is my current visa (Tier 4 Dependent) ends in May 2020 which completes my 10 years stay in the UK. But there is a gap in my immigration history between September 30 and 23 December 2018. Although some people are saying that I might be able to obtain ILR based on 10 year route, but I doubt it given the break. What are your thoughts on it? I am sorry if I am taking too much of your time. It is a very stressful situation for myself and my family.

Without you listing all your exact visa start and end dates and dates of application etc so that members can see your full UK immigration history, it would be difficult to answer such a vague question. Why are you changing visas if you don't need to then??

Kindly also note that there is a specific sub forum further down the main page for ILR queries.

[tahmed]

Okay I will post in the ILR sub-forum with details of my immigration history.

And regarding your question, I want to switch visa because I doubt I will be able to obtain the ILR given my break in immigration history. I have been suggested by a couple of visa lawyers that I may be eligible for settlement under the '7 years route for children' when my daughter (born in the UK)will be 7 years in 2022. So I want to be obtain a visa which will allow me to work and stay in the UK untill 2022. The thing is, I spent most of my career in working in the UK and there no job for me in my country. So I am kind of desperately clinging onto every possibility.

[CR001]

Without your exact and full UK immigration history, I am unable to comment on what you have 'heard'.

[tahmed]

Okay, I will post the details of my immigration history in ILR forum and seek advice. Until then many thanks for your time.