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Sunday 2 December 2012

Tier 2 Change of Employment

Tier 2 immigration candidates can do a Tier 2 change of employment whilst in the UK, however the process of obtaining a 
Certificate
 of Sponsorship must be repeated and a candidate must be reassessed against the points test.

Much like standard 
applications
 for UK visas, the sponsoring company, rather than the individual is responsible for applying for this type of UK visa service.

Benefits

Applications for UK visas of this class enable candidates to change their position and employer once in the country if another specific offer of employment is obtained.
Unlike some of the alternative routes to work permit in Britain, such as the Youth Mobility Scheme, candidates are permitted to work full time for their sponsoring employer throughout the duration of their stay.
You may find our information on Tier 2 Intra Company Transfers a helpful resource. 

Duration

This type of permit for working in the UK may be granted for a period of between one day and five years depending on the length of time requested by the company offering the sponsorship.
The duration of a change of employment visa application is also at the discretion of the Home Office. Working permits and change of job permits are temporary immigration services and as such are not intended as a route to settlement.
Unlike a UK business visit visa, or travel visa, permits of this kind allow the holder to work in a specific role but they do not provide the freedom to live and work in the UK per se.
However, when it comes to this type of UK immigration, cases where a candidate has been continuously in the United Kingdom in possession of the same permit for five years, it may be possible to apply for Indefinite Leave to Remain in the UK (ILR) often referred to as Permanent residency. Beyond this, subject to qualification it may be possible to apply for UK citizenship through the process of British naturalization.

Eligibility Criteria

Position

The position for which the change of employment working visa is being sought must meet National Vocation Qualification (NVQ) level 3 or above. If the candidate in question works in a specific profession, they may be required to register with the relevant governing body. For example, doctors must be GMC registered.
A candidate applying for a permit to work in the UK must possess one of the following:
  • A relevant degree.
  • A non-relevant degree and 1 year of experience.
  • An HND level qualification, which is relevant to the offered position.
  • An HND level qualification, which is not relevant to the post on offer plus 1 year of relevant full time work experience at NVQ level 3 and above.
  • No degree and three years of relevant experience.

Shortage Occupations

Employers who need to fill a position which is included on the United Kingdom shortage list via Working Permit sponsorship of a candidate are not required to advertise the vacancy before sponsoring an applicant.
This is because the occupation in question is regarded as too difficult to fill from within the resident UK and EU work force.
In all cases where a position is in a non-shortage list occupation, the company offering the sponsorship must be able to demonstrate that they have attempted to recruit from within the resident EU work force by advertising the position.
In these circumstances; a role must be advertised for at least 28 days in a national broadsheet newspaper, relevant trade journal and/or a relevant website.

Multiple Entry Permits

Permits of this kind are not eligible for change of employment and in these circumstances, a new application must be submitted.

Tier 2 Work Permit

Intra-Company Transfers (ICT's) allow multi-national employers to transfer overseas employees to fill a specific position which they have been unable to fill from the local resident workforce.
Applying for an Intra-Company Transfer work permit allows non-citizens to work in a country in a specific role for a specific company for an agreed period.
For this type of UK visa candidates need to have been employed by the overseas branch of the company for a period of six months or more prior to the application and must demonstrate that the candidate has the relevant knowledge and experience to fulfil the role.

Depending on the country you are applying for, applications must be made either by the sponsoring company or employee themselves.
Benefits
The main benefit of this type of UK immigration service is that unlike a standard  working permit, an employer does not need to demonstrate that the position has been advertised before applying for an ICT.

The ICT route provides a straightforward solution to working abroad with a specific purpose. Unlike the UK's Highly Skilled Migrant Programme or HSMP, now known as Tier 1, no points based assessment is required; however, it will be required upon application to provide the reason for the transfer and to detail the duration for which the candidate is required.
Duration
An ICT visa application can be valid for a period of between one day and five years, depending on the length of time requested by the sponsoring company.

The duration of the grant awarded to a successful Intra-Company Transfer visa application is also at discretion of the particular country's government.

ICT's are not intended as a route to settlement and at the expiry of these working permits; applicants will be obliged to return to their home country.
Eligibility Criteria
Employer Requirements - Position
To be eligible for the ICT visa service the position which the employer is seeking to fill must meet NVQ level 3 or above. Furthermore, if the candidate is a member of a specific profession they may be required to be registered with the appropriate governing body.

For example, a doctor must be registered with the General Medical Council. In addition, a selected candidate must have a level of knowledge that is essential to the post in the country.
Employer Requirements - Education
The candidate must have one of the following:
A relevant degree.
A non-relevant degree and one year of experience.
No degree and three years of relevant experience.
Employee history within the organisation
The employee for whom the ICT is being sought must have been employed by the overseas company for a period of six months or more prior to the application. Documentary evidence of this relationship must be produced before visas of this class can be issued.
Spouse Immigration
A spouse/unmarried partner will be permitted to join an ICT holder on a dependency visa providing that they will cohabit with the holder of the Intra-Company Transfer visa.

In the case of an unmarried partner, they must be able to prove that the relationship has been in existence for at least two years prior to making the application for ICT.

Spouse immigration under this type of visa is granted as a temporary measure. Unlike a marriage visa or De Facto visa, commonly referred to as an Unmarried partner visa, ICT's do not provide a route for you or your spouse to obtain settled status.
To assist with with family visas some poeple also found our guide on Tier 4 Visas helpful.