If you are considering promoting a sponsored migrant, you must ensure you have consulted the immigration rules to ensure their current grant of leave will remain valid in the event of a change in their employment.
All current Tier 2 migrant workers will have been granted leave under a Standard Occupational Classification (“SOC”) code. This code defines the type of work the worker is permitted to undertake whilst in the UK. The code must therefore be carefully selected at the time the application is made and must be reflected in the job title / specification of the role.
If the potential promotion will result in the migrant worker continuing to work within the same SOC code, they may not need to make a new application for leave in the UK. Note this may not apply if the migrant worker was previously in a position contained in the shortage occupation list and is now moving to a role that is not listed.
However, if the promotion would result in the worker’s role being classified under a new SOC code, a new application would need to be made. In this situation, there may be a requirement for the employer to first carry out the Resident Labour Market Test before assigning a new Certificate of Sponsorship. If these circumstances apply, and a new application needs to be made, the application must be approved before the employee can commence work in the new role.
Each individual case must be reviewed on its own merits, as there can be exceptions to the above provisions.
Gherson has extensive experience dealing with employment matters requiring work visas. Should you have any questions or queries, please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.