Q&As

Can a Tier 2 (ICT) migrant make an in-country change of employment application to work for their existing employer in an occupation under a different Standard Occupational Classification code?

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Produced in partnership with Bilal Ehsan of Latitude Law
Published on LexisPSL on 13/07/2018

The following Immigration Q&A Produced in partnership with Bilal Ehsan of Latitude Law provides comprehensive and up to date legal information covering:

  • Can a Tier 2 (ICT) migrant make an in-country change of employment application to work for their existing employer in an occupation under a different Standard Occupational Classification code?

Paragraph 222 of the Tier 2 Policy Guidance states that:

‘You must also make a change of employment application if you are remaining with the same employer but:

  1. there is a change to your core duties which means you change jobs and the new job is in a different Standard Occupational Classification (SOC) code to the one stated on your CoS. (This does not apply if the SOC Code for your new job has only changed because of reclassification within the SOC system by the Office for National Statistics)’

This section of the guidance does not differentiate between Tier 2 (General) and Tier 2 (ICT), suggesting that a new application due to a change of employment would be necessary where the migrant’s SOC code has changed, regardless of the migrant’s sub category.

Paragraph 39.27 of Tier 2 and 5: guidance for sponsors also states

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