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Company declaring bankruptcy - Transferring Tier-2 (general) visa

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

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designervis
Newly Registered
Posts: 2
Joined: Thu Jan 03, 2019 8:59 pm
Australia

Company declaring bankruptcy - Transferring Tier-2 (general) visa

Post by designervis » Thu Jan 03, 2019 9:15 pm

Hi there,

My company has informed me that they are declaring bankruptcy and all employees have been made redundant. I understand that once they have declared (mid Jan) I will be notified but the government that I have 60 days to find a new sponsor/visa or I will need to leave the country.

I have a few questions for anyone who might know or has been in the same position:

1) Does the new employer need to advertised the job for 30 days before applying for a COS if they are transferring an existing sponsorship, as they would a new sponsorship?

2) What fees would the new sponsor be required to pay? If I paid for the last sponsorship which included 3 years of NHS fees, etc, can that money be transferred to my new sponsor? If not, do I get money back for the time it wasn't used?

3) I spoke to someone on a gov visa helpline who seemed to think I could work for the new sponsor while still on the old companies COS. Would this the the "second job" that you can work for 20 hours a week for? Or would I be able to work full time? She seemed to think full time but I am not confident as I can't find anything on the gov website.

As the situation is a little different due to the company becoming bankrupt and considering they give you 60 days, surely you are allowed to earn money during this period?

Any help is much appreciated!

Thanks.

rubyracer2
Member of Standing
Posts: 427
Joined: Tue Mar 15, 2016 7:36 pm
India

Re: Company declaring bankruptcy - Transferring Tier-2 (general) visa

Post by rubyracer2 » Thu Jan 03, 2019 11:45 pm

1) RLMT is required unless your job is on the Shortage Occupation List. The new employer would need to assign you an unrestricted CoS (not subject to the monthly caps).

2) The IHS fees has to be paid in full and can't be transferred to the new employer.

3)You cannot work for another employer without getting your new visa application approved.

And on paper its 60 days but the curtailment letter (Which gives you 60 days from the date of receipt) can take longer. My company went bankrupt a couple of years back and I never received the letter even though I was out of a job for more than 2 months

designervis
Newly Registered
Posts: 2
Joined: Thu Jan 03, 2019 8:59 pm
Australia

Re: Company declaring bankruptcy - Transferring Tier-2 (general) visa

Post by designervis » Fri Jan 04, 2019 11:31 am

Thanks for your insight!

A quick question about question 1:

If they assign me a CoS not subject to the caps, do they still need to apply for it on the 5th of the month or an they apply for it anytime?

And thanks for the information re: the curtailment letter. I am hoping to push this out for as long as possible.

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