Change of employment near end of 5 years on tier 2

[shahed011]

Hi,

I am going to join a new company as a tier 2 sponsor employee. They already applied for the COS. On April 30th, 2018, it will be my 5 years on tier 2. I know for sure that it is okay to apply for extension up to 6 years. But as this is not an extension but a new application, can anyone please confirm me that it is still okay? The new employer will ask for 1 year on COS which will take my stay on tier 2 up to 6 years. The only worry is because this is a new application.

I will be really grateful if anyone can confirm me this.

Kind regards,

Shahed

[Djsuccess]

Hi,

I am going to join a new company as a tier 2 sponsor employee. They already applied for the COS. On April 30th, 2018, it will be my 5 years on tier 2. I know for sure that it is okay to apply for extension up to 6 years. But as this is not an extension but a new application, can anyone please confirm me that it is still okay? The new employer will ask for 1 year on COS which will take my stay on tier 2 up to 6 years. The only worry is because this is a new application.

I will be really grateful if anyone can confirm me this.

Kind regards,

Shahed

With the information you provided, you will be qualified to apply for ILR around 3rd of April 2018. That is a month from now. Why not get you ILR with your current sponsor before changing jobs?
Back to your question, yes you can apply for another tier 2 visa with the new sponsor up to 30th April 2019. You will still be qualified to apply for ILR on the 3rd of April or as soon as you have your new visa. You will have to watch out for minor issues that usually come up with the change of sponsor, the main one being RLMT and salary requirement especially for ILR.
If you are desperate to change your job anyway, you can go ahead with your application. It will only cost you a lot of money as you might end up changing job and a month later apply ILR.

All the best.

[shahed011]

Hi Djsuccess,

Thank you so much for the confirmation. You are absolutely right about what you suggested and that was my plan. But the new company, they are taking care of the expense and they really want me to be there as soon as possible. I told them everything and they are happy to do that still and then I can take a month or two before I do my IRL application.

The RLMT is done, they have done the sponsorship a lot of time and they are ready with everything and as I mentioned, they already applied for the COS. The salary is also higher than my current position as I am joining as a team lead.

I really appreciate you taking the time to reply and put my mind at ease. Thank you so much.

Kind regards,

Shahed

[Djsuccess]

Hi Djsuccess,

Thank you so much for the confirmation. You are absolutely right about what you suggested and that was my plan. But the new company, they are taking care of the expense and they really want me to be there as soon as possible. I told them everything and they are happy to do that still and then I can take a month or two before I do my IRL application.

The RLMT is done, they have done the sponsorship a lot of time and they are ready with everything and as I mentioned, they already applied for the COS. The salary is also higher than my current position as I am joining as a team lead.

I really appreciate you taking the time to reply and put my mind at ease. Thank you so much.

Kind regards,

Shahed

That's good. I wish you all the best. Make sure you collect the confirmation of absences from your current sponsor before you leave. The letter will detail all your absences in the last 5 years.

[shahed011]

Hi, thank you so much, really kind of you.

I never heard of confirmation of absence. I worked for two different employers last 5 years. I haven't got any of that from my previous employer and I can surely ask from my current employer but I was never outside UK for more than my allowed holidays. I was not outside UK at all last 3 years.

Is there any chance you can give me a little more information on this confirmation of absence letter? Thank you again for all your help.

Kind regards,

Shahed

[Djsuccess]

Hi, thank you so much, really kind of you.

I never heard of confirmation of absence. I worked for two different employers last 5 years. I haven't got any of that from my previous employer and I can surely ask from my current employer but I was never outside UK for more than my allowed holidays. I was not outside UK at all last 3 years.

Is there any chance you can give me a little more information on this confirmation of absence letter? Thank you again for all your help.

Kind regards,

Shahed

Hello,

You can read the full requirements for ILR here
https://www.gov.uk/guidance/immigration ... sed-system

check section: 245GF-SD Specified documents

B. A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

[shahed011]

Thank you so much. You have been such a great help. I really appreciate. I can get this from my current employer and I am still in touch with my previous employer, so I can request that from them too.

Thank you so much again for all your help.

Kind regards,

Shahed

[Djsuccess]

Thank you so much. You have been such a great help. I really appreciate. I can get this from my current employer and I am still in touch with my previous employer, so I can request that from them too.

Thank you so much again for all your help.

Kind regards,

Shahed

You are welcome. Good luck with your new job offer and hope your application and future ILR all go well

[kumar114]

Hi,

I am going to join a new company as a tier 2 sponsor employee. They already applied for the COS. On April 30th, 2018, it will be my 5 years on tier 2. I know for sure that it is okay to apply for extension up to 6 years. But as this is not an extension but a new application, can anyone please confirm me that it is still okay? The new employer will ask for 1 year on COS which will take my stay on tier 2 up to 6 years. The only worry is because this is a new application.

I will be really grateful if anyone can confirm me this.

Kind regards,

Shahed

Hi Shahed,
Hope you do not mind asking this question.
You said RLMT was done right? Were you pre-selected or you went through the interview process?

kind regards
kumar

[shahed011]

Hi,

I went through the interview process.

Kind regards,

Shahed

[Djsuccess]

Hi,

I went through the interview process.

Kind regards,

Shahed

one final advice. Please don't resign from your current job until you have your new visa approved.

[gratefulhart]

I was in a similar situation. I changed employment in my 5th year on Tier 2 (5 years and 1 month). I made a priority application for the change of employment. I initially got a letter that my application will not be processed within the stipulated time. Fortunately for me, my employer replied on time and it was still processed within 10 working days.
Started the new job in April, applied for my ILR by premium in May (just a month after) and it was approved.

As you have been advised, do not resign until after your application has been approved. Also, ensure you get your letter of absences before you leave your current employer.

[shahed011]

Hi, thank you so much for all your advice. you have been really kind to me and i really appreciate.

I already have the COS assigned and I resigned from my current job with a leaving date of next month. But, I had a chat with my team director and if anything goes wrong, he just told me to withdraw my resignation and they are absolutely okay with keeping me until I get my ILR sorted, considering the work I have done for them. Also many people did that before and withdrawn their resignation, it is very common in my organisation and there is a very simple one click process of doing that.

So I thought of all the situations and kept all my options open. Thank you so much for keep reminding me this, I understand many people don't think about all those cases.

I have one question though. My new COS is for 3 years as all the companies wants to show that they want to keep the employee. But I can only stay for 6 years on tier 2, so I will be using the COS and apply only for one year of visa. Am I right? If not, can you please advice me on that?

Kind regards,

Shahed

[cracker1234]

@gratefulhart, It will be really great if you can provide the list of documents that you submitted for ILR and the procedure please. TIA.

[gratefulhart]

I had my passport, BRP, Life in the UK test pass notification, MSc certificate, one month payslip, one month bank statement, letter of absences from my previous employer, letter from my current employer indicating my soc code, salary, absences (travelled for a week outside the UK within the one month I started with the new employer), that if I pass my probation period of 6 months I will still be required for the forseeable future and start date.

I also had my P60 from my former employer.

[gratefulhart]

With regard to the application procedure; I booked premium appointment online about 2 months before the date. I arrived 30 mins before my appointment on the day. I went through the security and was given a number. I was called to submit my application form and supporting documents about 10-15 mins after I arrived there. 15 mins later, I was called to enrol my biometrics. After the biometrics, the case officer called me to find out the gap between my 2 jobs. As at then, the 60 day employment gap was still in place.

30-45 mins later, I was informed that my application was successful. I received my BRP 2-3 days after.

[cracker1234]

Thank you gratefulhart for taking some time and replying this. Really appreciate your effort..
just had some more queries in continuation :
1. how many months of payslip did you submit ?
2. did you submit the P60 for last 5 years ?
3. how did you show 60 days employment gap ? it will definitely reflect in P60 if you submitted for all 5 years.
4. I too had more than 60 days employment gap and I got refund from HMRC during that financial year. Did you too receive that ? will that make any problem as I claimed that refund ?
TIA.

[gratefulhart]

1. One month payslip
2. Nope, I only submitted my most recent P60. I only had to show the P60 when the case officer requested for proofs that I did not have up to 60 days employment gap
3. I used my P60. However, P45 is better.
4. I did not have any employment gap. My employments even overlapped as I resumed with my current employer while still on 2 weeks annual leave with my former employer. I did not have any tax issue as my current employment ended with the tax year (March) and my new employment started with the new tax year (April)

Thank you gratefulhart for taking some time and replying this. Really appreciate your effort..
just had some more queries in continuation :
1. how many months of payslip did you submit ?
2. did you submit the P60 for last 5 years ?
3. how did you show 60 days employment gap ? it will definitely reflect in P60 if you submitted for all 5 years.
4. I too had more than 60 days employment gap and I got refund from HMRC during that financial year. Did you too receive that ? will that make any problem as I claimed that refund ?
TIA.

[cracker1234]

Thanks again gratefulhart.
So, I don't need to submit the P60 if not asked by the case officer.
I presume you submitted the degree certificate for english language requirement.
I remember to apply for ILR, you need to submit IELTS certificate if degree is done from outside of UK ? Is that correct ?

Others,
Anyone who submitted ILR application with more than 60 days gap.. How do you show these gaps as an absence ?
Any refund from HMRC due to that gap ? Please let me know . Appreciate your help in advance. Thanks.