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Changing Employer (Reapply for dependents ?)

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Hend
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Application for CoS is refused - Reaching Monthly Cap

Post by Hend » Thu May 24, 2018 1:48 pm

Hello,

I have been in the UK for 2.5 years under Tier2 General visa and now i am changing employer who applied for a new CoS for me. Unfortunately, the CoS is refused due to the ongoing issue of reaching the monthly cap. Now my employer reapplied again hoping it will be accepted next month. However, if it's refused i'll have only few days before the start date of my new contract. As far as i know, there's an urgent CoS application that could be made in this case giving the evidence of the new contract start date is before the start of the next monthly CoS allocation.

My question is:
1- Is there any risk the urgent CoS application be refused as well? :(
2- If yes, is there any other solution or anything i or my employer can do before the visa expire date in which i should leave the country if i don't get a new visa?

Thank you so much
Hend

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CR001
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Re: Application for CoS is refused - Reaching Monthly Cap

Post by CR001 » Thu May 24, 2018 1:51 pm

If you are in the UK and changing employers, you need an Unrestricted CoS which does not fall under the monthly cap like the Restricted CoS does.
Char (CR001 not Casa)
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Hend
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Posts: 5
Joined: Thu May 24, 2018 1:29 pm
United Kingdom

Changing Employer (Reapply for dependents ?)

Post by Hend » Fri Jun 22, 2018 2:20 pm

Hello,

I will change my employer in the next few months and i am aware i have to apply for a new visa with a new CoS. I was just wondering if my dependents need to reapply as well taking into account they already have their valid dependent visa till July 2021?
The problem is that our current visa expire is July 2021 and i'm going to move to a new job with contract period less that the one i have now which means my new visa will expire in 2020 (before the current visa expire). So do my dependents need to apply for a new visa to get the BRP for the shorter period or is there a way the HO can reprint their BRP with the new dates avoiding paying new visa fees for them?

Any help, please

Thanks
Hend

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CR001
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Re: Changing Employer (Reapply for dependents ?)

Post by CR001 » Fri Jun 22, 2018 2:29 pm

No, they do not have to apply with you. Their visa remain valid.

uk-tier-2-employer-sponsored-visas/when ... 98586.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Hend
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Joined: Thu May 24, 2018 1:29 pm
United Kingdom

Re: Changing Employer (Reapply for dependents ?)

Post by Hend » Fri Jun 22, 2018 2:42 pm

CR001 wrote:
Fri Jun 22, 2018 2:29 pm
No, they do not have to apply with you. Their visa remain valid.

uk-tier-2-employer-sponsored-visas/when ... 98586.html
Thank you so much for your reply. I've checked the link you provided for similar situation. However, in my case the new visa expire date should be earlier than my current visa which means if i apply alone without dependents, my new visa will expire in 2020 and me dependents visa will expire till 2021. And this doesn't look legal, right? and as mentioned in the link you've sent me:
'A dependents' leave relies on the leave of the principal migrant, and not on the principal migrant's employer / sponsor / employment.'

Can you advise please
Thanks
Hend

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CR001
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Re: Changing Employer (Reapply for dependents ?)

Post by CR001 » Fri Jun 22, 2018 2:43 pm

Then you simply renew your visa if and when required. It should not be an issue.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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