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Tier 2 and BRP

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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hx620
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Tier 2 and BRP

Post by hx620 » Sun Nov 22, 2015 9:00 pm

I am working in the UK under Tier 2 but the company(the name is A) business is going down. The owner is considering to close it. My boss bought the company B from the owner before. My boss asked me to work for the company B. I have some questions about this transition:
1. If company A and company B is in one group company, does the company B still need to do the labor test and apply COS for me?
2. I came to the UK on 31st Nov 2015, I don't have BRP. If I have to apply new working visa, will I have any problem if I have no BRP? I think BRP is a must after 31st May 2015 from HM website.

Please share me your experience if you know about this, thank you so much!!!

iworker
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Re: Tier 2 and BRP

Post by iworker » Mon Nov 23, 2015 9:24 am

where is your brp?
the company b will need sponsor licence, do rlmt, and issue u a cos and you should apply for new visa, before you can start to work with them.

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CR001
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Re: Tier 2 and BRP

Post by CR001 » Tue Nov 24, 2015 9:59 am

I came to the UK on 31st Nov 2015, I don't have BRP. If I have to apply new working visa, will I have any problem if I have no BRP? I think BRP is a must after 31st May 2015 from HM website.
Maybe you should check and correct your date as this arrival is impossible. When did you actually arrive and how long was your visa issued for? If you get a new sponsor and go through the process of switching, you will then get a new BRP with your new visa.
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aja
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Re: Tier 2 and BRP

Post by aja » Wed Nov 25, 2015 11:11 am

@CR001

On your response below, when a person switches from Company A to Company B on Tier 2 General,
They are issued with a NEW BRP only and NO VISA right ?

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CR001
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Re: Tier 2 and BRP

Post by CR001 » Wed Nov 25, 2015 11:58 am

The new BRP is the new visa. But if your question is about a visa vignette in the passport, then no, you won't get that for in country applications.
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hx620
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Re: Tier 2 and BRP

Post by hx620 » Wed Nov 25, 2015 6:30 pm

Thank for your help. I came here on 31st Nov,2014. Sorry for the mistake.
Iworker answered my questions. I do need to apply all things again.

hx620
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Re: Tier 2 and BRP

Post by hx620 » Thu Dec 10, 2015 8:42 am

Hello, anybody can help me this question?
I work in the UK now. My current job belongs to NVQ 6 level. If I change to a new job in the UK which doesn't belong to PHD or shortlist category, can it belong to NVQ4? ? or it has to be NVQ 6?

thank you...

hx620
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tier 2 sponsor company in Liquidation

Post by hx620 » Wed Dec 30, 2015 4:50 pm

My company was liquidated. I was made redundancy on 4 Dec 2015. Do I need to notify the home office for this?
Which date will my visa start for the last 60 days?

My boss said his new company can employ me too. The new startup company is waiting for VAT number to apply the new COS. My boss said the agency said no need to do the labor test which I feel strange though. Do you now how many days to get the new COS?

The most important thing is to find how many days I still have?

Any body can help me for these questions please? thank you

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Re: Tier 2 and BRP

Post by geriatrix » Wed Dec 30, 2015 5:09 pm

When is your current PBS leave due to expire?
Does your current sponsor and HO have your current (commnication or residence) address details?
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hx620
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Re: Tier 2 and BRP

Post by hx620 » Wed Dec 30, 2015 9:09 pm

sushdmehta wrote:When is your current PBS leave due to expire?
Does your current sponsor and HO have your current (commnication or residence) address details?
My current visa will expire on October 2019. My sponsor has my current address but I am not sure if HO has it.
Should I or my sponsor notice HO about my redundancy?

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Re: Tier 2 and BRP

Post by geriatrix » Thu Dec 31, 2015 1:43 am

1. The sponsor is required to inform HO of termination of your sponsorship and, I am given to understand, will provide your address that they have in their records as part of the process.
2. You should inform HO about your current address / contact details, without delay, using the migrant change of circumstances form.
3. If the HO decides to curtail your leave (likely as your current leave is not due to expire in the near future), they will issue you a curtailement notice and this notice will inform you of the date of expiry of curtailed leave (60 days from date of issuance). No one can tell you when HO will issue a curtailment notice - it can take from weeks to months, so don't be alarmed if you do not receive a notice for 2-3 months.
4. Your current boss can employ you only when his new business entity receives a Tier 2 licence (and then a CoS). RMLT will need to be done. The job will need to be one at NVQ6 level.
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hx620
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Re: Tier 2 and BRP

Post by hx620 » Sun Jan 24, 2016 4:18 pm

[quote="sushdmehta"]1. The sponsor is required to inform HO of termination of your sponsorship and, I am given to understand, will provide your address that they have in their records as part of the process.
2. You should inform HO about your current address / contact details, without delay, using the migrant change of circumstances form.
3. If the HO decides to curtail your leave (likely as your current leave is not due to expire in the near future), they will issue you a curtailement notice and this notice will inform you of the date of expiry of curtailed leave (60 days from date of issuance). No one can tell you when HO will issue a curtailment notice - it can take from weeks to months, so don't be alarmed if you do not receive a notice for 2-3 months.
4. Your current boss can employ you only when his new business entity receives a Tier 2 licence (and then a CoS). RMLT will need to be done. The job will need to be one at NVQ6 level.[/quote

My boss keeps delaying to notify the HM about the company's liquidation. I don't know why. Is there anyone knows what could happen about my visa if he doesn't want to notify HM. Should I do it by myself?
I want to win more time so you can find a new job but I don't want to break the law and stay here illegally.

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Frontier Mole
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Re: Tier 2 and BRP

Post by Frontier Mole » Fri Feb 05, 2016 5:50 am

You are working in breach of your visa conditions if you are working for any company other than the Sponsoring business.
As for the employer not informing the HO of the liquidation... Very suspect...
By the looks of it he is trying to get the new company up and running to attempt to get a new licence. It won't make any difference as the RLMT will still have to be done etc.
I am guessing he might be trying to state the new company has taken over the old one and that the staff were transferred etc to abide RLMT... That will fail miserably as soon as HO check out the old company they will see it is liquidated so no TUPE....

Is the role you are doing IT contracting by any chance....

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