Tier 2 switch to new employer – multiple offers to accept

[mr123x]

I appreciate if you could advise on my current situation. It will help me to take an informed decision and help on my future ILR application.

I became redundant and my last day with employer A was 13th January 2017. I haven’t got the curtailment letter from UKBA as on today (19th February 2017).
1. What is 60-day gap rule on ILR application? https://www.gov.uk/government/uploads/s ... ds-v13.pdf
Page 27 of 32 “Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.”

Does that mean I need to start working with the new employer after new tier 2 visa application within 60 days (i.e 13 March 2017) from 13th January 2017 for successful ILR application in future (expected to be in Nov 2018)?

2. I got offered two conditional job offer.

Employer B – a small consultancy: job role in Shortage occupational list and similar to my role with Employer A and past work experience. However, their sponsor license was not renewed in January 2017 and got expired now. They are in process of sorting their license to take me and may take more than a month to sort it out.

Employer C – a large multinational company: job role not in shortage occupational list and thus they will require Resident labor Market Test which requires 28 days advertisement. I have UK master’s qualification and my discipline experience in other industry domain than of employer C. I am afraid that they may find more suitable candidate as I lack experience in the specific industry domain (similar situation happened to me during my redundancy with Employer A, where different sector hiring manager was happy to take me initially and later they found many other candidates in RLMT with more specific experience and declined me).

I would like try something new (different industry and applying my technical skill) and prefer to work for Employer C. If I ended up in the wrong career, I am confident that after PR (Nov 2018), I will easily find a job elsewhere and return back my previous industry.

Currently, I give more priority to ILR then career. Could I say yes to both conditional job offers and see who comes back with Certificate of Sponsor letter first? Is there any issue in getting two certificates of sponsorship and deciding which one to pick? Do I need to take only one offer and decline other, because it’s risky?

3. https://www.gov.uk/tier-2-general/second-job says “You can do a second job (up to 20 hours a week) if it’s on the shortage list without making a new application.

Does that mean I can take same shortage job that I did for employer A for employer B for a period until they process their tier 2 license and issue the CoS for my Tier 2 application? If so, what is the process, paperwork required and do I need to inform UKBA? Employer B have urgent requirement to start a work where my technical skill could be useful and also pays my bill.

Many Thanks

[CR001]

1. You must not have a gap between employment of more than 60 days.

2. As far as I understand, you cannot have two active CoS's in your name. As your one potential sponsor does not even hold a current sponsor license, this might not be viable. If you other potential sponsor finds someone else with RLMT who fits the JD more given that it is not your field, you don't have that option either. If you are successful with the multi national co, expect your application to be scrutinised due to the difference in your jobs.

3. No, that is not what it means. You can only do supplementary employment IF you are still working full time with your sponsor. You cannot work in any capacity, even part time, if you are no longer employed by your sponsor.

I would suggest you stop worrying about your ILR in 2018 and focus your energy on finding a genuine sponsor.

[mr123x]

Thank you CR001.

I have now decided to go for only Employer C as I can't have two active CoS and waiting to hear back from their RLMT and CoS. I am comfortable with application to be scrutinised, as it only a different industry from 'Oil & Gas' to 'equipment manufacturing' with the same discipline engineer job role and both matching my qualifications.

Page 27 of 32 “Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.”

However, some say above statement only suggests I may need to disregard these days for ILR (say making ILR application in Jan 2019 instead of Nov 2018 for the 5-year period).

Could you please provide the specific UKBA reference that supports that there must be no gap between employment of more than 60 days.