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Changing visa sponsor (employer) on Tire 2 - Need Help

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

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visual3deffect
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My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by visual3deffect » Sun Jan 14, 2018 5:42 pm

Hello,

I was working for a company in Greater London as a Project Manager. The company sponsored my Tier 2 visa in december 2016. However, the company went into liquidation in mid September 2017 and they never informed me about anything. However, as they paid me less in August and did not pay my salary in September, I gave my resignation in mid October (by that time, I still was not informed that the company was in liquidation). After giving my resignation, I began my 3 month notice period as agreed in my contract. However, my employer never paid my salaries for the work I produced in October and November. In november, the company, which is a production house, sold its equipment (cameras, computer etc). Finding the situation a bit strange, I did my own research and looked on Companies House. This is where I figured out the company was in liquidation. I left the company in early December with my employer promising to pay my last 3 months salary by January at the latest. I am still waiting for my salaries.

Here are my questions, if any one can help:
  • 1) I have no clue what is happening to my visa as it was agreed that my employer would notify the UKVI after I finished my employment. However I have had no information on this. How can I get more information?
  • 2) I know that once the employer submits the end of employment details I will have 60 days to stay in the UK. Should I be receiving a notice letter at that point? At the moment, I have not received anything.
  • 3) I am in contact with a different company who is willing to hire and sponsor me but they are in the process of applying for a visa licence which might take 8-10 weeks. Can I apply for a visa extension in order to bridge the gap between my previous visa and the coming one?

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CR001
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Re: My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by CR001 » Sun Jan 14, 2018 6:13 pm

1) I have no clue what is happening to my visa as it was agreed that my employer would notify the UKVI after I finished my employment. However I have had no information on this. How can I get more information?
Your employer informs HO not you. HO will curtail your visa to 60 days (depends how much validity it still has). HO will write to you and send you a curtailment letter which can take a few months to get sent out.
2) I know that once the employer submits the end of employment details I will have 60 days to stay in the UK. Should I be receiving a notice letter at that point? At the moment, I have not received anything.
HO will send it to you. It takes a while.
3) I am in contact with a different company who is willing to hire and sponsor me but they are in the process of applying for a visa licence which might take 8-10 weeks. Can I apply for a visa extension in order to bridge the gap between my previous visa and the coming one?
No you cannot apply for an 'extension' if you do not have a sponsor.

When does your visa expire?
Char (CR001 not Casa)
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visual3deffect
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Re: My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by visual3deffect » Sun Jan 14, 2018 6:28 pm

CR001 wrote:
Sun Jan 14, 2018 6:13 pm
When does your visa expire?
It expires in January 2020.

If it takes a few months, when will I know when I will be due to leave the UK ?

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Re: My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by CR001 » Sun Jan 14, 2018 6:29 pm

visual3deffect wrote:
Sun Jan 14, 2018 6:28 pm
If it takes a few months, when will I know when I will be due to leave the UK ?
HO will write to you.
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.

visual3deffect
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Re: My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by visual3deffect » Sun Jan 14, 2018 6:36 pm

CR001 wrote:
Sun Jan 14, 2018 6:29 pm
visual3deffect wrote:
Sun Jan 14, 2018 6:28 pm
If it takes a few months, when will I know when I will be due to leave the UK ?
HO will write to you.
Thank you for your help, Just one last question.
I am getting a bit worried about my situation, should I call UKVI for information or wait for their response/letter?

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CR001
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Re: My Tier 2 Sponsor went into liquidation - NEED HELP!!

Post by CR001 » Sun Jan 14, 2018 6:39 pm

Wait and try to find another sponsor so you can apply for a new visa.

You must not do any form of work until you have a new visa.
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.

visual3deffect
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Changing visa sponsor (employer) on Tire 2 - Need Help

Post by visual3deffect » Thu Feb 15, 2018 12:12 am

Hello,

I was hired by a company in London on a Tier 2 (Employer Sponsored) visa in late 2016 and obtained the visa valid until early 2020. However the company went into liqudation in september 2017 and I have resigned from the company in december (the company never informed its employees about the liqudation, and after seeing on companies house the status of the company, I came across to know and resigned). I haven't received any letter or information from UKVI about my resignation or the 60 days notice.

However, after looking for a new job, I have found a new company who is willing to sponsor me. I am looking for some advice and information to make the transition smoothly. Please advice

1) Should I start a new application for a new Tier 2 visa or should I go for change of circumstances?
2) I am not sure if the UKVI has received any information about my resignation or the company in liquidation. Should I call UKVI or write them an email for more information?
3) The visa provided by my old employer is valid until 2020. When I apply for a 3 year visa with my new employer, will there be an option of merging the years and paying the fee for 1 year only?
4) What is the application process? and where to begin?
5) How much in total will it cost for the visa application & Immigration Health Surcharge?
6) Would it be good to apply by myself in this situation or go with the solicitor?

Thank you

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CR001
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Re: Changing visa sponsor (employer) on Tire 2 - Need Help

Post by CR001 » Thu Feb 15, 2018 8:48 am

1) Should I start a new application for a new Tier 2 visa or should I go for change of circumstances?
You have to apply for a new visa before you can work for a new employer. Depending on your SOC, RLMT might be needed before a CoS can be assigned to you.
2) I am not sure if the UKVI has received any information about my resignation or the company in liquidation. Should I call UKVI or write them an email for more information?
The company has an obligation to inform HO within 10 days of your last date of employment.
3) The visa provided by my old employer is valid until 2020. When I apply for a 3 year visa with my new employer, will there be an option of merging the years and paying the fee for 1 year only?
No. A new visa, new visa fee and new IHS.
4) What is the application process? and where to begin?
https://www.gov.uk/tier-2-general/extend-your-visa
5) How much in total will it cost for the visa application & Immigration Health Surcharge?
It depends when you apply as fees go up in April. It also depends on the length of your CoS.
6) Would it be good to apply by myself in this situation or go with the solicitor?
Your choice.
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.

visual3deffect
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Re: Changing visa sponsor (employer) on Tire 2 - Need Help

Post by visual3deffect » Thu Feb 15, 2018 1:10 pm

CR001 wrote:
Thu Feb 15, 2018 8:48 am
1) Should I start a new application for a new Tier 2 visa or should I go for change of circumstances?
You have to apply for a new visa before you can work for a new employer. Depending on your SOC, RLMT might be needed before a CoS can be assigned to you.
The SOC & RLMT are already done. The new company is already filling the CoS. Is there anything else to be considered?
CR001 wrote:
Thu Feb 15, 2018 8:48 am
2) I am not sure if the UKVI has received any information about my resignation or the company in liquidation. Should I call UKVI or write them an email for more information?
The company has an obligation to inform HO within 10 days of your last date of employment.
My old employer, never informed me about the liqudation, and they have lied about it on several occasions. It is making me concerned that they haven't informed the HO. Is there a way to figure out whether they have informed the HO?

Thank you for your advice

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Re: Changing visa sponsor (employer) on Tire 2 - Need Help

Post by CR001 » Thu Feb 15, 2018 3:07 pm

visual3deffect wrote:
Thu Feb 15, 2018 1:10 pm
The company has an obligation to inform HO within 10 days of your last date of employment.
[/quote]
My old employer, never informed me about the liqudation, and they have lied about it on several occasions. It is making me concerned that they haven't informed the HO. Is there a way to figure out whether they have informed the HO?

Thank you for your advice
[/quote]
Only way is to ask them or do a SAR to HO to see what records they hold about you.
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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