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Tier2 (change of Employer)

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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sandu
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Tier2 (change of Employer)

Post by sandu » Thu Feb 08, 2018 11:04 pm

Hi Gurus here,

Please kindly go through my set of queries,help is highly appreciable.
My current employer sponsor license is revoked and I am migrating to new sponsor.
I didn't receive my curtailment letter still.
->Is this letter required for new application?my current sponsor did RLMT.
->I am going to made application inside UK,I am in tier2 for 3.2 years to cover 1.8 years I am making new application,Does cooling off period applicable to me if anything goes wrong with this application?
->recently I extended my Tier 2 visa and got valid visa till 2020,with this new application they will give me new BRP ?
-> Please clarify my IHS charges can i use same IHS number as my previous application,because it is valid for 2020,i used it only for 6 month,or do i need to pay again.
->do my dependants has to made fresh application along with me?
->Also can you please let me know recent 60 day gap rule.

Thanks a lot,
Best Regards,

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CR001
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Re: Tier2 (change of Employer)

Post by CR001 » Fri Feb 09, 2018 8:50 am

I didn't receive my curtailment letter still.
->Is this letter required for new application?my current sponsor did RLMT.
No, not required.
->I am going to made application inside UK,I am in tier2 for 3.2 years to cover 1.8 years I am making new application,Does cooling off period applicable to me if anything goes wrong with this application?
No cooling off period if you apply WITHIN the UK.
->recently I extended my Tier 2 visa and got valid visa till 2020,with this new application they will give me new BRP ?
Yes, new visa new BRP.
-> Please clarify my IHS charges can i use same IHS number as my previous application,because it is valid for 2020,i used it only for 6 month,or do i need to pay again.
I understand you have to pay the IHS again.
->do my dependants has to made fresh application along with me?
No.
->Also can you please let me know recent 60 day gap rule.
Which 60 day gap rule? In employment?? It is no longer relevant and has been removed from the rules.
Char (CR001 not Casa)
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sandu
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Re: Tier2 (change of Employer)

Post by sandu » Fri Feb 09, 2018 12:11 pm

Thanks a lot for valuable information.
Cheers.

sandu
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Re: Tier2 (change of Employer)

Post by sandu » Wed Feb 14, 2018 1:06 pm

Hi Guys,

Thanks for reply,but I need confirmation on this query.
->do my dependants has to made fresh application along with me?
No.
my lawyer is saying my dependent also need to make new application along with me with new sponsor.
Because as our case is license revocation case,we need to make fresh application for dependents.

Please clarify and if you have any contacts similar to us please share with me.

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CR001
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Re: Tier2 (change of Employer)

Post by CR001 » Wed Feb 14, 2018 1:16 pm

No they DO NOT. Your 'lawyer' is wrong. I hope you are not paying for such poor advice. Your 'lawyer' will likely make more money if your dependents also apply.

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.

sandu
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Re: Tier2 (change of Employer)

Post by sandu » Wed Feb 14, 2018 9:29 pm

Thanks for reply.Yes very expensive solicitor. My fate is not good she is not convincing if i am explaining.She is saying they will consider as overstay if dependent won't make new application .Not sure how to convince her.

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CR001
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Re: Tier2 (change of Employer)

Post by CR001 » Wed Feb 14, 2018 9:40 pm

You don't need a solicitor for your application. You and your spouse are the applicants and the ones paying the fees. Stand your ground.

Unless you/your dependents have received a curtailment letter, there is no reason as far as I understand that they need to apply with you when they still have a valid visa.
Char (CR001 not Casa)
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sandu
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Re: Tier2 (change of Employer)

Post by sandu » Thu Feb 15, 2018 5:24 pm

Hi ,
I stuck in a critical situation please bear with me a moment.
Unfortunately my new sponsor couldn't raise a COS because of considering my previous company revocation reasons.(Its my bad luck completely)My company license revoked on dec20,and we again appeal on it ,final results came on Feb 8th saying the revocation decision can't be changed.I didn't receive my curtailment letter still.will I be considered as legal till i receive my curtailment letter?will it has any impact for my 10 years ILR root.Please suggest me what are the better ways available for me now.I am due to ILR in sep 2019.
as a back up plan i am planning to convert as a dependent on my wife but which will take some time for me.
anyways i will be finishing my 60 days in feb 20.

help is much appreciated.

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Djsuccess
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Re: Tier2 (change of Employer)

Post by Djsuccess » Fri Feb 16, 2018 12:01 am

why was the license revoked? Does it have anything to do with you?
if not, I don't see any reason why the new sponsor cannot issue you a COS.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: Tier2 (change of Employer)

Post by CR001 » Fri Feb 16, 2018 8:29 am

anyways i will be finishing my 60 days in feb 20.
What 60 days are you referring to???

As Djsuccess has asked, what was the reason for the revocation?

As an aside, you posted in mid November already about your wife changing from dependent to main visa holder. Has nothing progressed with that??

uk-tier-2-employer-sponsored-visas/swit ... l#p1562271
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.

sandu
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Re: Tier2 (change of Employer)

Post by sandu » Fri Feb 16, 2018 9:20 am

Hi ,

No my wife's we are trying still.
60 days rule is that
From revocation time in tier 2 general ideally we should move to other sponsor if something goes wrong with existing employerin 60 days .Even though the rule changed now we are applicable for 2014 rules.
I didn't receive curtailment letter still,will it impact my 10 years route?or they will consider it as overstay?

revocation reason saying that sponsorship duties are not met properly by Employee and Employer.

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CR001
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Re: Tier2 (change of Employer)

Post by CR001 » Fri Feb 16, 2018 9:35 am

Your visa is only curtailed when you get the letter so still not sure what 60 days you are referring to or what you mean by you are applicable for 2014 rules.
revocation reason saying that sponsorship duties are not met properly by Employee and Employer.
So did you and/or your employer do something you were not suppose to?
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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