Tier 2 employer change

[SupermanJD]

Hi all,

I have my second extension on Tier 2 general visa in October last year. However, I have now accepted a new job offer and hence a new COS will be issued and a new visa will need to be applied. I start my new job in April 2018. I have got the following questions, it would be great if you could help me out please?

1. My existing employer had extended my visa for 3 years in October. My wife is my dependant on this visa. We both received out BRPs in October. My new employer has informed me that they have already applied new visa. Does my wife need to apply another dependent visa then?

2.Do I need to give BRP if I had given my previous BRP in October. (As its within 6 months)?

3. Is there any way to apply for a shorter Tier 2 extension? As I only need a visa till August next year after which I can apply ILR under both 10 yr and 5 yr route?

4. A solicitor says her advice fees are £1,500 is that even reasonable for a dependant visa? It seems a lot for me.

Thanks for your help in advance.

[CR001]

1. My existing employer had extended my visa for 3 years in October. My wife is my dependant on this visa. We both received out BRPs in October. My new employer has informed me that they have already applied new visa. Does my wife need to apply another dependent visa then?

No she does not have to apply with you. See When to Extend PBS Dependents Leave (click)

2.Do I need to give BRP if I had given my previous BRP in October. (As its within 6 months)?

Yes. You are required to enroll biometrics with each application you make to HO.

3. Is there any way to apply for a shorter Tier 2 extension? As I only need a visa till August next year after which I can apply ILR under both 10 yr and 5 yr route?

How long your visa is for depends on how long the CoS is for. Bear in mind that if you apply long residence ILR, you cannot include your dependent for ILR.

4. A solicitor says her advice fees are £1,500 is that even reasonable for a dependant visa? It seems a lot for me.

Your dependent does not need to extend. You also do not need a solicitor for your visa.

[SupermanJD]

1. My existing employer had extended my visa for 3 years in October. My wife is my dependant on this visa. We both received out BRPs in October. My new employer has informed me that they have already applied new visa. Does my wife need to apply another dependent visa then?

No she does not have to apply with you. See When to Extend PBS Dependents Leave (click)

This is great! Thanks! So, its just me changing my visa.

3. Is there any way to apply for a shorter Tier 2 extension? As I only need a visa till August next year after which I can apply ILR under both 10 yr and 5 yr route?

How long your visa is for depends on how long the CoS is for. Bear in mind that if you apply long residence ILR, you cannot include your dependent for ILR.

Thanks for this info. I wasn't aware of this.
My wife completes 10 years in August 2019. However, I complete 10 years in Dec 2019. But, I would finish my 5 years on Tier 2 in sept 2019. So, I guess we could apply together.

[CR001]

Yes you could, her on 10 year route on Set(LR) and you on 5 year PBS route on Set(O).

Both can be done in person, separate appointments.

[SupermanJD]

Yes you could, her on 10 year route on Set(LR) and you on 5 year PBS route on Set(O).

Both can be done in person, separate appointments.

Thanks for this. I have just heard back from new employer today. They were confused and have asked me my job type today which means they have not even done the COS yet.

I am due to start my job late April and am already on my notice period which finishes in a months time today.

Is it too late for the new employer to make an application? My occupation is on the RQF6 list and my new employer is a TierA sponsor.

Also, how long do I have after my last working day with previous employer to be in the country? I could potentially go back to them if it is needed.


Thanks

[CR001]

You should never have resigned until you had your new visa in hand. What if your new visa is refused??

Your new sponsor should be able to request an urgent UCoS or check if they have any available to use.

Also, how long do I have after my last working day with previous employer to be in the country?

No such requirement or limit until such time as you receive a curtailment letter, which can take a couple of months.

[Djsuccess]

Yes you could, her on 10 year route on Set(LR) and you on 5 year PBS route on Set(O).

Both can be done in person, separate appointments.

Thanks for this. I have just heard back from new employer today. They were confused and have asked me my job type today which means they have not even done the COS yet.

I am due to start my job late April and am already on my notice period which finishes in a months time today.

Is it too late for the new employer to make an application? My occupation is on the RQF6 list and my new employer is a TierA sponsor.

Also, how long do I have after my last working day with previous employer to be in the country? I could potentially go back to them if it is needed.


Thanks

Has the new employer carried out a proper RLMT? Are they offering you the appropriate salary?
There are so many questions you need to answer and that's why you should never resign until you have your new visa.
if your new employer is asking you for your job type, then it is likely they don't know what they are doing? If possible, I will advise you withdraw your resignation letter and stay with your current employer. wait until you have your new visa approved before you resign.

[SupermanJD]

Yes you could, her on 10 year route on Set(LR) and you on 5 year PBS route on Set(O).

Both can be done in person, separate appointments.

Thanks for this. I have just heard back from new employer today. They were confused and have asked me my job type today which means they have not even done the COS yet.

I am due to start my job late April and am already on my notice period which finishes in a months time today.

Is it too late for the new employer to make an application? My occupation is on the RQF6 list and my new employer is a TierA sponsor.

Also, how long do I have after my last working day with previous employer to be in the country? I could potentially go back to them if it is needed.


Thanks

Has the new employer carried out a proper RLMT? Are they offering you the appropriate salary?
There are so many questions you need to answer and that's why you should never resign until you have your new visa.
if your new employer is asking you for your job type, then it is likely they don't know what they are doing? If possible, I will advise you withdraw your resignation letter and stay with your current employer. wait until you have your new visa approved before you resign.

The vacancy had been advertised for atleast 3 months. They were not able to recruit the right candidate.
I spoke to them again today and stressed on the importance. As you said it really looks like they don't know what they are doing. They said it was all under control and and my visa will be ready on the start date and visas are allocated to individuals based on their requests to Govt. They said they had to provide info like vacancy details, threshold, advertisement period, etc (sounds like a COS) They also said it was 99% done and will be same type visa that I had with previous employer. I don't understand how it can be done without me signing anything. I have only provided my passport and previous BRP scans. The company is a FTS100 PLC and hence I would have thought they know this.

To be honest I am not sure what I can do at this stage.

[CR001]

They request a CoS. Assign it to you. YOU are the one that should be applying for the visa as you are required to sign the form and enroll biometrics.

Sounds odd they way they are phrasing things.

[SupermanJD]

They request a CoS. Assign it to you. YOU are the one that should be applying for the visa as you are required to sign the form and enroll biometrics.

Sounds odd they way they are phrasing things.

Agreed! My current employer applied both my visas. All I had to do is sign forms.
These guys don't seem to be having a clue. I guess I'll flag it to senior mgt and see what they say and in the next few days if does not go ahead as planned, I will take back my resignation with current employer.

[Djsuccess]

Yes you could, her on 10 year route on Set(LR) and you on 5 year PBS route on Set(O).

Both can be done in person, separate appointments.

Thanks for this. I have just heard back from new employer today. They were confused and have asked me my job type today which means they have not even done the COS yet.

I am due to start my job late April and am already on my notice period which finishes in a months time today.

Is it too late for the new employer to make an application? My occupation is on the RQF6 list and my new employer is a TierA sponsor.

Also, how long do I have after my last working day with previous employer to be in the country? I could potentially go back to them if it is needed.


Thanks

Has the new employer carried out a proper RLMT? Are they offering you the appropriate salary?
There are so many questions you need to answer and that's why you should never resign until you have your new visa.
if your new employer is asking you for your job type, then it is likely they don't know what they are doing? If possible, I will advise you withdraw your resignation letter and stay with your current employer. wait until you have your new visa approved before you resign.

The vacancy had been advertised for atleast 3 months. They were not able to recruit the right candidate.
I spoke to them again today and stressed on the importance. As you said it really looks like they don't know what they are doing. They said it was all under control and and my visa will be ready on the start date and visas are allocated to individuals based on their requests to Govt. They said they had to provide info like vacancy details, threshold, advertisement period, etc (sounds like a COS) They also said it was 99% done and will be same type visa that I had with previous employer. I don't understand how it can be done without me signing anything. I have only provided my passport and previous BRP scans. The company is a FTS100 PLC and hence I would have thought they know this.

To be honest I am not sure what I can do at this stage.

Advertising the job for three months alone does not necessarily mean that the RLMT has been done properly. And for the COS, what you need is unrestricted COS because you are applying within UK as change of employer. If the company is a registered sponsor, they will only need to request CoS if they dont have one to use. Once the CoS is issued, it can then be assigned to you. You will need CoS to complete your application form by yourself. A FTSE 100 company might have an HR person that knows nothing about immigration.
Again, if possible, I will advise you withdraw your resignation letter.

[SupermanJD]

Advertising the job for three months alone does not necessarily mean that the RLMT has been done properly. And for the COS, what you need is unrestricted COS because you are applying within UK as change of employer. If the company is a registered sponsor, they will only need to request CoS if they dont have one to use. Once the CoS is issued, it can then be assigned to you. You will need CoS to complete your application form by yourself. A FTSE 100 company might have an HR person that knows nothing about immigration.
Again, if possible, I will advise you withdraw your resignation letter.

If I decide to take back my resignation letter and continue working after my last date i.e. 23rd april, and my company is ok with it. Do need to apply another visa or inform UKBA that they are going to continue employing me?

thanks

[CR001]

You need to speak to your employer and see if you can withdraw your resignation.

Employers only inform HO about your end of employment once you have left the company, not before.

[SupermanJD]

Thanks for all your advice guys!

I have requested my current employer to withdraw my resignation. The new employer issued me a COS but did not do it properly and advertised on UJM only for 1 week.

I have an option to advertise for further 3 weeks and get a new COS reissued but it is too late as I need to fly out of UK in a months time.

Also, considering my last date is end of next week, I don't have any confidence in my new employer in fixing the situation and issuing a new COS.

I am hoping my resignation withdrawal works fine. I will let you guys know.

[SupermanJD]

Hi all

I have been able to keep my old job.

My new employer is still interested to get me onboard later this year. This time I want to make sure that visa is in hand.

As I need to give a 3 month notice to my existing employer, is it possible for me to set a start date of September and get the cos done may end and apply and get visa so that I have atleast 3 months to give notice to my current employer?

What I am trying to gather is, is it possible to apply more than 3 months before my new COS start date?

Thanks

[SupermanJD]

Can someone please provide an answer on this? Thanks