Tier 2 General: change of employer after resignation

[Smosocky]

Hello,

I have a little bit of a tricky situation here.

I came to the UK in August 2015 with a Tier 2 General visa.
I officially quit my job on Dec 31 2017 after being completely burnt out and battling with terrible working conditions and depression.
Since then I have been applying for new roles where I would have a better work life balance and I never received a curtailment letter even though my employer sent it 5 days after my last day.
I have been coming in and out of the UK since resigning and there never seems to be a problem at entry, seems like I’m still sponsored in the system.
My BRP expires on September 2018.
I finally received an offer on 31 March 2018 but I didn’t mention to the new employer that I quit and they are about to start the sponsorship process for me as a change of employer.

My questions are the following:
1. Since I have been unemployed for over 90 days is the change of employment the proper way for my new sponsor to go about my tier 2 visa or do they have to do a whole new application?

2. Would my previous 2 and a half years with my old employer stillcount towards my ILR application in 2020?

3. Again, since I never received a curtailment letter, I have not been overstaying, right?

Thank you very much for your time

[CR001]

1. Yes a visa extension for a new sponsor within the UK is correct. You still need to apply for the visa and pay the fees and IHS.

2. Yes.

3. Curtailment letters can take many months to get sent to you.

[Smosocky]

1. Yes a visa extension for a new sponsor within the UK is correct. You still need to apply for the visa and pay the fees and IHS.

2. Yes.

3. Curtailment letters can take many months to get sent to you.

Thank you so much for the quick reply it definitely makes me feel better as I was afraid one ce the new employer launch the process for taking over my sponsorship they would get some troubles with me being unemployed for over 90 days.

Regarding my point 2, isn’t there a 60 days limit between employment for the ILR to not be valid? I keep reading about it but it’s not clear and I just think it would be such a shame to lose all those previous years of employment.

Once my new employer launch the sponsorship process any ideas how long that could take until I receive a new brp?

Thanks again

[CR001]

Regarding my point 2, isn’t there a 60 days limit between employment for the ILR to not be valid? I keep reading about it but it’s not clear and I just think it would be such a shame to lose all those previous years of employment.

The 60 day employment gap relevant to ILR has been removed from the immigration rules and is no longer applicable or an obstacle.

indefinite-leave-to-remain/great-news-6 ... l#p1571171

Once my new employer launch the sponsorship process any ideas how long that could take until I receive a new brp?

Once your new sponsor (if already a licenced sponsor) has completed the full and proper RLMT for 28 days and issued you a UCoS, you have to apply for a new visa, pay the visa fees and IHS fees. You can either apply in person for a same day decision or you can apply by post which can take a couple of months. Once your visa is approved, you will receive your BRP card by DX Courier. You can only start working for your new sponsor once you have your new visa.

How have you been maintaining yourself financially since leaving your job?

You need to make sure that you have not been stamped into the UK as a visitor on your recent trips as this could invalidate your current visa.

Also, if HO are aware that you have left the country, curtailment letters are not always sent.

[Smosocky]

Regarding my point 2, isn’t there a 60 days limit between employment for the ILR to not be valid? I keep reading about it but it’s not clear and I just think it would be such a shame to lose all those previous years of employment.

The 60 day employment gap relevant to ILR has been removed from the immigration rules and is no longer applicable or an obstacle.

indefinite-leave-to-remain/great-news-6 ... l#p1571171

Once my new employer launch the sponsorship process any ideas how long that could take until I receive a new brp?

Once your new sponsor (if already a licenced sponsor) has completed the full and proper RLMT for 28 days and issued you a UCoS, you have to apply for a new visa, pay the visa fees and IHS fees. You can either apply in person for a same day decision or you can apply by post which can take a couple of months. Once your visa is approved, you will receive your BRP card by DX Courier. You can only start working for your new sponsor once you have your new visa.

How have you been maintaining yourself financially since leaving your job?

You need to make sure that you have not been stamped into the UK as a visitor on your recent trips as this could invalidate your current visa.

Also, if HO are aware that you have left the country, curtailment letters are not always sent.

That is great news regarding the 60-day employment gap!!!!

I managed to get a pretty good leaving package after resigning as health was one of the reason I resigned which is why I didn’t have any financial trouble these past few months.

With regards to my status when entering the IK I was always asked who was my sponsor at the border and I mentioned my old employer and it was never an issue, which is why I assume my status is still under tier 2.
Do I have a way of checking that? I never had a UK tourist visa in the past. Just my entry clearance in August 2015 and my brp card valid until September 2018.

[CR001]

I posted on the basis of your US flag in your profile, i.e. you get stamped in as a visitor usually.

Best to check what the stamped in your passport when you arrived back.

[Smosocky]

I posted on the basis of your US flag in your profile, i.e. you get stamped in as a visitor usually.

Best to check what the stamped in your passport when you arrived back.

I have just checked my last stamps and the immigrations officers all wrote the numbers on my BRP card above the entry stamp

[CR001]

All good then.

[Smosocky]

All good then.

Thank you so much again for your help in clarifying all my queries
I really appreciate
I will keep this thread going once my new employer officially launch the sponsorship process

Kind regards

[CR001]

Please do keep us updated and feel free to ask any further questions you might have in this topic.

Good luck.

[Smosocky]

Please do keep us updated and feel free to ask any further questions you might have in this topic.

Good luck.

Hi again,
My new employer called me this morning because their lawyer told them that they didn’t do the proper ULMT for 28 days.
Basically they will have to re advertise it and using a special job board that will show the home office it has been advertised for 28 days.
They told me they are maintaining their offer to me but now it’s just going to be 28 day longer before they can start the visa process.
Their lawyers will contact me to gather information so that they can submit my tier 2 G visa request as soon as the 28 day period passes.

I’m wondering if I still can leave the country while those 28-day passes
The curtailment letter still didn’t arrive (even though I resigned since Dec 3- 2017 from my old employer)
What is my best course of action at this point?

Thank you