Tier 2 (G) --> ILR - employment switch

[Alex218]

Hi guys,

I am on Tier 2 (G) and will be eligible for ILR on 2 Aug 18. Got my first Tier 2 (G) inside the UK on 29 Aug 13.

Throughout these 5 years, i switched employer once in Nov 2016. For this, My new employer applied for Tier 2 same day which was approved. However, I only started working for them from 2 Feb 17 due to notice period that i had to serve at my previous employer i.e. i only resigned once my new Tier 2 was approved and therefore 3 months notice period from there.

Question 1: Since serving notice period is quite a standard practice, do people think that home office will treat that as a potential breach of Tier 2 terms/conditions?

Question 2: would that have any implications on my upcoming ILR application? If so, should i clarify and provide evidence that my old employer made me work for them for that period (i have all the documentation etc).

KRs,

[Alex218]

anyone please?

[zimba]

Question 1: Since serving notice period is quite a standard practice, do people think that home office will treat that as a potential breach of Tier 2 terms/conditions?

You CANNOT work for an sponsor when you change your visa sponsor to someone else. You WERE in breach of conditions of your stay by working for previous sponsor when your visa sponsor was changed. I have heard the notice period argument several time here which make no sense. You must give notice, complete your employment, leave your job and then change your visa. You cannot change your visa and claim there was a notice period and continue to work for the previous sponsor

Question 2: would that have any implications on my upcoming ILR application? If so, should i clarify and provide evidence that my old employer made me work for them for that period (i have all the documentation etc).

Your employer did not break the rules, you did breached the conditions of your stay. The notice period is contractual and you must have changed the sponsor when your employment was fully terminated. HO can use this against you during ILR

[Akorotaeva]

Hi Zimba,

Quite a few moderators here advise not to resign until the new visa is granted though?

Also, I saw quite a few times people working with the old enployer until the start date on their new COS?

[zimba]

Quite a few moderators here advise not to resign until the new visa is granted though?

Evidence ?

Also, I saw quite a few times people working with the old employer until the start date on their new COS?

You are not allowed under the rules. They are in breach of their visa conditions

[Akorotaeva]

As per Tier 2 rules:

You can continue working for your previous sponsor until
the start date on your new Certificate of Sponsorship, provided your previous Tier 2 visa has not expired.

Note "previous" here logically means that a new BRP has been issued...

[Akorotaeva]

Example of advice given by moderator: uk-tier-2-employer-sponsored-visas/is-e ... lit=Notice period#p1632560

[Alex218]

Thanks both for sharing your thoughts. I have done a bit of research myself while i couldnt find much on this but i have found the text below in Tier 2 policy and based on this, at least in my situation, i am okay and was NOT in breach of Tier 2 conditions:

Article 225 of Tier 2 policy (see link below)
"You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired"

https://assets.publishing.service.gov.u ... 18__2_.pdf

As I mentioned above, I am okay in this case because while my notice period was for nearly 3 months, i did not work for my previous employer beyond the start date on my new CoS. Also, my previous Tier 2 leave was also valid for three years at that point of time.

[Alex218]

Hi guys,
Apologies for hijacking this but think i have a relevant query.

I have roughly 150 days of absences over 5 years (on Tier 2 G). During this period, i switched employers and therefore absences are splits across two employers. My current employer has given me the letter confirming my absences with them (roughly 80 days of 150 days), the rest were with my previous employer and i haven't got any letter from them. Do you think this would be a problem for ILR application (via Tier 2 G route)?

Thanks,

[apsk]

Hi guys,
Apologies for hijacking this but think i have a relevant query.

I have roughly 150 days of absences over 5 years (on Tier 2 G). During this period, i switched employers and therefore absences are splits across two employers. My current employer has given me the letter confirming my absences with them (roughly 80 days of 150 days), the rest were with my previous employer and i haven't got any letter from them. Do you think this would be a problem for ILR application (via Tier 2 G route)?

Thanks,

You can always request your previous employers to provide you the absence letter. Else you will need to select Other in form and support your application with entries in your passport.

[CR001]

Topics/post split and merged (click)

See also point 12 in the forum rules FAQs about tagging onto other members threads (click)

[Alex218]

Thanks... i have the passport stamps but not sure if i can request the holidays / absences letter from previous employer as none of my team is there anymore so cant see that happening.

[apsk]

Thanks... i have the passport stamps but not sure if i can request the holidays / absences letter from previous employer as none of my team is there anymore so cant see that happening.

Doesnt matter if your team is there now, employer's system/records must be showing your details. It is their duty to maintain records and accessible to ex-employee on request.