Tier 2 General - Change of employment - new COS

[smitslondon2019]

Hi All,

I have same query but my situation is quite different.
I was/am on Tier 2 general visa which was valid until February 2024. This Visa was issued to me recently March 2019, but due to some internal issues in my employer, my job was terminated justifying as performance issue. The job last date was 15th April 2019. Till date I have not received HO Curtailment letter.
Meanwhile I have got an offer from another employer who has done RLMT and have issued me the COS(Tier 2 (General - Changes of Employment - ISC liable)) with different Job Code which does not fall under short occupation list.
Please can you guide me on below points:
1) To apply visa which way should I go ??--- Tier 2 switch visa or Tier 2 Extend visa or any other way, the former two category does not suggest for change of employment visa and I could not find anything to apply for Tier 2 Change of Employment visa.
2) In Visa application what should I mention about my current Visa status and if I select Tier 2 General Visa, then what should be the end date/expiry date for this visa? Should this be Feb 2024 or April 2019, considering the fact that I had been terminated early but have not yet received HO Curtailment letter ??
3) Will my situation have any affect on ILR when I apply in future. How will the 5 years stay on tier 2 general visa be calculated in my situation. How does the Gap between two jobs on Tier 2 Visa (in my situation) will affect on ILR?

Many thanks!!

[smitslondon2019]

sorry in my above post I have mistakenly mentioned wrong job last date as 15th April 2019, it was 15th July 2019. reiterating my queries based on correct last date of my job.

1) To apply visa which way should I go ??--- Tier 2 switch visa or Tier 2 Extend visa or any other way, the former two category does not suggest for change of employment visa and I could not find anything to apply for Tier 2 Change of Employment visa.
2) In Visa application what should I mention about my current Visa status and if I select Tier 2 General Visa, then what should be the end date/expiry date for this visa? Should this be Feb 2024 or July 2019, considering the fact that I had been terminated early but have not yet received HO Curtailment letter ??
3) Will my situation have any affect on ILR when I apply in future. How will the 5 years stay on tier 2 general visa be calculated in my situation. How does the Gap between two jobs on Tier 2 Visa (in my situation) will affect on ILR?

[CR001]

1) To apply visa which way should I go ??--- Tier 2 switch visa or Tier 2 Extend visa or any other way, the former two category does not suggest for change of employment visa and I could not find anything to apply for Tier 2 Change of Employment visa.

You are applying for an extension with a new employer. Not sure what options you are given but many have done this.

2) In Visa application what should I mention about my current Visa status and if I select Tier 2 General Visa, then what should be the end date/expiry date for this visa? Should this be Feb 2024 or July 2019, considering the fact that I had been terminated early but have not yet received HO Curtailment letter ??

You state the date it currently expires. Your visa expiry only changes when HO sends the curtailment letter.

3) Will my situation have any affect on ILR when I apply in future. How will the 5 years stay on tier 2 general visa be calculated in my situation. How does the Gap between two jobs on Tier 2 Visa (in my situation) will affect on ILR?

No issue with employment gap.

[smitslondon2019]

Thanks CR001 for your quick response!
With respect to my 1st query and your response, I have no options given but I am confused which application should I apply in this case.
As per the Tier-2-Policy-Guidance-08-2019.pdf
https://assets.publishing.service.gov.u ... 8-2019.pdf
it states under section ""Change of employment applications
214. You must make a change of employment application if you wish to change employer. You
must have a new Certificate of Sponsorship from your new sponsor and you must meet all
the points requirements.""
But I could not find anything specific to change of employment application

Also in the other section it states ""Extension applications
219. You must make an extension application if you need to extend your leave and you are
applying to continue in the same job for the same sponsor. You cannot apply for an
extension if you are applying from outside the UK, or switching from another category, or
changing employment (see above). You should refer to paragraph 207 above for the total
amount of time leave can be granted for in each Tier 2 category.""

In this section it clearly states you can not apply for an extension if changing employment.

Hence I am really confused. Please guide further. I have explained my situation.

[smitslondon2019]

Thanks CR001 for your quick response!
With respect to my 1st query and your response, I have no options given but I am confused which application should I apply in this case.
As per the Tier-2-Policy-Guidance-08-2019.pdf
https://assets.publishing.service.gov.u ... 8-2019.pdf
it states under section ""Change of employment applications
214. You must make a change of employment application if you wish to change employer. You
must have a new Certificate of Sponsorship from your new sponsor and you must meet all
the points requirements.""
But I could not find anything specific to change of employment application

Also in the other section it states ""Extension applications
219. You must make an extension application if you need to extend your leave and you are
applying to continue in the same job for the same sponsor. You cannot apply for an
extension if you are applying from outside the UK, or switching from another category, or
changing employment (see above). You should refer to paragraph 207 above for the total
amount of time leave can be granted for in each Tier 2 category.""

In this section it clearly states you can not apply for an extension if changing employment.

Hence I am really confused. Please guide further. I have explained my situation.

.
please can anyone suggest on my query. With changing the employer my Job Type Code has changed from 2134 to 2135 and both of these SOC code falls under RQF6 category.

Kindly confirm if I can apply for Tier-2 extension?

Appreciate for earliest response!!
Many Thanks!

[Pepe07]

Hi, I am in asimilar situation. I it neither in extension nor in switching. I resigned from my job. Idont know what to do. If you read the eligibilty for switch and eligibility forrxtend I dont fit in. What did you do? Did you get your result?