Switching jobs but deciding to stay

[Pc78]

Hi,

My American partner has been working for a company on a Tier 2 visa for the last year or so and found an opportunity with another Tier 2 sponsoring company, applied, got the job and they helpfully guided her through applying for the new visa which came through last week. Following best practice as we have read here and from legal advice, she put her notice in this week with the current company but they have now counter offered an extremely tempting offer to better that of the new employer. She is now weighing up her options but we don’t know what the situation is if she just turns down the other company’s job given there is a whole new visa and BRP issued for it? Nothing has been signed contractually and she is prepared to reimburse the new company for their legal/application costs.

Thanks for any help.

[CR001]

She has to apply for a new tier 2 visa and meet all the standard requirements etc to take up the offer with her current employer. Her previous visa has been cancelled when the new visa was issued.

[Pc78]

Ah - it was my understanding the visas run concurrently until the current employer tells the home office she has ceased employment there? Her SOC code wouldn’t change, just her salary so would she really have to apply again to stay with the current company?

[CR001]

it was my understanding the visas run concurrently until the current employer tells the home office she has ceased employment there?

Nope. She cannot hold two UK visa simultaneously. Her previous visa has been cancelled and superseded by the new tier 2 visa.

Her SOC code wouldn’t change, just her salary so would she really have to apply again to stay with the current company?

Yes.

[Pc78]

Thank you very much for your succinct response which has helped greatly.

[Pc78]

On a side note, there will be a week between the end of employer 1 and the start of employer 2. Can we go on a small holiday in that time or is there a chance she won’t be able to get back in?!

[CR001]

Free to travel if holding a valid visa at the time of traveling, i.e. her new visa start date should be before you travel.

[Pc78]

Presuming that is the issue date as stated on the BRP, not the employment start date then?

[CR001]

Presuming that is the issue date as stated on the BRP,/quote]
Correct yes.

[Pc78]

Thank you once more for your help.