Tier-2 switching - when to apply (cannot find this info)

[okokok]

Dear all,

I recall that I cannot apply for Tier-2 visa (I switch my employer after working for the previous one for 2,5 years) 90 days before my current visa expires.

I cannot find this requirement in the new Guidelines. My visa expires on 30-Sep-2012, but my new CoS will be issued from 1-Jul-2012.

Can I apply, say, in April -- or my application will be refused?

Any suggestion is very appreciated.

Thanks a lot!

[manci]

Hi okokok

You said: ".... my new CoS will be issued from 1-Jul-2012."
I assume you mean that your new CoS will be assigned on 1 July.

One cannnot apply for a Tier 2 visa before a CoS has been assigned. Once a CoS is assigned it is valid for use for 3 months from the date of issue, i.e. in your case your CoS will have to be used before end of September.

You can only apply for your new visa after 1 July but not before.

[Agastya80]

Dear all,

I recall that I cannot apply for Tier-2 visa (I switch my employer after working for the previous one for 2,5 years) 90 days before my current visa expires. Where does it says that you cannot apply before 90 days of current visa expiry?

I cannot find this requirement in the new Guidelines. My visa expires on 30-Sep-2012, but my new CoS will be issued from 1-Jul-2012.

Can I apply, say, in April -- or my application will be refused?

Any suggestion is very appreciated.

Thanks a lot!

[okokok]

Sorry, I was not precise enough: my new employer wants me to commence my job from 1-Jul-2012, and is ready to provide me with CoS as soon as possible. Assuming they will provide me the CoS in April -- would I be able to apply immediately (which is more than 90 days before my current Tier-2 General visa expires)?

Many thanks!

[okokok]

Agastya80
I don't remember exactly where I learned that one cannot apply three months before one's current Tier-2 expires, and I would be happy if I am wrong.

[Agastya80]

Agastya80
I don't remember exactly where I learned that one cannot apply three months before one's current Tier-2 expires, and I would be happy if I am wrong.

As per my understanding that's not correct. I am aware of the rule where job start date for newly assigned cos should be within 90 days. but not aware of this rule you are referring to
.....I hope moderators or other members will clarify

[manci]

You cannot apply for an extension of a visa earlier than 90 days before its expiry.

However, you are not applying for an extension of your current visa but making a change of employment applications which means applying for a new visa .You can therefore apply as soon as your new CoS is assigned.

[Agastya80]

You cannot apply for an extension of a visa earlier than 90 days before its expiry.

However, you are not applying for an extension of your current visa but making a change of employment applications which means applying for a new visa .You can therefore apply as soon as your new CoS is assigned.

Thanks for clarification, Manci.

[okokok]

Many thanks manci and Agastya80 for your clarifications.

The last thing, which I wanted perhaps to ask in this respect: I read in another thread of this forum (I can't find it right now, and again this information is perhaps not really clear) that a sponsor cannot issue new CoS 3 months prior the date of expiry of the current visa of his potential employee.

Is it so?

Basically, my main question is -- if my current Tier 2 General expires in 30-Sep-2012, can the new CoS be issued to me already, or the sponsor is restricted to the 90 days rule?

Thanks a lot to both of you for your suggestions.

[manci]

Many thanks manci and Agastya80 for your clarifications.

The last thing, which I wanted perhaps to ask in this respect: I read in another thread of this forum (I can't find it right now, and again this information is perhaps not really clear) that a sponsor cannot issue new CoS 3 months prior the date of expiry of the current visa of his potential employee.

Is it so?

Basically, my main question is -- if my current Tier 2 General expires in 30-Sep-2012, can the new CoS be issued to me already, or the sponsor is restricted to the 90 days rule?

Thanks a lot to both of you for your suggestions.

Hi okokok

If what you say were the case Tier 2 migrants would not be able to change employment throughout the validity of their visas which may be up to 3 years. This is not so.

Please see my post on 18 March @ 12.59 above which answers your (repeated) question.

[okokok]

Thanks manci!

[yash286]

Hi,

I have a question regarding switching from PSW to Tier 2 (employer sponsored visa). My PSW is valid till February 2013 but I want to switch from PSW to Tier 2 now itself. Am I allowed to switch or is there some rule that I can only switch 3 months in advance? I have been looking on the UKBA website, but they have not mentioned any such rule about only being able to switch 3 months in advance.

The only thing the website said was 'You should apply as soon as possible'.

Can anyone help out and also provide a reference link to the UKBA website in case such a rule exists?

Thanks

[manci]

you can switch at any time before your PSW visa expires but need a CoS to apply.

Read the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf