TIER 2 switching employers

[olguismolguis]

Hi everyone,

I've searched through, and maybe am too worried, but still have some questions unanswered, would be grateful for any links or guidance.

I am offered a job with a new employer (I am currently a Tier 2 migrant). The job is on a slightly lower salary (a difference of 500 pounds a year), but still well within the specified pay for my category of work, may it affect my application?

Do I understand the sequence of steps rightly as the following: I give notice at my current employer (3 months). During the 3 months the new employer gets me the new CoS (the job has been advertised for 28 days, and everything). After the three months of notice are over, I get a new visa asap (personal visit appointment?) and then hopefully start work with the new employer as soon as I have the visa.
Is that correct? Or does the new CoS cancel out the old one, so that as soon as I get the new CoS, I can't work for my old employer anymore? If so, how then shall it work? Should the new employer apply for CoS at the very end of my notice period at the old employer, and in the end it will result in some time in between jobs with no pay?

thanks a lot!

[olguismolguis]

So, as I understand, the CoS is valid not from the date of issue but from any specified date that I can plan with the employer. So do you think it's possible to, say, specify a start date on CoS as 1 of October, specify the end of notice day as the 29th of September and get an appointment on the 30th of September or are there any dangers in such planning?

[manci]

Suggested sequence assuming you are at present in the Tier 2 General category:

1.
your new sponsor assigns a T2G CoS to you. The work start date to be agreed between you and the snew ponsor,
2.
Once you have the CoS hand in your notice.
3.
Once you have the CoS you can also apply for leave to remain straight away. The leave to remain always starts from the work start date given in the CoS.

Keep in mind that a CoS must be used (i.e. you have to apply for leave to remain) within 3 months from the date it has been assigned

[olguismolguis]

Suggested sequence assuming you are at present in the Tier 2 General category:

1.
your new sponsor assigns a T2G CoS to you. The work start date to be agreed between you and the snew ponsor,
2.
Once you have the CoS hand in your notice.
3.
Once you have the CoS you can also apply for leave to remain straight away. The leave to remain always starts from the work start date given in the CoS.

Keep in mind that a CoS must be used (i.e. you have to apply for leave to remain) within 3 months from the date it has been assigned

Manci, thanks a lot! This is very useful - I didn't think of such an order. I thought a new Tier 2 always starts on the day it is issued.
I am in Tier 2 General category, started in 2008 yet as a WP.

So if I hand in my notice after I have a new CoS, it will significantly lower the risks of losing one job and not getting another. And if I follow your advice, I can avoid having unpaid time (still working for old employer until the notice period is over and while already having a new Tier 2 with a date in the future). Cool! thanks a lot

[olguismolguis]

another (maybe silly) question. My current Tier 2 is valid until 2014. I have two dependents - do they have to re-apply with me (they'll get another peice of cupboard also likely to be until 2014, same status, just my employer will be different)?

[manci]

another (maybe silly) question. My current Tier 2 is valid until 2014. I have two dependents - do they have to re-apply with me?

You are a T2G migrant and both your and your dependants' current leaves expire in 2014. You are going to change sponsors shortly.

When you apply for leave to remain based on your new CoS the length of your new leave will depend inter alia on the work end date stated in the CoS.

Generally a T2 dependant's leave will expire at the same time as the migrant's.

I was trying to find information (unsuccessfully) in the PBS Dependant Policy Guidance and the Immigration Rules whether a T2G migrant's change of sponsor automatically invalidates the dependants' visa/BRP, even if the migrant's new leave expires later than his (and his dependants') existing leave.

Apparently there is an UKBA internal guidance that in your situation, i.e. changing sponsor in the T2G category, the dependants must apply for leave to remain together with the migrant.

Perhaps Moderators can comment.