Tier 2 Change of Employment - Guideline

[psnlb]

Hi all

I am under Tier 2 General since Sep 09 with the same company and currently thinking about switching to a new employer, same job category.

I have been reading through this forum for quite some time now and I am hugely grateful for the amount of information present here.

I am however still a bit confused regarding the timeline of the process and therefore thought about posting what I think it should be in a new topic.

Hopefully I'll get responses correcting/adding to what I wrote and we will ultimately have a clear general process guideline for anyone else in my situation.

1. New employer (NE) applies for Sponsorship License. Takes around 6 months to obtain.

2. NE is allocated an unrestricted CoS. 2-3 months?

3. NE assigns CoS to me.
Questions:
- Is it possible to have a CoS assigned to me while being sponsored by another employer?
- Will that have any impact on my current visa with current employer (CE)? ie Will CE be notified in any way? Or can CE find out in any way?

4. This is where I'm confused.
-Resign from CE and apply for leave to remain with NE. Application has to be made within 60 days of UKBA cancelling my current visa? (in order to avoid impact on ILR application later on)
OR
-Apply for leave to remain with NE, wait to receive approval, and only then resign from CE? But wouldn't that mean that I'll have 2 valid visas at the same time...? Isn't that an issue?

Again pls be aware that this is by no means reliable information.
I am hoping we'll finally get that through the forum members contributions.

Thanks all in advance!

[psnlb]

Anyone pls? thx

[alanwong]

Hi all

I am under Tier 2 General since Sep 09 with the same company and currently thinking about switching to a new employer, same job category.

I have been reading through this forum for quite some time now and I am hugely grateful for the amount of information present here.

I am however still a bit confused regarding the timeline of the process and therefore thought about posting what I think it should be in a new topic.

Hopefully I'll get responses correcting/adding to what I wrote and we will ultimately have a clear general process guideline for anyone else in my situation.

1. New employer (NE) applies for Sponsorship License. Takes around 6 months to obtain.

2. NE is allocated an unrestricted CoS. 2-3 months?

3. NE assigns CoS to me.
Questions:
- Is it possible to have a CoS assigned to me while being sponsored by another employer?
- Will that have any impact on my current visa with current employer (CE)? ie Will CE be notified in any way? Or can CE find out in any way?

4. This is where I'm confused.
-Resign from CE and apply for leave to remain with NE. Application has to be made within 60 days of UKBA cancelling my current visa? (in order to avoid impact on ILR application later on)
OR
-Apply for leave to remain with NE, wait to receive approval, and only then resign from CE? But wouldn't that mean that I'll have 2 valid visas at the same time...? Isn't that an issue?

Again pls be aware that this is by no means reliable information.
I am hoping we'll finally get that through the forum members contributions.

Thanks all in advance!

This is a good point, I have the same questions.
Please those who have gone through this help us.

[alanwong]

Hi all

I am under Tier 2 General since Sep 09 with the same company and currently thinking about switching to a new employer, same job category.

I have been reading through this forum for quite some time now and I am hugely grateful for the amount of information present here.

I am however still a bit confused regarding the timeline of the process and therefore thought about posting what I think it should be in a new topic.

Hopefully I'll get responses correcting/adding to what I wrote and we will ultimately have a clear general process guideline for anyone else in my situation.

1. New employer (NE) applies for Sponsorship License. Takes around 6 months to obtain.

does an employer have to apply for sponsorship license every time it applies for a CoS?

2. NE is allocated an unrestricted CoS. 2-3 months?
How do know this?
Some say it takes minutes to get a CoS if paid by credit card?
http://www.immigrationboards.com/viewto ... eb9d77a59a
3. NE assigns CoS to me.
Questions:
- Is it possible to have a CoS assigned to me while being sponsored by another employer?

- Will that have any impact on my current visa with current employer (CE)? ie Will CE be notified in any way? Or can CE find out in any way?

4. This is where I'm confused.
-Resign from CE and apply for leave to remain with NE. Application has to be made within 60 days of UKBA cancelling my current visa? (in order to avoid impact on ILR application later on)
OR
-Apply for leave to remain with NE, wait to receive approval, and only then resign from CE? But wouldn't that mean that I'll have 2 valid visas at the same time...? Isn't that an issue?

Again pls be aware that this is by no means reliable information.
I am hoping we'll finally get that through the forum members contributions.

Thanks all in advance!

[psnlb]

Hi all


2. NE is allocated an unrestricted CoS. 2-3 months?
How do know this?
Some say it takes minutes to get a CoS if paid by credit card?
http://www.immigrationboards.com/viewto ... eb9d77a59a
quote]

I don't know, that's why i'm asking If it's a matter of minutes then great!

[psnlb]

1. New employer (NE) applies for Sponsorship License. Takes around 6 months to obtain.

does an employer have to apply for sponsorship license every time it applies for a CoS?

I'm just assuming the most general situation where the new company doesn't have the licence. If they're already licensed then they can apply for CoS whnever they want.

[alanwong]

I have the impression that one can work for the current employer till the new visa start date (I read this from a post in the forum). There is aslo document from home office suggests one resign after getting new visa.

I will post the link when i find it.

[jkcool]

Is your Job category excempted from RLMT ?

[psnlb]

No jkcool It's not actually and you're right RLMT should be added to the process. I guess it's best to do it while the license application is pending.

[manci]

If you want to switch employers in T2G don't resign your current post until you have a CoS assigned by the new sponsor AND you have applied for leave to remain AND your application has been approved by UKBA.

[psnlb]

Thanks manci. I actually called UKBA today and they said the same thing as you.
My problem however is that when the new application is approved it will automatically cancel the old one and I guess my current employer will be notified which I'm sure won't go down well given that I have a 4 weeks notice period.

[hashmil]

Thanks manci. I actually called UKBA today and they said the same thing as you.
My problem however is that when the new application is approved it will automatically cancel the old one and I guess my current employer will be notified which I'm sure won't go down well given that I have a 4 weeks notice period.

i think the new visa will be valid only from a certain date. not entirely sure, but i think the current visa and sponsorship will be discontinued from the start date of the next visa. So i think if the new employer states a date 4 weeks after, possibly you could carry on that 4 weeks.

or, get fired

[psnlb]

or, get fired

Hahaha working on that

Thanks for the answer, will look into the details

[manci]

Thanks manci. I actually called UKBA today and they said the same thing as you.
My problem however is that when the new application is approved it will automatically cancel the old one and I guess my current employer will be notified which I'm sure won't go down well given that I have a 4 weeks notice period.

see para 197 of the T2 policy guidance:
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.
the work start date in the new CoS should be chosen so as to allow for the notice period in your present job and the application processing time. The latter is predictable if you book the premium service rather than send the application by post.

[alanwong]

Thank those who contributed to the thread, which is really helpful.
I am currently a qualifying work permit holder.
I want to switch to Tier 2. I think the procedure is the same as for changing employer with a Tier visa.
Please comment if I am wrong.

[manci]

can't you apply for ILR?

[alanwong]

can't you apply for ILR?

A good question. As you may have seen my other posts.
Unfortunately I've got a simple caution (battery) in May 2012. Under the new rules, I can not apply for ILR in June 2013 when my visa will expire. Though my current employer will be willing to support my switching to Tier2, but I want to take this chance to change my job.
Hence ...

[alanwong]

Thanks manci. I actually called UKBA today and they said the same thing as you.
My problem however is that when the new application is approved it will automatically cancel the old one and I guess my current employer will be notified which I'm sure won't go down well given that I have a 4 weeks notice period.

Hi, psnlb, could you please tell me the contact number you used to call UKBA?

[manci]

You can switch to T2G. The recommended sequence:

obtain and agree job offer with new sponsor. Note that the salary has to be at least the minimum stated in the codes of practice for the job SOC code. Skill level in your situation need only be NQF3

new sponsor to carry out RLMT (unless an exception applies) and once RLMT completed assigns CoS to you.

When you have the CoS apply for leave to remain. Premium application is preferred because time of the decision would be predictable. Processing a postal application can take a long time.

Once your application is approved and you have the BRP resign your present job.

[physicskate]

Hey all,

I am nearly at the end of this process (again).

My timescale:

Hired by a new school as a Teacher of Physics (shortage occupation, exempt from RLMT): April 23, 2012.

I give my notice: April 25, 2012

NE applies for sponsor license: July 27, 2012

End of notice period and I cease previous employment: Aug 30, 2012 (teachers have three leaving dates per year!!!! so not able to follow UKBA advice....)

Due to start job: Sept 1,2012

Sponsorship approved: Dec 2, 2012

CoS issued: Dec 12, 2012

Application posted: Dec 12, 2012

Acknowledgment letter dated: Dec 14, 2012

Payment taken: Dec 17,2012

Biometric letter received: Jan 9, 2013.

All told, this process has been taking me 8 1/2 months so far and is likely to take another 3-4 weeks.

NOT TO BE UNDERTAKEN LIGHTLY!!

[manci]

All told, this process has been taking me 8 1/2 months so far and is likely to take another 3-4 weeks.
NOT TO BE UNDERTAKEN LIGHTLY!!

and the lesson - not to resign before your application is approved by UKBA (it still isn't)

[alanwong]

You can switch to T2G. The recommended sequence:

obtain and agree job offer with new sponsor. Note that the salary has to be at least the minimum stated in the codes of practice for the job SOC code. Skill level in your situation need only be NQF3

new sponsor to carry out RLMT (unless an exception applies) and once RLMT completed assigns CoS to you.

When you have the CoS apply for leave to remain. Premium application is preferred because time of the decision would be predictable. Processing a postal application can take a long time.

Once your application is approved and you have the BRP resign your present job.

Hi, manci, many thanks for your advice, which will be very useful for me.

[alanwong]

Hey all,

I am nearly at the end of this process (again).

My timescale:

Hired by a new school as a Teacher of Physics (shortage occupation, exempt from RLMT): April 23, 2012.

I give my notice: April 25, 2012

NE applies for sponsor license: July 27, 2012

End of notice period and I cease previous employment: Aug 30, 2012 (teachers have three leaving dates per year!!!! so not able to follow UKBA advice....)

Due to start job: Sept 1,2012

Sponsorship approved: Dec 2, 2012

CoS issued: Dec 12, 2012

Application posted: Dec 12, 2012

Acknowledgment letter dated: Dec 14, 2012

Payment taken: Dec 17,2012

Biometric letter received: Jan 9, 2013.

All told, this process has been taking me 8 1/2 months so far and is likely to take another 3-4 weeks.

NOT TO BE UNDERTAKEN LIGHTLY!!

Thanks for the information,physicskate.
According to your experience, I may not have time to change my job, because my visa will expire in June. Do you think I'd speak to my current employer to get a Cos for me to extend my visa?

[psnlb]

Hi, psnlb, could you please tell me the contact number you used to call UKBA?

0870 606 7766. I called around mid-day, waited just under 10 minutes to get hold of an operator.

[physicskate]

Thanks for the information,physicskate.
According to your experience, I may not have time to change my job, because my visa will expire in June. Do you think I'd speak to my current employer to get a Cos for me to extend my visa?[/quote]


You might not have time... but youll never know if you don't try. Additionally, the UKBA were pushing sponsorship applications through like crazy so I believe many people have been experiencing a shorter wait for sponsorship than I did...