Changing Employers from Tier 2 to Tier 2

[manci]

Need urgent help/suggestion -
Recently I've got my sponsor changed and received the BRP as well with start date of 15 May 2013. Am I allowed to continue to work for my previous employer to serve the notice period?

If yes, then for how long I can work?

If No, then what should I do?

you can only continue working for your previous sponsor until the work start date in the new CoS and provided your previous leave has not expired (see para 199 in the T2 policy guidance).

[india_an]

Need urgent help/suggestion -
Recently I've got my sponsor changed and received the BRP as well with start date of 15 May 2013. Am I allowed to continue to work for my previous employer to serve the notice period?

If yes, then for how long I can work?

If No, then what should I do?

you can only continue working for your previous sponsor until the work start date in the new CoS and provided your previous leave has not expired (see para 199 in the T2 policy guidance).

Thanks Manci, my new employer has changed my start date in sponsor management system.

[manci]

Thanks Manci, my new employer has changed my start date in sponsor management system.

That may be so as far as the actual start date is concerned but the work start date in the CoS cannot be changed once a CoS has been "used" and that is what counts. Since you now have a new leave tied to working for the new sponsor you cannot continue working for your previous sponsor beyond the work start date in the new CoS or the date of your new leave, whichever the later.

[muney]

Hi,

I am on a Tier 2 Gen expiring 04/08 and my dependents' visas are due 04/08 as well.

I am about to switch employer

1) If I, as the main applicant apply to renew my visa with my new employer's CoS through a PEO, would this affect anything about the visas of my dependents?
2) Are there any risks if my dependents make their application by post after I receive my BRP from the PEO?
3) If all three of us make a postal application, what is the max. date that my current employer is allowed to have me continue working: My current CoS is due 21/07 but they may be positive to extending my contract. If the postal application extends beyond 04/08, would they be allowed to employ me after this date as if in an extension application with the same employer situation?

[muney]

1) If I, as the main applicant apply to renew my visa with my new employer's CoS through a PEO, would this affect anything about the visas of my dependents?

I have found out in the application form that, if they apply with my, we do not need to show proof of maintenance (i.e., 600 GBP per person), however, we would need to prove that we have had 600 GBP per person for the last 90 days, if they apply later.

2) Are there any risks if my dependents make their application by post after I receive my BRP from the PEO?

Still dunno. The gurus of the forum might help

3) If all three of us make a postal application, what is the max. date that my current employer is allowed to have me continue working: My current CoS is due 21/07 but they may be positive to extending my contract. If the postal application extends beyond 04/08, would they be allowed to employ me after this date as if in an extension application with the same employer situation?

dunno. The gurus of the forum might help.

[konglong]

Thank you for your reply and sharing your knowledge

[Tinman]

Hello, I would appreciate if someone could provide some advice please.
I am currently working with Tier 2 (general) which is valid till 2016. I just got a new job and already obtained my Tier 2 visa for my new job. My questions is this:
If my resumption date with new employer is MONDAY 5th of May, 2014, would it be ok to stop work on WEDNESDAY the 30th of April, leaving two days free inbetween or do I have to resume work with my new employer the next day after ending my current employment which is THURSDAY the 1st of May so as not to leave any days hanging inbetween transition?

Many thanks.

[manci]

The date when you actually start in your new job is by agreement between you and the new sponsor with the proviso that you are not allowed to start before the work start date stated in the CoS. Equally, the finishing date in your current job is also by agreement with your current sponsor but it cannot be after the work start date given in the new CoS . As you have valid leave It doesn't matter if, by agreement with the respective employer, you take time off between the jobs.

[Tinman]

Many thanks for clarifying this Manci

[lokster01]

The danger of resigning before getting your application approved by UKBA is that if there is any problem with the application, and it is refused, you may have to leave the country and will not be able to return under T2 for 12 months.

Is there no work-around which can allow you to (i) not resign from old job until issued with new T2, and (ii) serve out a notice period (say 2 months)? I just posted a query on another thread, but basically, can the new CoS/T2 not allow for the new job to start 2 months from the anticipated date of issuance of the T2 (approx), and during this 2 month period, you could serve out your notice?

[sohoraf]

If anyone can provide some advice it will be much appreciated:
I am working with tier 2 (general) and my contract is coming to an end in April 30th. I have now a new job and my employer will provide a CoS now with start date of 1st May. Will it be possible that once I change my visa with new cos in March, i can still work till 30th april with my present employer? even if my BRP has changed?

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.

In any case, you are not allowed to start work for the new sponsor before 1 May

Dear Manci according to the question you answered does that means one can continue to work for the previous employer until the cos start date on new cos even if the BRP has changed?

[manci]

@sohoraf
your question has already been answered. See para 202 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

[gaurav7]

Hi,

Than you so much for the information on this forum. I have read all the comments in this post.
I am on a Tier-2 (General) visa issued in July 2013 and currently working for my sponsor. I am getting a good offer now from a big company who will be able to provide CoS for change of employer application.
Can anyone please help me with the following:

1. Will it be a "Restricted CoS" or "Unrestricted" one, as I am already working in UK?
2. Will it be a new visa (and visa fees) altogether or will be just a change of sponsor on my visa with same validity. That is, it will be issued for next 3 or 5 years (5 yrs visa started just this year) or it will be valid only till my last one was valid i.e. Aug 2016?
3. Do I need to apply for new visa for my dependents also?
4. Are there any chances of rejection? Should I wait for visa to be issued and then resign from my current job?
5. Does change of employer during my stay impact my application for ILR later, in any way?
6. How much time it generally takes to issue this new visa?

Thanks for your help in advance.

Regards

[onlooker]

1. "Unrestricted"
2. It be a new visa (and visa fees). It will be issued for next 3 or 5 years.
3. You need to apply for new visa for dependents also
4. You shoud wait before new visa is issued AND your notice period is over. New CoS start data should reflect that.
5. No.
6. Depends. Not sure.

[Nirmie]

Apologies for hi-jacking this thread, but it does align to my situation. If applying for a new T2 ICT visa while in the UK, does one not have to go to their home country for the cooling off period?

[juee.arun]

Hi All,

I have some questions (most of them probably answered) if anyone can help me with

I am working for a employer who sponsored Tier 2 General Visa in Jan 2013. I have now got offer letter from another competitor and wondering when I can resign.

A. Can I resign after the CoS?
B. Can I resign after the stamping of FLR (Further Leave to Remain application)?

Also my wife is working full-time with one of Insurance company as she has Tier 2 General Partner visa. Just wondering is there anything we need to do with her employer or continuing employ-ability?

Many thanks in advance.

Regards,

[onlooker]

You can resign after getting new CoS, but it's best to do it later - when after your new Tier 2 application is approved. Just make sure the CoS start date is far enough to allow for your notice period.

[Antonio24]

you can switch Tier 2 General employers as many times as you want provided you stay in the UK. Cooling-off only applies to entry clearance applications (from abroad)

But don't resign from your present job until you have a new CoS, have applied to extend your leave and your application has been approved by UKBA

One question about this advise: Why shouldn't I resign my present job until my new application approved by UKBA?
Can you explain what are the risks of doing it properly and give notice to the current employer once I got the new employer CoS and prior to applying for new Visa with e UKBA?

[manci]

you can switch Tier 2 General employers as many times as you want provided you stay in the UK. Cooling-off only applies to entry clearance applications (from abroad)

But don't resign from your present job until you have a new CoS, have applied to extend your leave and your application has been approved by UKBA

One question about this advise: Why shouldn't I resign my present job until my new application approved by UKBA?
because if your application is refused for whatever reason you will be jobless

Can you explain what are the risks of doing it properly and give notice to the current employer once I got the new employer CoS and prior to applying for new Visa with e UKBA?
the suggested way is to choose the work start date in the new CoS so as to allow for the notice period in the present job.

[yasraz]

Hi @manci

Thanks so much for all the detailed responses. I am a bit of an odd case and need your advice on how to proceed.

1. I am under a Tier 2 General visa currently and my new employer who has completed the labour market test will be applying for a new CoS for me on Monday August 11.

2. The start date on the new CoS is meant to be 1st of September.

3. I have a holiday planned from August 14th to August 30th outside of the UK and aiming to be back in the UK to start new job on Sep 1st.

4. My current employer has agreed to keep my visa until my new visa is issued.

My question is, do I need to apply for the new visa and biometrics form the UK and between Monday 11th (after my CoS is applied for and hopefully received) and September 1st? The fact that I am leaving the country for holidays during this period obviously limit my ability to leave my passport behind, do you have any resolutions for this?

Thank you so so much!

[manci]

@yasraz
Keep in mind that you cannot start the new job until you have a new visa irrespective of what the starting date in the new CoS is and you cannot apply unless you send in your passport. You can continue working for your present sponsor until 31 August but if you are terminated before then the sponsor is duty bound to inform UKVI.

[imm_applicant]

Hello guys,

I applied for Tier 2 (General) (Change of Employment) (3 years) Visa on 14th July, 2014. I submitted my biometric information on 21st July and haven't heard anything from UKBA yet. Is there anything that I can do to check the status of delivery of documents as it has been 3 weeks since my biometric submission and generally, a decision is taken within 2-3 weeks in these cases?
And, if I'm not available at my home at the time of delivery of BRP or other documents, then do they leave a note or anything related, to get back to them and collect my documents?

Also, I've already been in the UK for around a year now and I've applied this time for next 3 years visa as per the new Certificate of sponsorship assigned to me by the new employer. Would I get another 3 years visa this time which would be ending in the year 2017 or would it just be 2 years visa (3 yrs - 1 yr already lived in the UK) i.e. valid till the year 2016. It would be great if someone could shed some light on this.

Thank you

[navivenel]

Hi all,

I have a few questions that don't seem to have full answers here, despite me looking through the previous posts.
I am currently on a Tier 2 General visa, expiring in late 2015.

1) Can I quit my current employer/job and look for another job/sponsor? If yes, how much time will I have on my current Tier 2 to do so? (My understanding is 2 months, but I'm not sure whether that starts from the day I announce it or the last day of employment - I have a 1 month notice period I intend to use.)

2) If I leave the UK after the above, does the 12 month cooling off period mean that I can't even come as a tourist? (I'm a Canadian citizen, so no additional visa would be needed.)

3) Does the 22,000 or so CoS limit apply to applicants from within the UK (ie. such as myself if I were to seek another job.)?

Cheers,
Navi

[manci]

Hello guys,

I applied for Tier 2 (General) (Change of Employment) (3 years) Visa on 14th July, 2014. I submitted my biometric information on 21st July and haven't heard anything from UKBA yet. Is there anything that I can do to check the status of delivery of documents as it has been 3 weeks since my biometric submission and generally, a decision is taken within 2-3 weeks in these cases?
And, if I'm not available at my home at the time of delivery of BRP or other documents, then do they leave a note or anything related, to get back to them and collect my documents?

Also, I've already been in the UK for around a year now and I've applied this time for next 3 years visa as per the new Certificate of sponsorship assigned to me by the new employer. Would I get another 3 years visa this time which would be ending in the year 2017 or would it just be 2 years visa (3 yrs - 1 yr already lived in the UK) i.e. valid till the year 2016. It would be great if someone could shed some light on this.
if your initial T2G leave was granted under the rules after 5 Apr 2011 then your stay under T2 is limited to 6 years but you may be eligible to apply for ILR after 5 years if you meet the requirements
Thank you

[imm_applicant]

Thanks @manci
This means that this time it would be valid for next 3 years i.e. 2017, as I was first granted leave in the year 2013.
It would be great if you could also answer anything on my first question please.

Cheers,
Pratyush

Hello guys,

I applied for Tier 2 (General) (Change of Employment) (3 years) Visa on 14th July, 2014. I submitted my biometric information on 21st July and haven't heard anything from UKBA yet. Is there anything that I can do to check the status of delivery of documents as it has been 3 weeks since my biometric submission and generally, a decision is taken within 2-3 weeks in these cases?
And, if I'm not available at my home at the time of delivery of BRP or other documents, then do they leave a note or anything related, to get back to them and collect my documents?

Also, I've already been in the UK for around a year now and I've applied this time for next 3 years visa as per the new Certificate of sponsorship assigned to me by the new employer. Would I get another 3 years visa this time which would be ending in the year 2017 or would it just be 2 years visa (3 yrs - 1 yr already lived in the UK) i.e. valid till the year 2016. It would be great if someone could shed some light on this.
if your initial T2G leave was granted under the rules after 5 Apr 2011 then your stay under T2 is limited to 6 years but you may be eligible to apply for ILR after 5 years if you meet the requirements
Thank you