changing sponsor under tier2

[vikas437]

Hi,

Please help me out. If i want to change my exiting sponsor with the new sponsor and job is same, how many maximum days i have to make a new application?

[ukbagod]

Dear vikas437,

I refer to your questions posted Tue Apr 02, 2013 7:01 pm. As a reminder to all others under similar immigration conditions (change of employment), certain points as per UKBA rules and advice must be given attention to detail.

1) Do not resign (irrespective of notice period) from your present job until you have been approved for a new employer's Tier 2. As per immigration rule, once the subject (you) have resigned from your current employer, you stay will become invalid after 60 days (or the time of your Tier 2 expiry- whichever shorter). Hence, it is highly recommended for one NOT to resign until you have heard back from UKBA.

2) Should your new application to change employer approved, then your present work with your old employer is viewed illegal. Hence, you must leave your employer as immediately as possible and start with your new employer.

3) A notice period is indeed a legal but humanly-gentleman agreement between you and your employer. In future, once you should talk through your employer and explain to them that although you are keen to complete the notice period, the UKBA as per immigration rules will overlook such factor and that your employer will be subjected to £10 000 fines for employing illegal immigrant (you) who should be at that time be working with his/her latest employer.

4) Due to recent abolishment of UKBA's agency status, your application might take a longer, very much linger time that anticipated. Hence,after 60 days (or the time of your Tier 2 expiry- whichever shorter), you would not be entitled to work while waiting for a decision on your Tier 2 visa application. Your employer would be liable for a fine if they continue employing you after this period. Do not undermine UKBA's capacity to 'find you out' as they have full access to your history, national insurance and more.

5) You can make a Tier 2 application at anytime as long as

a) Your current leave is valid until the date of application

b) You have a valid passport

c) In worst case scenario, you present employer has had thier license revoked, you will be given a 60 days notice from UKBA known as 'grace period' so you can apply to switch to a licensed employer

d) You have a valid Certificate of Sponsorship (CoS) which has an expiry date which exactly three (3) months after it was first issued to a migrant.


I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.

Many thanks

UKBA God :)

[vikas437]

Hi,

Can I make an application for new CoS before cancelling the older one CoS.
Are these 60 days are counted from the date of applying for CoS.

Also you mentioned about recent abolishment of UKBA's agency status,where can i find more information about this. Because this is applicable to me also.

Thanks in advance,,,

[ukbagod]

Dear vikas437,

I refer to your questions posted Wed Apr 03, 2013 5:49 pm. As a reminder to all others under similar immigration conditions (change of employment CoS), certain points as per UKBA rules and advice must be given attention to detail.

1) I remind: Do not resign (irrespective of notice period) from your present job until you have been approved for a new employer's Tier 2.

2) Any migrant can make an application for new CoS before cancelling the older one CoS. Once your Tier 2 application has been approved by UKBA, then your previous leave will be curtailed and your previous CoS will be cancelled and your BRP will be destroyed under Data Protection Act 1998. You will be given a new BRP with a new end date (usually 3 years from the date of which you attended your enrollment, a duration which most employer usually assign in their CoS)

3) The 60 days will not be applicable in your case as you are in a valid T2 visa and then you made application before the current visa expiry date. 60 days grade period usually apply if you company has made you redundant or their license has been revoked.

4) You can read news about the recent abolishment of UKBA's agency status on UKBA website under the News section. Also, beware of changes to T2 after April 6th.


5) As a reminder: You can make a Tier 2 application at anytime as long as

a) Your current leave is valid until the date of application

b) You have a valid passport

c) In worst case scenario, you present employer has had their license revoked, you will be given a 60 days notice from UKBA known as 'grace period' so you can apply to switch to a licensed employer

d) You have a valid Certificate of Sponsorship (CoS) which has an expiry date which exactly three (3) months after it was first issued to a migrant.


I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.

Many thanks

UKBA God :)[/b]

[Mas2012]

Hi there
@ukbagod:
I have applied for a Tier 2 (through priority service) in early April and was approved on 19th of April and I received my passport and the approval letter early last week; however, I have not still received my BRP. My new job begins on 7th of May 2013, as stated in my contract. I was wondering what would be my status, can I start my job on the 7th while I am waiting for my BRP? Thanks very much for the valuable information you have provided.

Best regards
Mas

[karthiktr]

Dear vikas437,

I refer to your questions posted Tue Apr 02, 2013 7:01 pm. As a reminder to all others under similar immigration conditions (change of employment), certain points as per UKBA rules and advice must be given attention to detail.

1) Do not resign (irrespective of notice period) from your present job until you have been approved for a new employer's Tier 2. As per immigration rule, once the subject (you) have resigned from your current employer, you stay will become invalid after 60 days (or the time of your Tier 2 expiry- whichever shorter). Hence, it is highly recommended for one NOT to resign until you have heard back from UKBA.

2) Should your new application to change employer approved, then your present work with your old employer is viewed illegal. Hence, you must leave your employer as immediately as possible and start with your new employer.

3) A notice period is indeed a legal but humanly-gentleman agreement between you and your employer. In future, once you should talk through your employer and explain to them that although you are keen to complete the notice period, the UKBA as per immigration rules will overlook such factor and that your employer will be subjected to £10 000 fines for employing illegal immigrant (you) who should be at that time be working with his/her latest employer.

4) Due to recent abolishment of UKBA's agency status, your application might take a longer, very much linger time that anticipated. Hence,after 60 days (or the time of your Tier 2 expiry- whichever shorter), you would not be entitled to work while waiting for a decision on your Tier 2 visa application. Your employer would be liable for a fine if they continue employing you after this period. Do not undermine UKBA's capacity to 'find you out' as they have full access to your history, national insurance and more.

5) You can make a Tier 2 application at anytime as long as

a) Your current leave is valid until the date of application

b) You have a valid passport

c) In worst case scenario, you present employer has had thier license revoked, you will be given a 60 days notice from UKBA known as 'grace period' so you can apply to switch to a licensed employer

d) You have a valid Certificate of Sponsorship (CoS) which has an expiry date which exactly three (3) months after it was first issued to a migrant.


I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.

Many thanks

UKBA God

Hi ..i got your point and i got one quick question.
If am changing job or sponsor under tier 2 to new sponsor. will new sponsor has to do RLMT FOR THE JOB POSITION WHICH THEY OFFERED ME ??

[lawabidingimmigrant]

Yes if the job offered is not on the shortage occupation list.

[lawabidingimmigrant]

@ukbagod -

Disagree to certain extent on point 3)


Employees can't just switch jobs without serving notice period with ex-employer.

There is something called as RESIGNATION and serving NOTICE PERIOD as employee may be contractually bound by employment terms and conditions.

You can't just leave a job on the fly by switching sponsors via change of employment without giving enough notice to ex-employer.

Detailed query here:

http://www.immigrationboards.com/viewtopic.php?t=133602

[Poon]

Dear vikas437,

Do I HAVE EXTRA 28 DAYS AFTER 60 DAYS IF MY ADVER FOR NEW EMPLOYMENT IS NOT FINISHED,THANKS

I refer to your questions posted Tue Apr 02, 2013 7:01 pm. As a reminder to all others under similar immigration conditions (change of employment), certain points as per UKBA rules and advice must be given attention to detail.

1) Do not resign (irrespective of notice period) from your present job until you have been approved for a new employer's Tier 2. As per immigration rule, once the subject (you) have resigned from your current employer, you stay will become invalid after 60 days (or the time of your Tier 2 expiry- whichever shorter). Hence, it is highly recommended for one NOT to resign until you have heard back from UKBA.

2) Should your new application to change employer approved, then your present work with your old employer is viewed illegal. Hence, you must leave your employer as immediately as possible and start with your new employer.

3) A notice period is indeed a legal but humanly-gentleman agreement between you and your employer. In future, once you should talk through your employer and explain to them that although you are keen to complete the notice period, the UKBA as per immigration rules will overlook such factor and that your employer will be subjected to £10 000 fines for employing illegal immigrant (you) who should be at that time be working with his/her latest employer.

4) Due to recent abolishment of UKBA's agency status, your application might take a longer, very much linger time that anticipated. Hence,after 60 days (or the time of your Tier 2 expiry- whichever shorter), you would not be entitled to work while waiting for a decision on your Tier 2 visa application. Your employer would be liable for a fine if they continue employing you after this period. Do not undermine UKBA's capacity to 'find you out' as they have full access to your history, national insurance and more.

5) You can make a Tier 2 application at anytime as long as

a) Your current leave is valid until the date of application

b) You have a valid passport

c) In worst case scenario, you present employer has had thier license revoked, you will be given a 60 days notice from UKBA known as 'grace period' so you can apply to switch to a licensed employer

d) You have a valid Certificate of Sponsorship (CoS) which has an expiry date which exactly three (3) months after it was first issued to a migrant.


I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.

Many thanks

UKBA God [/quote]

[Poon]

Do I HAVE EXTRA 28 DAYS AFTER 60 DAYS IF MY ADVER FOR NEW EMPLOYMENT IS NOT FINISHED,THANKS

[manci]

if your visa is curtailed you will be an overstayer beyond the curtailment date if you stay in the UK. You are not allowed to work but you can apply in-country for a new T2G leave within 28 days of the curtailment date, provided you are otherwise eligible, because overstaying up to 28 days is disregarded. However, if your application is refused you will not be given the right to appeal.

[juee.arun]

Hi,

I have a quick question.

I am on Tier 2 General Visa with visa issued in January 2013 in India, sponsored by one of the Big4 accounting firm.

Recently, I am in the process of getting offer from another competition. I have 3 months notice to serve.

If I get the offer, can any expert confirm what will be the flow of events.

I am guessing the following

I get the offer -> I get the CoS from new employer (how long a CoS is valid for?) -> I resign -> New employer starts preparing for the stamping -> New visa issue (Will the old visa be still active now?) -> After resign the current employer cancel the existing visa -> Notice period end -> I join new role.

Also can anyone answer the following queries

1. The notice period being 3 months, will there any period I will be without a visa? Is that legally possible?
2. My wife has a Tier 2 dependent visa and she is working in Insurance. Is there be any problem for her to continue the role? (The new employer agreed to sponsor the dependent visa too)

Thanks in advance.

[lokster01]

Maybe a very silly question, but what is the relevant date when you must stop working for old employer if the new employer accepts a delayed start date while progressing your CoS and Tier 2 applications in a timely manner?

(a) The date you are issued the new Tier 2, or
(b) if the new job starts 2 months after the date of applying in person for the new Tier 2, such later date.

If option (b) above is correct, then theoretically an employee could apply for the new Tier 2 without resigning from the old job and still be able to work out the notice period.

Any advice?

[manci]

the date you must stop working for the old employer is the work start date stated in the new CoS.

This allows for a reasonable notice period in the old job.

[mahi.14]

Dear Experts,

I have question related to changing sponsor under tier 2.

I am on Tier 2 General VISA. I am on this VISA since last almost 3 years. on next 30 July 2014 it will expire. So i have to renew it. Mean while i found another job with different employer. So i want to transfer my visa with new company.

New company has already generated COS for me. They did UK labor market test as well.

1. So any one can please help me to understand what is next steps?
2. Do i need to extend my visa with existing employer then switch to new employer.
3. Do i need to update my existing employer for new job?
4. If i apply VISA with new employer now, will i get VISA for next 3 months as VISA is expires on 30 July or 3 Years?

Please advice me.
Thank you.

[manci]

since you have a CoS you can apply for leave to remain. The form is:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

don't give notice in your current job until your application is granted.

You will get leave for the period of engagement stated in the CoS but if your initial leave was under the rules before 6 April 2011 then a 6 year limit applies to your stay under T2G

[mahi.14]

Thank you very much Manci for this information.

[Londontier2]

I need to make a change of employment application to extend my existing Tier 2 General leave. Although my existing leave expires on 12 April 2015, I need to make this change of employment application as I am starting a new job with a different employer.
My wife and children have also been given leave as Tier 2 Dependants until 12 April 2015. Can you please let me know whether my dependants need to apply to extend their leave while I make the change of employment application?
In case my dependants do not apply to extend their leave now, can they continue living with me on their existing leave before we apply for Indefinite leave to remain ?

[ram_mark20]

hi all,
I also have the same question under Tier 2 ICT long term. My visa is from Nov 2013 till Dec 2015. But current employer is making me redundant in next couple of months. Can i find a new sponsor (new employer) ?
I called up UKBA and they said its possible....you can move to a new employer if the provides a new CoS. The validity of that visa will again be till Dec 2015 or any date that is valid as per law.

Pls can somebody suggest as I am in very tight sittuation with my family in UK now!!!!!

[kinn]

Is this true ?

''2) Should your new application to change employer approved, then your present work with your old employer is viewed illegal. Hence, you must leave your employer as immediately as possible and start with your new employer.

3) A notice period is indeed a legal but humanly-gentleman agreement between you and your employer. In future, once you should talk through your employer and explain to them that although you are keen to complete the notice period, the UKBA as per immigration rules will overlook such factor and that your employer will be subjected to £10 000 fines for employing illegal immigrant (you) who should be at that time be working with his/her latest employer. ''

My understanding is that, even after the current employer revokes the COS, you get 30days to leave the country or find new sponsor. I work for a Tier1 bank and one of my Senior on Tier2 General (Issued before April 2011) has moved to another Tier1 Bank.

1. Got the Job offer & accepted
2. Got the Cos issued by new employer
3. Resigned from the current sponsor
4. Served notice period of 1 month
5. Between step 3 &4 got the new visa stamped.

So I'm confused with above statement by UKBAGOD. Can someone clarify what is actually permitted ?

[manci]

hi all,
I also have the same question under Tier 2 ICT long term. My visa is from Nov 2013 till Dec 2015. But current employer is making me redundant in next couple of months. Can i find a new sponsor (new employer) ?
I called up UKBA and they said its possible....you can move to a new employer if the provides a new CoS. The validity of that visa will again be till Dec 2015 or any date that is valid as per law.

Pls can somebody suggest as I am in very tight sittuation with my family in UK now!!!!!

duplicate post

[grvpanchal]

Hi,

I am in a bit difficult situation @ the moment.

I applied for visa before receiving offer letter from my new employer. and my new visa has got start date in next 15 days.

However, I am in my current employment for another 2 months with old contract and old visa ( which is no more valid)

I am in dilemma - if I continue with my current employment -
a. I have to continue working atleast a month without a valid visa ( as I got new visa with new sponsorer - who has not offered me a job).
b. I need to leave job without giving a notice in next 15 days.

Please advice.

[manci]

without knowing details of your immigration status the forum cannot help

[dig1980]

Hello manci,

I have resigned from the present job. Iam in tier 2 General with dependants.

The employer may intimate the UKBA/UKVI (still not got the date) but officially ended the sponsorship. (does it mean they intimated UKBA)

So how many days I can stay here. is it 60 days ; assuming June 15th 2014 i resigned and my employer intimated the UKBA on June 15th 2014. How the days will be counted? will it be from June 15 2014 plus 60 days or June 25 2014 plus 60 days ? Will they send a letter mentioning this to my home?

the visa is valid until Decemebr 2015.

In case if i get another job with CoS and apply within 60 days will it be ok.

Thank you for the help.

Dig1980

[mabdelkhalek]

Hi All,
I have been on Tier 4, then switched from Tier 4 to Tier 2 ( with no annual limit and no need for the employer to advertise the job first (ie no need for a Resident Labour Market Test).
Now I want to change sponsorship to a new employer, do they still need to do a RLMT?