Switching to different Tier 2 Employer

[sk10aaaa]

Hello all

I'm currently on Tier 2 visa. I have a new job offer in hand and I would like to understand the process of Switching from Tier 2 Employer to another. I went thru the UKBA Tier 2 Sponsorship Guide (https://www.gov.uk/government/uploads/s ... _04-14.pdf).

In the section 23.26 it says "A migrant can only have one CoS assigned to them at any given time. If you have assigned a CoS to a migrant who intended to start working for you, but then decided to take up a job offer with a different sponsor, they must contact you to arrange the withdrawal of their CoS. This is because the sponsor who they want to start work for will not be able to assign a CoS to them until you have withdrawn the one you assigned. They must request this in writing or by email giving you 5 working days to action this. If you do not action their request they must send a reminder, after which you will have a further 5 working days."

Do I've to write my current employer to relieve me from duty before the other employer can apply for the new COS? Assume that my current employer relieved me from duty what will be my visa status? I'm so confused here. Any help here is really appreciated.

Thanks,

[iworker]

follow the below

accept the offer> tell new employer of a start date (considering ur notice period and should be within 3 months)> employer generates the cos> u apply for new visa> new visa received> resign from current job> join new company.

If u resign before getting new visa, and your visa for new job gets rejected (due to any reason, like RLMT, SOC code etc), u will be no mans land.

[sk10aaaa]

Thanks for your reply.

Just curious to know, Will there be any issue if we don't follow the UKBA rules? As per statement, the new employer won't be able to apply for a COS until the current one is withdrawn. sorry to ask too many questions..

[iworker]

This rule is often misunderstood.
What it really means is, say your current leave is till end of dec. ur new prospective emloyer assigns u a visa from sept onwards.
U apply for a new leave, gets the visa which is valid from sept. U will then have to resign from your visa so ur current employer cancels ur visa before sept. Hence u will not have 2 active cos at the same time.

[manci]

after your leave has been granted the status of the CoS changed to "used" and once you started in the job another sponsor is free to assign a new CoS to you.

Follow the sequence given by iworker (2 June @2.09 pm)

[sk10aaaa]

thanks for the explanation. Will do as advised.

[Migrantworker]

Hi
Is there any relationship between me completing notice period with my existing sponsor and my new Tier -2 Visa sponsored by my new employer.

What happens if I resign and do not complete my notice period and then join the new employer who is willing to sponsor me.
I don't mind taking an unpaid 1 month gap in employment.

Thanks in advance for your replies.

[manci]

@Migrantworker
Your notice period is an employment matter (look in your employment contract), it is not to do with immigration. You cannot start in the new job before the work start date given in the CoS and you are only allowed to work in your present employment until this date.

[Migrantworker]

This is a paragraph from sponsorship guidance on RMLT for Tier -2 General visa
"
A suitable settled worker means any settled worker who has the skills and experience you
are seeking. If you find that you have more than one candidate with all the necessary skills and
experience you advertised for, where one is a settled worker and the other is a migrant, you must
appoint the settled worker even if the migrant is more skilled or experienced.


The only exception
is if the job falls within one of the PhD SOC codes listed below, when you can appoint a migrant if
they are the most suitable candidate."

Does this mean that in Resident Labour Market Test employers have to appoint a resident labour even if he/she is far less qualified or skilful then migrant worker?

Can any one elaborate please . I am desperately in search of Tier -2 switch to another employer but want to understand the real situation concerning RMLT which hampers my possibilities of switching Tier -2 general to another employer.

I have current leave granted upto 2016 but the company that employs me is crap just don't want to tied down to this employer.

[Migrantworker]

This is a paragraph from sponsorship guidance on RMLT for Tier -2 General visa
"
A suitable settled worker means any settled worker who has the skills and experience you
are seeking. If you find that you have more than one candidate with all the necessary skills and
experience you advertised for, where one is a settled worker and the other is a migrant, you must
appoint the settled worker even if the migrant is more skilled or experienced.


The only exception
is if the job falls within one of the PhD SOC codes listed below, when you can appoint a migrant if
they are the most suitable candidate."

Does this mean that in Resident Labour Market Test employers have to appoint a resident labour even if he/she is far less qualified or skilful then migrant worker?

Can any one elaborate please . I am desperately in search of Tier -2 switch to another employer but want to understand the real situation concerning RMLT which hampers my possibilities of switching Tier -2 general to another employer.

I have current leave granted upto 2016 but the company that employs me is crap just don't want to tied down to this employer.

[manci]

Does this mean that in Resident Labour Market Test employers have to appoint a resident labour even if he/she is far less qualified or skilful then migrant worker?
the rule you quoted is quite clear - the migrant worker cannot be appointed if a settled worker meets the skill and experience requirements as advertised

[Migrantworker]

@Manci

Thanks for your prompt reply. So under this circumstances even if there one settled worker here with lesser skills or experience than the migrant worker the company cannot successfully complete the resident market labour test right?

This significantly reduces the chances for employers to even consider applications from migrant worker irrespective of their skills, qualification of migrant workers.

This makes the possibilities of employing a migrant worker close to zero or minimum. Am I correct in reading these chances?

[manci]

the result of an RLMT depends on the labour market for the particular job but there are thousands of skilled migrant workers who have been sponsored after the employer carried out an RLMT