Tier 2 General sponsor change + extension + redundancy

[nezinho]

Dear All, I think a similar question is asked in the following post below but I didn't see a substantial reply, BUT my situation is a bit different, so please read and comment if you can:

http://www.immigrationboards.com/uk-tie ... cy#p979450

I am currently sponsored under Tier 2 General with three months left on my current BRP. However I was told this week that my job is now "at risk" of redundancy. I will receive final confirmation of if I am to be made redundant in about 30 days from today. If it is decided that I am to be made redundant then I would have a 30 day notice period.

At this point in time I am talking to other employers who can possibly sponsor me under Tier 2 General for the exact same job that I do today under the same SOC Code.

My questions are:

1. During a change of employment application under Tier 2 general, will the new BRP from my new sponsor have the same expiry date as the old BRP from my old sponsor or will it be automatically "extended"?

2. If the answer to question (1) is "it will have the same expiry date as the old BRP", then my question is: if another company was willing to employ and sponsor me, would they need to apply at the same time for (a) a change of employer from my old company Tier 2 General BRP and (b) a Tier 2 General extension at the same time? Or will application (a) need to be complete and returned before submitting application (b)?

3. Is it perfectly legal for me to request to my current sponsor to extend my Tier 2 General permit now (using the Priority Service application), as currently my job still exists for 30 days and if I then serve my notice period will still exist for an additional 30 days? Would it make things easier for any potentially new employers/sponsors?

4. If I did lose my job, and my BRP expired, I believe I would have 60 days left from the day I am no longer employed before I would have to leave the country. If an employer offered me a job and provided a Certificate of Sponsorship before the end of the 60 days, could I still make a valid Tier 2 General transfer and/or extension application?

Any responses to this would be greatly appreciated.

Kind Regards,

Nezinho.

[nezinho]

Dear All, I think a similar question is asked in the following post below but I didn't see a substantial reply, BUT my situation is a bit different, so please read and comment if you can:

uk-tier-2-employer-sponsored-visas/tier-2-new-application-after-redundant-t153178.html?hilit=redundancy#p979450

I am currently sponsored under Tier 2 General with three months left on my current BRP. However I was told this week that my job is now "at risk" of redundancy. I will receive final confirmation of if I am to be made redundant in about 30 days from today. If it is decided that I am to be made redundant then I would have a 30 day notice period.

At this point in time I am talking to other employers who can possibly sponsor me under Tier 2 General for the exact same job that I do today under the same SOC Code.

My questions are:

1. During a change of employment application under Tier 2 general, will the new BRP from my new sponsor have the same expiry date as the old BRP from my old sponsor or will it be automatically "extended"?

2. If the answer to question (1) is "it will have the same expiry date as the old BRP", then my question is: if another company was willing to employ and sponsor me, would they need to apply at the same time for (a) a change of employer from my old company Tier 2 General BRP and (b) a Tier 2 General extension at the same time? Or will application (a) need to be complete and returned before submitting application (b)?

3. Is it perfectly legal for me to request to my current sponsor to extend my Tier 2 General permit now (using the Priority Service application), as currently my job still exists for 30 days and if I then serve my notice period will still exist for an additional 30 days? Would it make things easier for any potentially new employers/sponsors?

4. If I did lose my job, and my BRP expired, I believe I would have 60 days left from the day I am no longer employed before I would have to leave the country. If an employer offered me a job and provided a Certificate of Sponsorship before the end of the 60 days, could I still make a valid Tier 2 General transfer and/or extension application?

Any responses to this would be greatly appreciated.

Kind Regards,

Nezinho.

I know this question is quite unusual but any comments would be greatly appreciated. Anyone who's had experience with a Tier 2 General change of employer, or a Tier 2 extension. Gurus??

[blimpyboy2]

I am not an immigration expert, so this should not be treated as advice. It only represents my own understanding. I recommend seeking expert advice from a qualified immigration solicitor.

My questions are:

1. During a change of employment application under Tier 2 general, will the new BRP from my new sponsor have the same expiry date as the old BRP from my old sponsor or will it be automatically "extended"?

You will need to apply for a further grant of leave with a Tier 2 General application using a new CoS provided from your new employer. This needs to be done before your current leave expires. You may be able to apply up to 28 days after your current leave expires, but you should seek expert advice from a good immigration solicitor if you do this. If your further grant of leave is approved, the expiry of the new grant (BRP) will be calculated on the basis of (i) the period of employment specified in the new CoS, (ii) whether your new Tier 2 application asks for leave up to, or more than 3 years, and (iii) depending on when you first obtained Tier 2 leave, you may be subject to the 6 year cap. Usually (i) and (ii) are the same (e.g. if your new CoS specifies an end date and start date for your new employment of 3 years, then your application will ask for up to 3 years, and disregarding the effect the 6-year rule may have, your new BRP will then expire in +3 years).

2. If the answer to question (1) is "it will have the same expiry date as the old BRP", then my question is: if another company was willing to employ and sponsor me, would they need to apply at the same time for (a) a change of employer from my old company Tier 2 General BRP and (b) a Tier 2 General extension at the same time? Or will application (a) need to be complete and returned before submitting application (b)?

No, the new Tier 2 application, if successful, will extend your leave to remain and also permit you to work for the new employer. I.e. one application does both.

3. Is it perfectly legal for me to request to my current sponsor to extend my Tier 2 General permit now (using the Priority Service application), as currently my job still exists for 30 days and if I then serve my notice period will still exist for an additional 30 days? Would it make things easier for any potentially new employers/sponsors?

As part of the application to extend your leave to remain with your current employer, your application will need to include a letter from your employer confirming that they intend to continue employing you on a full-time basis in your current role. Both they and yourself may have an obligation to disclose the fact that your current job is at risk of redundancy. This is because in your application, you represent that the information you are providing is both accurate and complete, and the courts have previously rules that 'complete' means providing any information that is material to UKBI's decision. This is an area where you should seek the advice of an immigration solicitor.

4. If I did lose my job, and my BRP expired, I believe I would have 60 days left from the day I am no longer employed before I would have to leave the country. If an employer offered me a job and provided a Certificate of Sponsorship before the end of the 60 days, could I still make a valid Tier 2 General transfer and/or extension application?

If you do not apply for further leave, you should leave the country before your leave expires. I.e. you do not have an extra 60 days. In the case your employment is terminated prior to expiry of your current leave, the UKBI may decided to curtail your leave. Generally this does not happen straight away, but once they decide, they will curtail it to 60 days, unless you have less than 60 days left in your current leave, in which case there will be no change. When your visa is curtailed, it means your visa has a new (shorter) expiry date and so you will still be able to lawfully live in the UK until the curtailed date.


You should make every effort to obtain new employment as soon as possible. Your new employer will need a sponsor's license and to provide you with a CoS. As long as you apply for the further grant of leave in Tier 2 with your new employer's CoS before your current leave expires, and your new application is approved, your stay in the UK will still be lawful.

If your current employment terminates, you should not leave the country and re-enter until your new application is approved and new BRP is received.