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Changing Employers

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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samiraz
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Posts: 19
Joined: Fri Dec 06, 2013 9:52 am

Changing Employers

Post by samiraz » Wed Dec 18, 2013 9:44 am

Hi,

I am currently on Tier 2 General visa which expires in 2016. I am now changing Job and my new employer has issued me with a CoS expiring in March 2014.

My contract is effective from 1st February, However my current contract with my current employer is till 5 March. I can exit the contract given one month Notice.

My questions are as follows:

- Can I apply for a new tier 2 in January ?

- After I have been issued the new visa for new employer, Can I still work for my current employer? If so then how many days ? Is it 28 days ?

- Since my Contract is effective from 1st Feb, Will i be allowed to apply for a new visa in Jan or will I have to wait till Feb ?

- Do I have to show maintenance funds ?

- How Long it usually takes for the visa to come ?

Thank you very much for your Help. I am really struggling with these questions.

AustinCann
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Posts: 18
Joined: Thu Jan 27, 2011 9:17 am

Post by AustinCann » Sun Dec 22, 2013 7:50 pm

Have you started the new job?

I just need the answers to all the questions you posted here.

Can you advise please

Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Changing Employers

Post by manci » Mon Dec 23, 2013 9:17 am

samiraz wrote:Hi,

I am currently on Tier 2 General visa which expires in 2016. I am now changing Job and my new employer has issued me with a CoS expiring in March 2014.

My contract is effective from 1st February, However my current contract with my current employer is till 5 March. I can exit the contract given one month Notice.

My questions are as follows:

- Can I apply for a new tier 2 in January ?
you can apply any time within the validity of the CoS

- After I have been issued the new visa for new employer, Can I still work for my current employer? If so then how many days ? Is it 28 days ?
Assuming that the work start date in the CoS is 1 February 2014 you can work in your present job until 31 January 2014

- Since my Contract is effective from 1st Feb, Will i be allowed to apply for a new visa in Jan or will I have to wait till Feb ?
see above

- Do I have to show maintenance funds ? no

- How Long it usually takes for the visa to come ?
depends how you apply (post, priority, PEO) but lately even postal applications have been decided quite quickly - see other posts on the forum

Thank you very much for your Help. I am really struggling with these questions.

nitin671
Newly Registered
Posts: 14
Joined: Wed Oct 06, 2010 11:31 am

Re: Changing Employers

Post by nitin671 » Mon Feb 10, 2014 1:54 pm

Hi Manci,

Thanks for the detailed description. I think I have a peculiar case too..

I am currently under Tier 2 visa expiring in Dec 2015. I have now interviewed for an opportunity and they are likely to provide me the job provided I have no more than 2 months notice period.

I have two questions now

1) If I accept the new job, the new employer should start going through the RLMT right away. Given the new employer would want me to join 2 months from now, will 2 months be sufficient for them to complete the RLMT, get the COS and then I get my visa with the new CoS?

2) While all this is happeneing, I would have to give my current employer my resignation (or else I will not be able to join the new employer after 2 months). This means I would be running a risk, as I would be resigning from my current job and hoping all goes well with RLMT, CoS and my visa application. Is there a way to mitigate this risk? If it helps, the new employer is a reputed bank who I pressume know everything about sponsorships.


Many thanks

nitin671
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Posts: 14
Joined: Wed Oct 06, 2010 11:31 am

Re: Changing Employers

Post by nitin671 » Mon Feb 10, 2014 1:56 pm

To followup the above questions..

My current employer did not have to go through RLMT process previously as I was under Tier 1 (post study work) visa. Does the new employer need to go through RLMT now?

thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Changing Employers

Post by manci » Mon Feb 10, 2014 2:15 pm

@nitin671
1. may be but it depends on a number of things that cannot be quantified at this stage

2 look at your employment contract to see what would be the consequences if you gave less than 2 months notice and whether these might be acceptable under the circumstances.

nitin671
Newly Registered
Posts: 14
Joined: Wed Oct 06, 2010 11:31 am

Re: Changing Employers

Post by nitin671 » Mon Feb 10, 2014 2:23 pm

thanks manci .. so I take it as a yes for the follow up question on the new employer definitely needing to go through RLMT ..

Just trying to answer my own question 1 - RLMT takes around 28 calendar days and the premium visa application would take around 10 days.. i am hoping all this could possibly be done under 2 months..

On question 2 - I understand. So its definitely a huge risk to put down my papers and wait for the new employer to get the CoS sorted..

but thanks for the swift reply ..

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Changing Employers

Post by manci » Mon Feb 10, 2014 2:43 pm

there are some exemptions from the RLMT, such as if the job is a shortage occupation or if you are a high earner.

It is best to wait with the resignation until your application to work for the new sponsor has been approved by the HO

aryan87
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Posts: 6
Joined: Sun Sep 14, 2014 9:39 pm

Re: Changing Employers

Post by aryan87 » Fri Sep 19, 2014 5:58 pm

I am thinking to change my Tier 2 employer soon . I have 3 queries regarding that, Can someone with some experience please help me, its URGENT (especially point 2 and 3)-
1.) once I resign, Do i first have 28 days from the last day of my employment to look for new sponsor and if i dont convert or leave the country then UKVI will give me further 60 days to do so?
2.) once I am given 60 days, Can I still look for new sponsor i.e Tier 2 employer in this 60 days period?
3.) Also my wife is on a Tier 2 dependent visa, She has already started a full time course in Uni, Can she convert to Tier 4 visa and then I can convert to Tier 4 dependent visa. Can we do this while we are in UK or we have to go back to our home country to convert to Tier 4. We have already paid the uni fees.

Any help is much appreciated!

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