End of Employment and New Position Application

[carolinatri]

Hi,

I have a Tier 2 General visa and my employment is ending on 7 January 2015 because the project I was working on has ended. The company is planning to create a new position (in a different department to the one I've been working in) in January-February 2015, and they would like me to take it because of my experience and knowledge of the company (I've been with them for nearly 3 years).

My question is how can this work out visa wise? Will they have to do a labor market test and issue a new CoS? In terms of timing, when will they have to notify the end of my contract to the UKVI and start the process for the new visa? Does it look feasible to get the new visa before my current visa is curtailed?

The HR people in my company are new so I'm worried I could end up in trouble with the UKVI if this is not done properly.

Thank you so much for your help!

[Frontier Mole]

If your new position is doing the same role but in a different department then your company should just extend your current visa.
If the above applies there is no RLMT etc.
Just make sure your salary meets the current SOC requirements.

[carolinatri]

Many thanks for the reply.

It will not be the same job, it will be a totally new role they are creating - so will they necessarily have to to a RLMT?

Also, I'm worried there will be a gap between the 7 January and the start date for the new job, so in terms of timing, when will they have to notify the end of my current contract to the UKVI and start the process for the new visa? Does it look feasible to get the new visa before my current visa is curtailed?

Thank you very much for your help, it's much appreciated!

[manci]

Many thanks for the reply.

It will not be the same job, it will be a totally new role they are creating - so will they necessarily have to do a RLMT?
yes if the SOC code for the new role is different from your present job SOC code (unless an exemption applies such as shortage occupation or high salary)
Also, I'm worried there will be a gap between the 7 January and the start date for the new job, so in terms of timing, when will they have to notify the end of my current contract to the UKVI and start the process for the new visa? Does it look feasible to get the new visa before my current visa is curtailed?
when does your current leave expire?

Thank you very much for your help, it's much appreciated!

[carolinatri]

Thanks Manci!

I think the SOC code will be the same but the job title a little different (is a new role they are creating).

My Tier 2 visa currently expires in Sep-2016 but my contract ends 7 January 2015 (so the company will be reporting the end of contract to UKVI in early January).

If they want to re-hire me for the new role to start in February 2015, will we have to do the whole Tier 2 process? Or can they just inform UKVI they will re-hire me?

Thank you so much!

[manci]

Thanks Manci!

I think the SOC code will be the same but the job title a little different (is a new role they are creating).
if there is a break in your employment you'll have to make a change of employment application which will involve doing an RLMT before a CoS can be assigned (unless an exemption applies). If the SOC code remains the same it would be preferable to avoid a break because then RLMT would not be required.

My Tier 2 visa currently expires in Sep-2016 but my contract ends 7 January 2015 (so the company will be reporting the end of contract to UKVI in early January).
is your sponsor an umbrella company?

If they want to re-hire me for the new role to start in February 2015, will we have to do the whole Tier 2 process?
yes - RLMT, CoS, application for leave to remain

Or can they just inform UKVI they will re-hire me?
no

Thank you so much!

[carolinatri]

Thank you so much Manci And Happy Christmas!

No, my company is not an umbrella company.

My final question is how long does the sponsor (my company) have to report the end of my employment to UKVI? Is there a maximum period (unofficial websites mention 10 days but I can't find anything in the gov.uk page)? My contract will end 7 January, could they don't report it until end of February when hopefully it would be starting the new job?

Thank you!!

[manci]

Thank you so much Manci And Happy Christmas!
Happy New Year

No, my company is not an umbrella company.

My final question is how long does the sponsor (my company) have to report the end of my employment to UKVI? Is there a maximum period (unofficial websites mention 10 days but I can't find anything in the gov.uk page)? My contract will end 7 January, could they don't report it until end of February when hopefully it would be starting the new job?
The T2 sponsor guidance is on the gov.uk website. The sponsor has to report the end of the employment within 10 working day, see para 15.7(b):
https://www.gov.uk/government/uploads/s ... _11-14.pdf
Following receipt of the notification the HO will curtail your visa to 60 days counted from the date they make the curtailment decision, not from the date of termination


Thank you!!