Job Change - T2 General visa - Urgent Query

[supukura]

Hi,

I needed your urgent advice. My situation is as below:

I came to the UK in 28th May 2011 as dependent of my husband who was working in the UK on Tier 2 ICT, Established staff visa since May 2010. I found a job in the UK as I was eligible to work being dependent of T2-ICT visa holder.

In January 2013 my employer decided to sponsor me after conducting relevant resident market labour test and issued me a T2 General Visa. I got my new visa in February 2013. My husband switched his visa category from T2-ICT to T2General in May 2013.

I have been offered a job by another company this month and I am keen to accept the offer. Below are my queries related to change of sponsor and any impact on my ILR.

1. I would like to understand the process to change a sponsor.
2. I would like to understand the right time to resign from my current company. I have one month notice period with my current company.I am concerned about resigning from my current company before my new visa arrives but I am not sure if I will be able to serve the notice period with new visa in hand.
3. What happens when a sponsor curtails the sponsorship after the visa is issued?
4. Will changing sponsor have any impact on my ILR?
5. Will this be treated as an extension of T2 General visa with new sponsor or will this be a new T2 General visa? What will be the category I will be applying for? What will be the documents that needs to be submitted. Also can you confirm if I will be applying for the visa in country?
6. My husband is currently working as a T2 General dependent? Will the sponsor change impact his working eligibility in any way?
7. I have been living and working in the UK since May 2011 and my husband is working in the UK since May 2010.Is there any scope to file our ILR before 2018?

[manci]

1, 2
new sponsor assigns CoS and you apply for visa using the same day premium service. The work start date in the new CoS should be sufficiently far ahead to enable you to give notice. Only resign once you obtained the new visa. You can continue working for your current sponsor until the work start date in the new CoS
4
your 5 year qualifying period for ILR will end in Feb 18, switching jobs under T2G will not affect it.
5
you will be making an in-country change of employment application - RLMT needed (unless an exemption applies) and the job has to be NQF level 6 or above with appropriate salary
6
your husband's PBS dependant visa remains valid until its expiry date.

[supukura]

Hi Manci,

Thanks for replying.

Sorry, I didn't understand if the change of employment application will be "new" or an "extension" of my current T2 Genaral, if the SoC code remains the same and the employer and CoS changes.

In the UKBA website, I found the following and hence the confusion.
"
If you change your job
You may need to apply to extend your Tier 2 (General) visa application if:
- you want to change your job and your new job is with a different employer
"

Another clarification in line with your reply related to my dependent's visa:
Do I need to apply for my husband's dependent visa when I apply for my T2 Gen Change of Employment visa? Or should I apply for an extension of his current visa once it's expired i.e March 2016?

Regards

[manci]

Hi Manci,

Thanks for replying.

Sorry, I didn't understand if the change of employment application will be "new" or an "extension" of my current T2 Genaral, if the SoC code remains the same and the employer and CoS changes.
it it will be a new application with a new CoS in either case and the application form is the same:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
if you remain with the same employer in the same job it is called an extension, otherwise is change of employment.
Read the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... e_v0_6.pdf

In the UKBA website, I found the following and hence the confusion.
"
If you change your job
You may need to apply to extend your Tier 2 (General) visa application if:
- you want to change your job and your new job is with a different employer
"

Another clarification in line with your reply related to my dependent's visa:
Do I need to apply for my husband's dependent visa when I apply for my T2 Gen Change of Employment visa? Or should I apply for an extension of his current visa once it's expired i.e March 2016?
you can do either, his new visa expiry date will be the same as yours whenever he applies but if you apply together he doesn't have to show maintenance.
Regards

[supukura]

Thanks again for replying, Manci.

Another thing that I missed is:

If my new sponsor provides me the CoS for 3 years now, will I be able to apply for ILR at the end of 3 years from now, or will I need another T2 Gen extension?
My T2 Gen visa was provided by my current sponsor in Feb 2013. I will be just completing 5 years in 2018, 2 years with my current employer and 3 years with the new employer.

Please advice.

Regards

[manci]

Thanks again for replying, Manci.

Another thing that I missed is:

If my new sponsor provides me the CoS for 3 years now, will I be able to apply for ILR at the end of 3 years from now, or will I need another T2 Gen extension?
My T2 Gen visa was provided by my current sponsor in Feb 2013. I will be just completing 5 years in 2018, 2 years with my current employer and 3 years with the new employer.
already answered - see point 4 above
Please advice.

Regards

[supukura]

Thanks for you time and patience, Manci. Really appreciate it.