Tier2 General Change Employer - When can I quit current job

[thamizhan]

Hello Friends

Currently I hold a UK Tier2 General Visa. I would like to change employer and I am seeing a possibility of an offer shortly. Requesting clarifications for below questions

1. Once I receive the offer letter and the COS from the new employer, Is it safe to resign the current job? OR should I wait for my passport to come back with VISA stamped under the new sponsorship?

2. Am I allowed to work with the current employer if my VISA sponsor starts with the new employer?

3. What should be the start date of the COS of new employer?

4. Will the current employer come to know if I start processing for a visa under the sponsorship of new employer?

5. For example, If I receive my offer letter on May 1st 2015 and my notice period is 2 months, what is the best time to submit my resignation?

6. I have my wife along with me holding a dependant visa? Should I process her the new dependant VISA along with me?

7. What is the SLA involved in the total processing?

8. Any other critical information I should be aware of or cautioned about?

Thanks
Thamizh

[moonlight55]

Hello Friends

Currently I hold a UK Tier2 General Visa. I would like to change employer and I am seeing a possibility of an offer shortly. Requesting clarifications for below questions

1. Once I receive the offer letter and the COS from the new employer, Is it safe to resign the current job? OR should I wait for my passport to come back with VISA stamped under the new sponsorship?
Ideally, its recommended you resign once you get the visa. Tier 2 visa processing does come with its own complexities and you may not want to get into a situation wherein you've resigned from your current job and the processing gets into some issues.

2. Am I allowed to work with the current employer if my VISA sponsor starts with the new employer?
You can continue to work until the start date in the new COS. You cannot work from the COS start date.

3. What should be the start date of the COS of new employer?
It's between you and your new sponsor. You may want to keep some time from now and the start date to get all the relevant processing done.

4. Will the current employer come to know if I start processing for a visa under the sponsorship of new employer?
No.

5. For example, If I receive my offer letter on May 1st 2015 and my notice period is 2 months, what is the best time to submit my resignation?
As mentioned, best time is to resign after you get the visa. Before that, its on your own risk.

6. I have my wife along with me holding a dependant visa? Should I process her the new dependant VISA along with me?
Not mandatory. You can do her processing later (once you get your visa).

7. What is the SLA involved in the total processing?
It depends on the application type. There's a one day premium service. Postal applications generally take 3-4 weeks if paperwork is all fine.

8. Any other critical information I should be aware of or cautioned about?
Ensure that new sponsor is a genuine sponsor (not a employment or umbrella company). There have been many cases where folks have got stuck with one or the other such organisations. It's illegal to have such an arrangement under current Tier 2 rules.

Thanks
Thamizh

[thamizhan]

Thanks moonlight55 for such a quick response.

I am little confused with the responses of first 3 questions.

In the response to the 1st , you have mentioned to wait for the VISA where as in the 2nd response you have mentioned that I cannot work with the current employer after new COS start date. If I wait for VISA to come as the safest option, I think I will violate the policy by staying with the current employer though the sponsor is a new employer. Is that correct?

Also i feel that UKBA rules not flexible for change in employment in terms of allowing a person to serve the notice period. I am looking for some safest option without any risk to seamlessly move out of the current employer to new employer. Is there any option exist?

[justdopposite]

It means if you get your new tier 2 visa, you can still continue to work for your current employer UNTIL the start date in the new COS(new employment start date) .That way you won't violate any rules.

The safest way is to go for same day visa service>>get your new T2 visa>>and then comfortably serve notice period until the start date on ur COS

[moonlight55]

Correct. Once you get your new visa, you cannot work for your old employer from the start date mentioned. Generally, the new sponsor and the employee (in this case, you) should work out a logical start date to be put in the CoS. If you put too closer date and you get your visa, you may face issues in serving the notice period.
One day visa is a better option as suggested, but obviously it will cost you more!

[thamizhan]

Thanks very much for the response.

I have one more query on the COS start date. Can I stay in UK without any sponsorship for few days between my last day of current employer and start day of the new COS? Is there any max limit to it?

Practically I feel new employer may not wait for us to resign the current job after the receipt of VISA since it will take 1 month time. In total it will take 3 months if the normal notice period of 2 months apply.

So I feel if I dont go for one day service which is expensive, then only option with slight risk is to apply for VISA with the 2 months of difference from the resignation date. That may lead to gap of few days I may have to live without any sponsorship if its acceptable?

[moonlight55]

Yes, the slight gap is fine.