Tier2 general - change of employer

[bbreddy]

Hi

I am currently here on tier 2 general visa valid until Mar 2017.

However I voluntarily resigned and my last working day was on Aug 6 2015. My employer notified UKVI about the same on Aug 17.

Now i have found another tier 2 sponsor. Can you pls advice
1) Have I overstayed following my last working day?
2) I havent received any letter from ukba advicing me of 60day. When should I expect? Is this letter sent everytime? To everyone? I heard this may not be sent to someone who has resigned voluntarily. Is this true?
3) will there be any difference between resigning voluntarily vs ccompany sacking?
4) my new salary is lower than my previous job salary. Is that going to be any issue at the time of visa application?
5) there is a wording confusion on the tier 2 eligibility rules.
It says we may need to "extend" your tier2 visa while changing employer. When we look for who can extend the visa it says that we still need to work for the same employer that previously gave the tier 2 visa. In my case I'm clearly not working with my previous employer anymore. Is this an issue when I apply? Is this an accurate description athttps://www.gov.uk/tier-2-general/extend-your-visa

6) will this short gap cause any issue with my indefinite leave application in 2017?

Many thanks for your time and views.

[iworker]

this is very common.. ukvi takes there own time to send your correspondence to shorten your leave to 60 days, which can takes several months as well.. so nothing to worry about.

You need a valid cos with appropiate salary according to the soc code.. it doesnt matter if it was less than last job, it should be more than the min required for the soc code.

you need to apply for extension (since you are applying within uk using un-resreicted cos) and the type of application will be change of employer.

you will be fine for ilr, depending on the rules of ilr at the time.. i.e., this break will not cause any problem.

[bbreddy]

Thanks a lot iWorker - that is definitely encouraging.

I just called the croydon PEO contact number on 0300 123 2241. When I explained the same situation to the guy who spoke to me on phone, he said I overstayed?

He says that 'technically' I am not allowed to be here in the UK if I resigned on Tier 2. And I should have applied for the 'extension by switching employer' before the last working day at my previous employer.

I am not sure what to do now. Has anyone experienced my situation here. I am really concerned with what that guy said - especially when I am so close to my ILR

[Basharat81]

Hi,

if you got the COs then why not apply straight forward, you are not over stayed cause you have a valid visa and also it is less than 28 days at the moment

You should apply soon as you can.

[bbreddy]

Yes I am about to send my visa application. However I just want to make sure I am not doing something that will only end up as a negative decision.

[bbreddy]

Hi,

if you got the COs then why not apply straight forward, you are not over stayed cause you have a valid visa and also it is less than 28 days at the moment

You should apply soon as you can.

Hi

Can uou pls clarify-

What is the 28 days period you are referring to?

When does it start from?

Thanks

[iworker]

the guy you spoke to over the phone is nutts and it is quite common for ukvi customer service to give wrong information as seen on this forum. you are most certainly not an over stayer.. just send your application and be relaxed about it

[Basharat81]

Hi,

As you said you have already secured the COS from some other employer. that’s why I mentioned that if you can you should apply in 28 days, to overrule all of the things, but below I have explained in detail the actual 28 days rule.

28 days mean, for example your gave resign on 1st Aug then from 30 September you will be illegal in the country. In that case you can still apply within 28 days that mean roughly till 28th October. This will not break your 5 or 10 years of residency

As you have time but I will suggest you to apply soon as you can. No point to wait till last minute and create complexity.

Hope will be help full.