Tier 2 - Changing Employers Guide

[sss123]

Hi all ,

I was in Tier 4 and switched to Tier 2 in 2014. (NO labour market test needed for switching)
But now i have a problem that my present employer is closing their business in next 6 months.

1) Can i know that if i found a new sponsor , do they need to do the labour market test if the job is not in the Shortage list ? (it was exempted in first time also my job was not in the shortage list)

Thanks !

[joshw]

This guide has been written based on my own personal experience and the information i have gained throughout the process of changing employers under Tier 2 General Category.

Considering you were already under Tier 2 General Visa and have successfully received a job offer from a new employer (they will have asked for all the necessary documents and agreed to sponsor), here are the steps to follow it up correctly:

1. Get a conditional offer letter from the new employer. Read it thoroughly and make sure everything is right.
2. Ask the new employer to generate a CoS (certificate of sponsorship). Once generated, read it thoroughly and make sure everything is right.
3. Once you have your CoS number, make a fresh Tier 2 application. You will not have to show funds or proof of English if you were already on a Tier 2 Visa.
4. Wait for your new BRP to arrive.
5. Once you have the new Visa, ask the new employer to draft a final UNCONDITIONAL offer letter with a start date that corresponds to the notice period that you have to give to your current employer. Preferably, start from the beginning of a new month.
6. Proofread your final contract and sign it. Ask your new employer to report via SMS (sponsorship management system) that you are currently completing your notice period.
7. Once all the above are done, immediately let your old employer know and start the notice period.
8. Complete your notice period and then join your new job!

If anyone can add on to this you are more than welcome. Hope it helps.

Hi Guys,

I'm currently at number 3 from the list above, would I be correct in assuming that the application would be a "Tier 2 (General) leave to remain"?

Thanks
Josh

[supukura]

Hi ,

Very helpful post and lots of information is available too.

I am in a similar situation where I have been offered a job who of willing to sponsor my tier 2 general visa. I am currently employed with a company who had issued me a tier 2 general visa in Feb 2013. This is valid until march 2016 after which I will have to extend for another 3 years with the same employer. They have offered to provide the extension as well.
My concern is whether or not I should join this new job . Will this be a risky decision to take considering I need to complete 2 more years before I can apply for ILR which is the most important priority for me. The new company is 10 years old and had hired me for a new team that they have started only last year. I am worried about the stability of the position in the new company as well as the stability of the new team. What is the right thing to do in my situation. Considering I joined the company and God forbid they shut down or decided to stop the project and make people redundant, what are the options available in that situation to secure another visa and complete the 5 years towards ILR.
Any suggestion will be much appreciated.

Thanks!

[Delaram06]

Hello and thank you so much to the informing and useful comments.

I am about to change sponsor and couple of question and concerns came along. I will be grateful if anybody can advice based on their experience adn understanding from the similar case.

Currently holding Tier 2 General Visa (Valid till June 2017)
New Sponsor assign new CoS for me starting on 11/January/2016. This CoS will met all the Job criteria, salary requirement, resident market research test (I hope so) and the rest.

I am going to use Priority (10 days post) service and hoping to have the result on my application by 10 of November 2015

1- If for any reason my new Tier 2 Application rejected. Will this affect my current Leave to remain which is valid till June 2017.
2- If the application is successful, bear in mind I will receive the decision by 10th of November 2015 and the CoS will not start until 11 January 2016, dosed this allow me to work under my current sponsor till 11 January 2016 to complete the notice period and then move (Based on Tier 2 General 221 Guidance)
3- In above case, if they issue me the new BRP (Biometric Residence permit) will the start date on that will be the decision date (10 November 2015, roughly)?
4- Or, are they issuing the new BRP with the CoS start date (11 January 2016) and return the current one?

Once again I will appriciat your comment on this

[kamren548]

Hello and thank you so much to the informing and useful comments.

I am about to change sponsor and couple of question and concerns came along. I will be grateful if anybody can advice based on their experience adn understanding from the similar case.

Currently holding Tier 2 General Visa (Valid till June 2017)
New Sponsor assign new CoS for me starting on 11/January/2016. This CoS will met all the Job criteria, salary requirement, resident market research test (I hope so) and the rest.

I am going to use Priority (10 days post) service and hoping to have the result on my application by 10 of November 2015

1- If for any reason my new Tier 2 Application rejected. Will this affect my current Leave to remain which is valid till June 2017.
2- If the application is successful, bear in mind I will receive the decision by 10th of November 2015 and the CoS will not start until 11 January 2016, dosed this allow me to work under my current sponsor till 11 January 2016 to complete the notice period and then move (Based on Tier 2 General 221 Guidance)
3- In above case, if they issue me the new BRP (Biometric Residence permit) will the start date on that will be the decision date (10 November 2015, roughly)?
4- Or, are they issuing the new BRP with the CoS start date (11 January 2016) and return the current one?

Once again I will appriciat your comment on this

very useful indeed. thanks all for sharing your experience/insights.
i am also in a similar situation as Delaram06 mentioned above. would appreciate if anyone could please share their thoughts/experience.

Delaram06: did you find out an answer from personal experience/lawyers that you can share please?

many thanks

[ramakrishna230]

This guide has been written based on my own personal experience and the information i have gained throughout the process of changing employers under Tier 2 General Category.

Considering you were already under Tier 2 General Visa and have successfully received a job offer from a new employer (they will have asked for all the necessary documents and agreed to sponsor), here are the steps to follow it up correctly:

1. Get a conditional offer letter from the new employer. Read it thoroughly and make sure everything is right.
2. Ask the new employer to generate a CoS (certificate of sponsorship). Once generated, read it thoroughly and make sure everything is right.
3. Once you have your CoS number, make a fresh Tier 2 application. You will not have to show funds or proof of English if you were already on a Tier 2 Visa.
4. Wait for your new BRP to arrive.
5. Once you have the new Visa, ask the new employer to draft a final UNCONDITIONAL offer letter with a start date that corresponds to the notice period that you have to give to your current employer. Preferably, start from the beginning of a new month.
6. Proofread your final contract and sign it. Ask your new employer to report via SMS (sponsorship management system) that you are currently completing your notice period.
7. Once all the above are done, immediately let your old employer know and start the notice period.
8. Complete your notice period and then join your new job!

If anyone can add on to this you are more than welcome. Hope it helps.

As specified in this guide ,what should be the Start date of the COS in step 2.
Ex:
Step 1:I got the unconditional offer letter
Step 2: My new employer is willing to generate and assign the COS with Start date 4th Jan 2016.
Step 3: I have checked the premium application Slots and the earliest available is on 23rd Dec 2015.(step 3)
Step 4: If my new BRP arrives by 30the Dec 2015 with issue date as 30the Dec 2015.
Step 5: I will request my new employer to give the final offer letter specifying Join date as 4th Feb 2016.
Step 6 and 7: I will give the notice on 4th Jan 2016 to my old employer and asks my new employer to inform to the home office by SMS system of the delay in the join date.
Step 8: I will join the new company on 4th Feb 2016.

Can any of the moderators/people with experience/knowledge please answer my question.
Is it correct to work for the old employer (notice period)beyond the start date on the new COS and the issue date on BRP?
If not what should be the start date when generating the COS.
How to decide the COS start date when we don't the processing time of the Visa.Even for premium application some time they are taking a week or two to take the decision.
Is COS start date and Join date of new Job are same or Diff?

Any help is much appreciated.
thanks,
Ram

[perspolis]

Hi all,

I have one concern.
After how long can I change my sponsor?
Is it possible for example to change my sponsor after 6 month?
Or do I need to stay there for a certain time?

Thank you for answering my question.

[ravisb_2014]

You can change your sponsor any time if you find a sponsor who is ready to issue a CoS. There is no rule that states "you need to be with a particular sponsor for certain period of time".

[prat_123]

Dear Friends,

I have a strange situation here.
My Certificate of sponsorship says Work start date as 1st March 2016 and it is 29th Feb today. I am trying to book a premium service Tier 2 appointment asap. Can i book a visa appointment date after my proposed work start date of 1st March 2016 as mentioned on Certificate of sponsorship? I have another question, Can i request my company to alter or notify UKV&I that my start date needs to change??

Please advise.

Thanks
Prat_123

[urmyworld]

Hi Guys,

I need help in this.

My current companys license on november last week 2015 was suspended and on the month of december 2015 using priority service(should have done premium).
However, i am yet to get the application approved as yet.

Now, my existing employer is some problems and i dont wnt to stay in the company anymore.

My question is can i join my new company under these circumstances when i am yet to recieved my approval for change of sponsorship and also with me getting terminated from the existing employment.

Also, say that i am terminated from the current company and subsequently my subsequent sponsorship application is rejected, then how much time will have to leave UK.

Please help

[maggiech]

Hi everyone, thanks for the posts here, they are very helpful. I have a question regarding switching from Tier 2 to Tier 2, I have left my employer and now I found a new employer would like to sponsor my visa, but I have left the first employer for several months, during that time, I was waiting for the letter from home office to leave the country but never received, is that normal?
Anyway, does this situation affect my new application?

[CMedynski]

Hello,
I am looking to change employers while on a tier 2 general visa. I've been on my current visa for 4.5 years now and am not sure if I apply and pay for the 'up to 3 years' or 'more than 3 years' fee?

Can someone please clarify what each means?

Thank-you in advance!!

[CMedynski]

Hello,
I am looking to change employers while on a tier 2 general visa. I've been on my current visa for 4.5 years now and am not sure if I apply and pay for the 'up to 3 years' or 'more than 3 years' fee?

Can someone please clarify what each means?

Thank-you in advance!!

Hello,
Is anyone able to clarify this for me please? I'm assuming I would apply for an 'up to 3 years'..is this correct?

[antonm5012]

Wow, this is thorough!
First clear instruction on what to do.

Do I understand correctly, that while already given an offer and applying for a new visa, you continue to work for your previous employer?
Won't applying for a new visa cancel your existing one? (this happened when I was changing from Tier4 to Tier2).

This guide has been written based on my own personal experience and the information i have gained throughout the process of changing employers under Tier 2 General Category.

Considering you were already under Tier 2 General Visa and have successfully received a job offer from a new employer (they will have asked for all the necessary documents and agreed to sponsor), here are the steps to follow it up correctly:

1. Get a conditional offer letter from the new employer. Read it thoroughly and make sure everything is right.
2. Ask the new employer to generate a CoS (certificate of sponsorship). Once generated, read it thoroughly and make sure everything is right.
3. Once you have your CoS number, make a fresh Tier 2 application. You will not have to show funds or proof of English if you were already on a Tier 2 Visa.
4. Wait for your new BRP to arrive.
5. Once you have the new Visa, ask the new employer to draft a final UNCONDITIONAL offer letter with a start date that corresponds to the notice period that you have to give to your current employer. Preferably, start from the beginning of a new month.
6. Proofread your final contract and sign it. Ask your new employer to report via SMS (sponsorship management system) that you are currently completing your notice period.
7. Once all the above are done, immediately let your old employer know and start the notice period.
8. Complete your notice period and then join your new job!

If anyone can add on to this you are more than welcome. Hope it helps.

[tristanintheuk]

This guide has been written based on my own personal experience and the information i have gained throughout the process of changing employers under Tier 2 General Category.

Considering you were already under Tier 2 General Visa and have successfully received a job offer from a new employer (they will have asked for all the necessary documents and agreed to sponsor), here are the steps to follow it up correctly:

1. Get a conditional offer letter from the new employer. Read it thoroughly and make sure everything is right.
2. Ask the new employer to generate a CoS (certificate of sponsorship). Once generated, read it thoroughly and make sure everything is right.
3. Once you have your CoS number, make a fresh Tier 2 application. You will not have to show funds or proof of English if you were already on a Tier 2 Visa.
4. Wait for your new BRP to arrive.
5. Once you have the new Visa, ask the new employer to draft a final UNCONDITIONAL offer letter with a start date that corresponds to the notice period that you have to give to your current employer. Preferably, start from the beginning of a new month.
6. Proofread your final contract and sign it. Ask your new employer to report via SMS (sponsorship management system) that you are currently completing your notice period.
7. Once all the above are done, immediately let your old employer know and start the notice period.
8. Complete your notice period and then join your new job!

If anyone can add on to this you are more than welcome. Hope it helps.

Great guidance! I have a question regarding the continuous period for this changing employer scenario. Does the period between obtained a new BRP and joined the new employer counted into the 180 days absence limit? i.e., doe the noticed period for your ex-employer counted into the 180 days absence?

[nedo73]

Hi,

A very useful and concise guide indeed. A quick question if I may ask:

During processing of new CoS, will I need to pay for health surcharge again for the duration of next CoS? I currently have Tier 2 valid visa with my original sponsor till Dec 2018 and IHS was paid for me and my dependents for this duration. If I decide to change my sponsor, will the clock restarts as far as IHS dues are concerned?

Really appreciate your help.

[CR001]

Hi,

A very useful and concise guide indeed. A quick question if I may ask:

During processing of new CoS, will I need to pay for health surcharge again for the duration of next CoS? I currently have Tier 2 valid visa with my original sponsor till Dec 2018 and IHS was paid for me and my dependents for this duration. If I decide to change my sponsor, will the clock restarts as far as IHS dues are concerned?

Really appreciate your help.

Yes, you will have to pay the IHS for the duration of the new CoS and your new visa.