Cancellation of CoS in Tier 2 ICT

[lotus1234]

Hi,

One of my colleague who is currently under Tier 2 ICT (Established Staff) has got an offer to switch to Tier 2 general. Upon signing the emplyment contract with new sponsor, he resigned from the present employer on 22 April 2016. Present employer told they are going to cancel his CoS and need to leave UK within 3 weeks (By 14th of May) . Now he is in a crisis situation. He is not sure when the CoS from the new employer will be issued (Company says maximum 2 weeks). The question is

1) Is there any legal issues if he stays in UK till he get the CoS, makes an application for switching and BRP issued (Planning to apply via same day premium route).

2) If present company cancel current CoS, will switching application will be rejected by home office in any case?

3) If he stays in UK after 14th of May, can the present employer can take legal action on him/ notify the home office that his stay in UK is illegal as the CoS is already cancelled?

Regards
LoTuS

[iworker]

he doesnt have to leave uk.. the company is not the one to tell who should leave or not. His visa will be curtailed to a certain date.. normally 60 days after his employment ends, and that is when he has to leave.

However, u need to check if he can switch to tier 2 or not.. that might be critical.

last couple of points, dont worry, the current employer can not do anything about him

[manci]

He shouldn't have resigned before having a CoS from the new sponsor.

Did he not have to complete a notice period in his present job? Was he perhaps summarily dismissed? If so, why?

All his present sponsor can do is to inform the HO that his employment ended, they have no other powers as far as his immigration status is concerned. Once the HO receive the notification a curtailment process will start (there is usually some delay) and his visa will be curtailed to 60 days during which period he can apply for a new leave provided he has a CoS from another sponsor. The 60 days count from the date the curtailment decision is made, not from date his present employment ended.

[lotus1234]

he doesnt have to leave uk.. the company is not the one to tell who should leave or not. His visa will be curtailed to a certain date.. normally 60 days after his employment ends, and that is when he has to leave.

However, u need to check if he can switch to tier 2 or not.. that might be critical.

last couple of points, dont worry, the current employer can not do anything about him

Thanks iworker

[lotus1234]

He shouldn't have resigned before having a CoS from the new sponsor.

Did he not have to complete a notice period in his present job? Was he perhaps summarily dismissed? If so, why?

All his present sponsor can do is to inform the HO that his employment ended, they have no other powers as far as his immigration status is concerned. Once the HO receive the notification a curtailment process will start (there is usually some delay) and his visa will be curtailed to 60 days during which period he can apply for a new leave provided he has a CoS from another sponsor. The 60 days count from the date the curtailment decision is made, not from date his present employment ended.

Thanks a lot manci for providing this valuable information.

It was a normal resignation process. He needs to serve notice period of 3 months. Company told him to leave UK to serve the notice period in his company located in home country, from where his ICT visa was issued first.

With all the information in hand regarding the curtailment period, he plans to tell the present employer that he will be staying in UK for at least 2 months after resignation to sort out all personal stuffs. The remaining 1 month of notice period will be served in home country. Will that be fine for the present situation?

Regards
LoTuS

[manci]

As his initial visa was as T2 ICT Established Staff he is eligible to switch to T2G in the UK. Unless he is a high earner if he leaves the UK he can only apply for entry clearance after a one year cooling-off period.

Depending on when the new sponsor wants to employ him from it would be best to negotiate with his current sponsor a reduction in the 3 month notice period but this of course will be subject to what is in his employment contract.

He should also make sure that his prospective new sponsor knows the rules about RLMT, min salary, etc.so that there is a realistic prospect of them being able to assign the CoS.

[lotus1234]

As his initial visa was as T2 ICT Established Staff he is eligible to switch to T2G in the UK. Unless he is a high earner if he leaves the UK he can only apply for entry clearance after a one year cooling-off period.

Depending on when the new sponsor wants to employ him from it would be best to negotiate with his current sponsor a reduction in the 3 month notice period but this of course will be subject to what is in his employment contract.

He should also make sure that his prospective new sponsor knows the rules about RLMT, min salary, etc.so that there is a realistic prospect of them being able to assign the CoS.

Ok Good. His main concern was staying in UK till he gets his Tier2 General visa issued. Anyway as per the curtailment rules, he already told his present employer that he is not leaving UK for at least 2 months after his resignation, which will ensure he get new CoS and BRP within this period.

Thanks manci for all valuable information.

Regards
LoTuS

[lotus1234]

As his initial visa was as T2 ICT Established Staff he is eligible to switch to T2G in the UK. Unless he is a high earner if he leaves the UK he can only apply for entry clearance after a one year cooling-off period.

Depending on when the new sponsor wants to employ him from it would be best to negotiate with his current sponsor a reduction in the 3 month notice period but this of course will be subject to what is in his employment contract.

He should also make sure that his prospective new sponsor knows the rules about RLMT, min salary, etc.so that there is a realistic prospect of them being able to assign the CoS.

Hi Manci, One more doubt.

If UKVI rejects his Tier 2 General application for any reason, does that mean he needs to leave the country soon or can he stay in UK for the entire curtailment period and re-apply for visa after correcting any errors in the application?

[geriatrix]

can he stay in UK for the entire curtailment period and re-apply for visa after correcting any errors in the application?

Yes.