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T2 changing emplyment while last apply is pending

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

anina0816
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T2 changing emplyment while last apply is pending

Post by anina0816 » Thu Aug 31, 2017 10:48 am

Hi guys,

I am currently applying T2 changing employment, and haven't received any info from Home office yet as this week actually is the 9th week from the day I submitted the online form and made the payment.

My first T2 is from March 2014 to March 2017 with employer A.

I have applied a T2 extension with employer B on September 2016, and it was pending till now.(used 10 day priority service, and they send me a letter says case wait for sponsor more info so cant be finished in 10 days.)
Now I am applying for a changing employer application with employer C.

I can check both applications' status via https://contact-ukvi.homeoffice.gov.uk/ ... visastatus

and both of them are awaiting a decision.

Q1, as my last application is still pending, I have submitted new application, will my old IHS fees and application fees will be refunded?

Q2, any one has been through something like this? It's the 9th week and there is still no result, I am worried cos I don't want it be pending like my second application.

Q3, Since Sep 2016, because I don't have a valid T2 to work, so I didn't work, my p60 will be a year less , will that affect my ILR application in the future?

Q3, the 3rd time Changing employer application, will it be affect by my second application since that one was pending as it says need some info from employer B?

Thx in advance.

anina0816
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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Mon Sep 18, 2017 10:10 am

it has been 12 weeks, still no result from HO.

Either received any letters from HO. Cos normally they would send you a letter that says they cant process on time and they need extra time, sthg like that ....

What shall I do? will contact local MP help the process?

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Mon Sep 18, 2017 2:42 pm

Hi, i think we're on the same boat here. I applied for extension as welll - change of employment (using priority service) last January 2017 and I am still waiting for a decision :(

Sorry i couldnt help or advice you but with regards to your questions

Q1 - your IHS fee should be refunded but not the application fee as far as i am aware.
Q2 - me πŸ™ŒπŸ» Waiting for more than 8months now
Q3 - not sure...im worried about mine either
Q3 - your second application should've been cancelled when you apply for your 3rd time.

I also contacted my MP to help but since my application is still pending he couldn't do anything about it.

anina0816
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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Mon Sep 18, 2017 3:05 pm

Jhay wrote: ↑
Mon Sep 18, 2017 2:42 pm
Hi, i think we're on the same boat here. I applied for extension as welll - change of employment (using priority service) last January 2017 and I am still waiting for a decision :(

Sorry i couldnt help or advice you but with regards to your questions

Q1 - your IHS fee should be refunded but not the application fee as far as i am aware.
Q2 - me πŸ™ŒπŸ» Waiting for more than 8months now
Q3 - not sure...im worried about mine either
Q3 - your second application should've been cancelled when you apply for your 3rd time.

I also contacted my MP to help but since my application is still pending he couldn't do anything about it.
Hi Jhay,

Thx for replying.
We are on the same boat!

hmm. I saw one guy posted thread and he contacted the MP... it helps....
They should contact you if they need more docs....
Have you wrote to them?

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Tue Sep 19, 2017 12:31 am

Hi anina0816,

I have a solicitor and they've written to them several times already with some response from HO of exceptionally complex issues etc..sorry for the delay... letter.

They never ask for further documents/anything.

Regards

anina0816
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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Tue Sep 19, 2017 11:09 am

Jhay wrote: ↑
Tue Sep 19, 2017 12:31 am
Hi anina0816,

I have a solicitor and they've written to them several times already with some response from HO of exceptionally complex issues etc..sorry for the delay... letter.

They never ask for further documents/anything.

Regards
I have rang them, and I v got a email says :
Dear Sir,
Β 
Β 
Thank you for contacting UKVI Contact Centre.Β 
Β 
Our records show that your application has not yet been completed.
Β 
We are unable to advise when a decision will be made but you will be notified in writing once made.Β  Until such time, we are unable to assist further. Β Should the caseworker require further information and/or documents they will contact you.
Β 
We are sorry we cannot be of further assistance at this time.
Β 
Yours faithfully,
Β 
Β 
UK Visas and Immigration
Please note, any emails received into this mailbox will be deleted and no action will be taken.
Nothing says there are any complex issue , nor asking for additional docs....
So what wrong with them with all the delay!

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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Tue Sep 19, 2017 3:14 pm

It looks like all we can do is to wait really and thats so frustating... i hope we get something from them asap!.πŸ™πŸ»

I did received a letter x2 saying complex issues one is when it was delayed first time and second is when my solicitor follow it up.. then nothing since - its been a few months already..

They're probably extremely busy with this "brexit" situation...but thats unfair for us!

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Tue Sep 19, 2017 3:21 pm

Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
They're probably extremely busy with this "brexit" situation...but thats unfair for us!
This has nothing to do with the UK Immigration route applications.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Tue Sep 19, 2017 3:24 pm

CR001 wrote: ↑
Tue Sep 19, 2017 3:21 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
They're probably extremely busy with this "brexit" situation...but thats unfair for us!
This has nothing to do with the UK Immigration route applications.

Thats good to know. Thanks!
But whats with the delay then?? More than 8 months. :(

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Tue Sep 19, 2017 3:26 pm

Jhay wrote: ↑
Tue Sep 19, 2017 3:24 pm
CR001 wrote: ↑
Tue Sep 19, 2017 3:21 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
They're probably extremely busy with this "brexit" situation...but thats unfair for us!
This has nothing to do with the UK Immigration route applications.

Thats good to know. Thanks!
But whats with the delay then?? More than 8 months. :(
There is either a problem with your sponsor, RLMT or HO is questioning the genuine vacancy or salary/SOC code.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Tue Sep 19, 2017 11:01 pm

CR001 wrote: ↑
Tue Sep 19, 2017 3:26 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:24 pm
CR001 wrote: ↑
Tue Sep 19, 2017 3:21 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
They're probably extremely busy with this "brexit" situation...but thats unfair for us!
This has nothing to do with the UK Immigration route applications.

Thats good to know. Thanks!
But whats with the delay then?? More than 8 months. :(
There is either a problem with your sponsor, RLMT or HO is questioning the genuine vacancy or salary/SOC code.

Out of curiousity - as far as i am aware i am not allowed to work because of my pending application...
Am i allowed to work while my visa still on process?? Or will i be allowed to work if my employer do the "right to work" check?

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 9:16 am

Jhay wrote: ↑
Tue Sep 19, 2017 11:01 pm
out of curiousity - as far as i am aware i am not allowed to work because of my pending application...
Am i allowed to work while my visa still on process?? Or will i be allowed to work if my employer do the "right to work" check?
You tagged onto another members topic and now asking your own questions. This is considered rude and is unfair to the original poster. You should ask your questions in your own topic please.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Wed Sep 20, 2017 9:45 am

Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
It looks like all we can do is to wait really and thats so frustating... i hope we get something from them asap!.πŸ™πŸ»

I did received a letter x2 saying complex issues one is when it was delayed first time and second is when my solicitor follow it up.. then nothing since - its been a few months already..

They're probably extremely busy with this "brexit" situation...but thats unfair for us!
Hi Jhay,

My solicitor just emailed me yesterday that they have just received the letter says .... they wont be able to finish in 8 weeks as complex issuers :( :( :(

I have wrote a long letter for them with all my visa timeline since I was a student..... and prove then that I have never overstayed nor broken any regulations. ... hope it helps for them faster the process....

been waiting for my result since last year Sep 2016...... without passport and docs, I couldn't gone back to visit my families...

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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Wed Sep 20, 2017 9:56 am

CR001 wrote: ↑
Tue Sep 19, 2017 3:26 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:24 pm
CR001 wrote: ↑
Tue Sep 19, 2017 3:21 pm
Jhay wrote: ↑
Tue Sep 19, 2017 3:14 pm
They're probably extremely busy with this "brexit" situation...but thats unfair for us!
This has nothing to do with the UK Immigration route applications.

Thats good to know. Thanks!
But whats with the delay then?? More than 8 months. :(
There is either a problem with your sponsor, RLMT or HO is questioning the genuine vacancy or salary/SOC code.
Hi CR001,

Thanks for the confirmation.
But I do think more or less related a bit brexit.... not the work load. but the immigration policy is much tighter and strict for sure..

My first company who's sponsorship has been revoked, the result came out just the day after brexit referendum result published. Was it a coincident?

Although they did start to investigate from Oct 2015, and there was a long time waiting, till the next day of brexit referendum( 25th Friday) on 26th June 2016 , I clear remembered that it's a Saturday, and we received the email from HO of the sponsor licence was revoked. they could send it many days before ,but they chose to send the email after Brexit result came out..... coincident?

Also, a former colleague told me ,that HO used to come to the head office and telling you this need to be changed or that need to be noticed.... and they took the water we offered and stay several hours chatty and gone. On Oct 2015, they refuse to take a cup of water we offered and been siting in the company's head office whole afternoon to check document, not much talking and being really serious about it ,that 's how company's trouble starts...

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 10:01 am

anina0816 wrote: ↑
Wed Sep 20, 2017 9:56 am
Hi CR001,

Thanks for the confirmation.
But I do think more or less related a bit brexit.... not the work load. but the immigration policy is much tighter and strict for sure.. There have been no changes in the immigration rules simply due to Brexit, which affects EU nationals and their family not UK immigration routes. For Tier 2 General, you either meet the points or you don't.

My first company who's sponsorship has been revoked, the result came out just the day after brexit referendum result published. Was it a coincident? You are reading too much into this. Your sponsor clearly failed to meet their obligations, as written in the RULES.

Although they did start to investigate from Oct 2015, and there was a long time waiting, till the next day of brexit referendum( 25th Friday) on 26th June 2016 , I clear remembered that it's a Saturday, and we received the email from HO of the sponsor licence was revoked. they could send it many days before ,but they chose to send the email after Brexit result came out..... coincident? You are being ridiculously paranoid and pessimistic.

Also, a former colleague told me ,that HO used to come to the head office and telling you this need to be changed or that need to be noticed.... and they took the water we offered and stay several hours chatty and gone. On Oct 2015, they refuse to take a cup of water we offered and been siting in the company's head office whole afternoon to check document, not much talking and being really serious about it ,that 's how company's trouble starts... It is a serious job. If you think anything to do with immigration rules is a joke or not serious, then perhaps you shouldn't bother. They are not visiting companies for a chat and a cup of tea.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Wed Sep 20, 2017 10:14 am

Hi CR001,

I do believe the company failed the instruction in the sponsor guidance...
I am sure they are doing a really serious job!

But what I am trying to say is,the company had been doing the same business for long time.
Their HR systems just like it was.

As HO comes to the company every year or every other year, they let it go..... that 's y how this company, the biggest in the industry, owned the sponsorship for the last 20 years.....

But they failed since Oct 2015.....

That's the point I am trying to say, the policy is not changed, but officers are more serious ... :)

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 10:17 am

That would be because HO are and have been closing the loopholes sponsors/migrants have been abusing.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: T2 changing emplyment while last apply is pending

Post by anina0816 » Wed Sep 20, 2017 11:21 am

CR001 wrote: ↑
Wed Sep 20, 2017 10:17 am
That would be because HO are and have been closing the loopholes sponsors/migrants have been abusing.
Agree with you said about sponsors/migrants have been abusing the system.

But your tone is just really aggressive, no need to be like that. I am sorry, but I just didn't like it.

My families are Londoners , and they agrees with brexit so much. I have some local clients are the same. I complete understand them for their benefit, when my mother in law a aged local lady who couldn't get NHS appointment, I get worried so much...

But still, I pay my tax, I paid the huge tuition fee for my education as a foreigners, and my families as locals, work really hard, they dont live depends on benefit. We are very proud of it.

Don't speak like all immigration are taking advantage to the systems!!! :(

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 11:41 am

Please don't assume that I, or any of the moderators/respected gurus have not also come through the immigration route/journey, paid huge amounts of money to be here and don't understand members frustrations!!

It is unfortunate that many have to suffer because of the abuse of a few across all visa categories!!

My tone is not aggressive, but you are stating 'facts' that are not relevant to the PBS visa system, you gain the point = visa granted, fail to gain the points = visa refused. Sponsor doing some 'creative' stuff in the background re RLMT etc = fail to get the visa.

You have over complicated your application process by making an extra application with a different sponsor while having one was still pending. This is besides the fact that you cannot have two CoS's assigned to you at the same time.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Wed Sep 20, 2017 11:55 am

CR001 wrote: ↑
Wed Sep 20, 2017 9:16 am
Jhay wrote: ↑
Tue Sep 19, 2017 11:01 pm
out of curiousity - as far as i am aware i am not allowed to work because of my pending application...
Am i allowed to work while my visa still on process?? Or will i be allowed to work if my employer do the "right to work" check?
You tagged onto another members topic and now asking your own questions. This is considered rude and is unfair to the original poster. You should ask your questions in your own topic please.

Ok sorry. I'm just asking anyway to confirm what i know.

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 11:57 am

Jhay wrote: ↑
Wed Sep 20, 2017 11:55 am
CR001 wrote: ↑
Wed Sep 20, 2017 9:16 am
Jhay wrote: ↑
Tue Sep 19, 2017 11:01 pm
out of curiousity - as far as i am aware i am not allowed to work because of my pending application...
Am i allowed to work while my visa still on process?? Or will i be allowed to work if my employer do the "right to work" check?
You tagged onto another members topic and now asking your own questions. This is considered rude and is unfair to the original poster. You should ask your questions in your own topic please.

Ok sorry. I'm just asking anyway to confirm what i know.
If you applied for a visa before your last visas expiry date, your visa conditions continue and you can continue working for your sponsor (not a new sponsor though).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Wed Sep 20, 2017 12:03 pm

CR001 wrote: ↑
Wed Sep 20, 2017 11:57 am
Jhay wrote: ↑
Wed Sep 20, 2017 11:55 am
CR001 wrote: ↑
Wed Sep 20, 2017 9:16 am
Jhay wrote: ↑
Tue Sep 19, 2017 11:01 pm
out of curiousity - as far as i am aware i am not allowed to work because of my pending application...
Am i allowed to work while my visa still on process?? Or will i be allowed to work if my employer do the "right to work" check?
You tagged onto another members topic and now asking your own questions. This is considered rude and is unfair to the original poster. You should ask your questions in your own topic please.

Ok sorry. I'm just asking anyway to confirm what i know.
If you applied for a visa before your last visas expiry date, your visa conditions continue and you can continue working for your sponsor (not a new sponsor though).
Thanks. That just confirm i cannot work then as my previous sponsor got their licence revoked.

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Re: T2 changing emplyment while last apply is pending

Post by CR001 » Wed Sep 20, 2017 12:06 pm

Jhay wrote: ↑
Wed Sep 20, 2017 12:03 pm
CR001 wrote: ↑
Wed Sep 20, 2017 11:57 am
Jhay wrote: ↑
Wed Sep 20, 2017 11:55 am
CR001 wrote: ↑
Wed Sep 20, 2017 9:16 am

You tagged onto another members topic and now asking your own questions. This is considered rude and is unfair to the original poster. You should ask your questions in your own topic please.

Ok sorry. I'm just asking anyway to confirm what i know.
If you applied for a visa before your last visas expiry date, your visa conditions continue and you can continue working for your sponsor (not a new sponsor though).
Thanks. That just confirm i cannot work then as my previous sponsor got their licence revoked.
In that case no, you cannot work until you get your new visa. The gap in employment will also be a problem for ILR if that is part of your future plan.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Jhay
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Joined: Wed Sep 13, 2017 1:32 pm
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Wed Sep 20, 2017 12:10 pm

Whats happening to my posts? Its not posting. Tried 2x already qouting anina post but cant see my post..

Hi anina,

In reply to your post.

I hope the letter you made help your case...got my fingers and toes crossed for you..

How long you've been in tier2?

I am worried about mine as i am on my 6th year already...

Jhay
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Re: T2 changing emplyment while last apply is pending

Post by Jhay » Wed Sep 20, 2017 12:14 pm

CR001 wrote: ↑
Wed Sep 20, 2017 12:06 pm
Jhay wrote: ↑
Wed Sep 20, 2017 12:03 pm
CR001 wrote: ↑
Wed Sep 20, 2017 11:57 am
Jhay wrote: ↑
Wed Sep 20, 2017 11:55 am



Ok sorry. I'm just asking anyway to confirm what i know.
If you applied for a visa before your last visas expiry date, your visa conditions continue and you can continue working for your sponsor (not a new sponsor though).
Thanks. That just confirm i cannot work then as my previous sponsor got their licence revoked.
In that case no, you cannot work until you get your new visa. The gap in employment will also be a problem for ILR if that is part of your future plan.

This is my biggest fear atm,, whats the point of waiting if i cannot apply for ilr anyway.. :?
Is the 5 year employment requirement should be continuous 5yrs?or as long as i completed 5years of employment for the whole 6years on tier2?

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