Teir 2 general change of employer partner visa

[mhib]

Hi,

I am currently on a tier 2 general (Employer sponsored visa). My wife is on a partner visa and we both have BRPs that were issued last year.

I am now considering a change of employment and the company is carrying out a RMT at the moment. However I have the following questions that I need clarified:

1) The new employer intent to keep the same data as my current permit, do I need a new BRP issued? or is there a way to just change employer?
2) My partner's BRP is a dependent visa. Does she need a new visa application? Considering all dates will remain the same?
3) Will I need to pay the NHS surcharge again? Also does my partner have to pay it again?
4) Current employer put in contract that i have to pay them the cost of visas if I left within two years. However, the role i was hired to do never materialized and they have been using me to do bits and pieces for the past few months. Do I have any rights here or shall I just pay (I doubt i do have any rights but its worth asking!)

Thanks

[CR001]

1. You cannot just 'change employer'. Your new sponsor has to issue a CoS and you have to apply for a new visa. The visa will be valid based on the information in the CoS.

2. No need to apply for dependents.

3. Yes you do. You have to pay IHS for each application you make.

4. Not an immigration matter. This is between you and your employer and the contract you signed. However, if you have not been doing what your COS stated, then that is a separate issue.

Remember that if you aim to get ILR, you need letters form your 'current' employer regarding your absences etc.

[mhib]

Hi,

thanks alot for the advice. I am on good terms with my current employer as they fully understand what happened in regards to my role. However, I have just read the following on the home office website:

not have had entry clearance or leave to remain as a Tier 2 migrant at any time during the 12 months
- were not in the UK with leave as a Tier 2 migrant during this period and provide evidence to show this
- were only in the UK as a Tier 2 migrant during the last 12 months for a short period or periods with a certificate of sponsorship (CoS) which was assigned for 3 months or less

My previous Visa application was less than 12 months ago. Does that mean I am not eligibile to apply unless i pass the 12 months?

[CR001]

Useful to provide the link of where you read this

[mhib]

Hi,

Apologies for that. This was a bad copy pasting job from me.

The link for the document is below and the lines are in page 10 of the document.

https://www.gov.uk/government/uploads/s ... 9.0ext.pdf

The date of issue is 20 days ago

Thanks,

[CR001]

That refers to ENTRY clearance from OUTSIDE the UK and NOT change of employer applications WITHIN the UK.

[mhib]

thanks so much!... this is good news