Tire 2 General - successful with new employer - but candidate wishes to stay with current/old employer

[nandybala]

Hi,

I am posting this on behalf of a friend of mine as he was unable to login.

My friend has been in the UK for the past 4 years and 8 months in a Tier-2 General Visa (Shortage Occupancy List). When he completed 4 years in the UK, he had applied for a senior role with one of the big names in the power industry in the UK. He was approached by the company and he cleared the interview successfully. Followed by the successful interview, they sponsored his Tier 2 General Visa and he successfully received his new BRP card as well. He is now serving his 3 months' notice period in his current company, with only 3 weeks left out to complete his notice period and join his new role in the new company. Yesterday, he received a call from his would-be line manager in the new company and he was told that as soon as he joins the new company, he will be added to be a the part of the consulting process. He has been told that the consulting process to reduce the number of engineers was initiated after they made an offer to my friend. Therefore, he can't escape the process and he was informed that he may or may not be successful. I do not know how legal is to offer a permanent role to a candidate, sponsor his visa, make him resign from a very secure job and then inform him about redundancy even before he joins. My friend has been informed that the consulting process is for one month and by the end of October 2018, he will be informed of the decision whether he can stay or leave the company. He is eligible to apply for his ILR in the second week of November 2018.

Under this circumstance, my friend approached his current line manager and explained the situation. His current company is considering to retain him. The decision on whether he can stay with his current company or not will be made clear to him next week.

With this background, now my/his question is, "If his current employer agrees for him to stay back, does he need to go through the entire process of his company applying for the CoS, then he applying for the Tier 2 general visa? Since he has not joined the new company, can his current HR inform the UKVI through the Sponsorship Management System that the employee has had a change of mind and wants to stay back? Will UKVI will reassign the current company's (old) sponsorship details and permit my friend to stay back without any hassle?"

Anyone reading this will understand the very strange and painful situation that my friend is going through. He will be very happy to know any information on this. Please feel free to suggest any legal option against the new company which has, in my opinion, is behaving highly unethical.

Thanks very much for all those who might spend time on this query. Sorry if I have missed any detail that might be useful to the experts here to answer this query. Therefore, please do let me know if you need additional information on the situation to help him out.

[CR001]

What is your 'friends' username that he 'can't log into'??

If his current employer agrees for him to stay back, does he need to go through the entire process of his company applying for the CoS, then he applying for the Tier 2 general visa?

Yes, he has to apply for a visa and go through the process again.

Since he has not joined the new company, can his current HR inform the UKVI through the Sponsorship Management System that the employee has had a change of mind and wants to stay back?

They could but he no longer holds a visa for his current employer to continue working for them.

Will UKVI will reassign the current company's (old) sponsorship details and permit my friend to stay back without any hassle?

No. He has to go through the process to apply for a visa again. His 'old' visa has been cancelled.

[nandybala]

Hi CR001,

Thanks very much for the quick reply. My friend's user name is 'balasugu' and he is unable to login to this website. He forgot his password and is unable to reset his password through his registered email address.

From what you say, it is going to be an uphill task for him. I suppose there is no alternative other than reapplying for the new visa.

[UKLL]

Hi CR001,

Thanks very much for the quick reply. My friend's user name is 'balasugu' and he is unable to login to this website. He forgot his password and is unable to reset his password through his registered email address.

From what you say, it is going to be an uphill task for him. I suppose there is no alternative other than reapplying for the new visa.

At least it's on the shortage occupancy and he doesn't need RLMT!

[nandybala]

Hi UKLL,

That is correct. His position has been and is in the shortage occupancy list.

Having listened to the experts here, I started reading more about when can my friend's current employer apply for this CoS. I came across a couple of pages from the government website talking about this.

https://www.gov.uk/tier-2-general
says,
"You can't:
apply for a second job until you’ve started working for your sponsor".

https://www.gov.uk/tier-2-general/second-job
says
"You can’t apply for a new visa until you’ve started work with your first sponsor."

Does all this mean that he must join his new employer in September and only then can his current employer initiate the next CoS application?
or
Can his current employer initiate CoS application immediately to target a Premium (same day) visa before my friend's start date in the new company thus preventing him from the hassle of even joining the new company?

How does the notice period fit into this definition? This is a grey area at least to me. Can anyone please shed some light on this.

Answers to the above questions will in turn answer the below question I hope:
Now that he is serving his notice period in his current company with a new BRP card of the new employer, will this be viewed by the UKVI as he has already started his new job?

[CR001]

No it does not mean that. The links you have provided is ONLY relevant to supplementary or second job (20 hours per week) with another employer who is NOT the main job sponsor.

To continue working for his current employer by retracting his resignation, he MUST apply for a new visa with a UCoS.

[nandybala]

Hi CR001,

Thanks for the clarity. My friend is highly relieved reading that response.

Since it is an UCoS (Unconditional), he does not even need to wait for the 10th of a calendar month to get his UCoS. The moment my friend's current employer makes their mind up to retain him, they can request the HR department to apply for an UCoS and go for a premium (same day) visa in a week. Please correct me if I am wrong anywhere.

[CR001]

Correct yes.

[nandybala]

Hi CR001,
Thanks very much for your response and the patience you are showing in replying to the queries. I really hope everything goes well for my friend next week. If it does go well, you are the person mainly responsible for that. Thanks again!