Change of employer - Travel implications

[Jethro22]

Hi Team

My colleague's visa is currently Tier 2 (General). However, she recently found a new employer who is willing to sponsor her, and so her new visa will be Tier 2 (General - Changes of Employment). As she has a notice period of 13 weeks, she will formally hand in her notice on 30 November 2018. Her last day at work will be 1 March 2019, whilst the agreed start date with the new employer is 4 March 2019.

Her new employer will conduct a resident labour market test in November 2019 and will apply for CoS in December 2018. If successful, they then expect to assign the CoS to her in December 2019 as well. However, she will be away from the UK during the full month of December 2018 and will return in January 2019. She plans to initiate the visa application from within the UK on her return in January 2019.

So the question is: If the CoS is applied in December 2019 and assigned to her in the same month, will she be able to return to the UK without any issues, given that her existing visa is tied into his current employer whilst she has a CoS with her new employer?

I look forward to your feedback.

Many thanks as usual.

[CR001]

A CoS being assigned does not invalidate her existing visa.

She is free to travel as long as her current visa is valid.

[Jethro22]

Thank you very much, CR001.

On the other hand, in initiating her visa application from within the UK, she plans to use the optional premium service to help speed up the process. The relevant fee will not be paid by her new employer though. Her options and the fees are:

(1) Priority visa service - settlement (£573)
(2) Priority visa service - non-settlement (£212)
(3) Super priority visa service (£956)

Is my understanding correct that she should use option 2?

Many thanks.

[CR001]

Correct. That fee plus the visa fee. She can also apply in person for a same day decision for £610 plus visa fee.

[Jethro22]

Thank you very much, CR001.

Just one final clarification.

If the CoS application in December 2018 was not successful for any reason, and her current employer already informed Home Office about her resignation through SMS on the same day that she handed in her notice on 30 November 2018, will she be able to return to the UK in January 2019 without any issue?

My guess is that she is concerned about the curtailment period.

Many thanks in advance.

[CR001]

Her current emoyer is only required to inform HO within 10 days of her last day there. Until she leaves, she is still being sponsored by them.

[Jethro22]

I see - that's really helpful. Thanks again CR001.