Tier 2 General end of contract & change employer

[peakdis]

Hi Everyone,

Hope you are all safe during the pandemic.

I'm currently working at a University with a tier 2 general visa. My contract will end at the end of March and my visa will expire on mid April. I have been looking for jobs and will most likely get an offer soon. My questions are:

1. If my new employer provides me the CoS before my visa expires, which option should I do to obtain the new visa? Switch or extend?

2. If they cannot provide me the CoS before my current visa expires, do I have to go back to my home country before mid April and apply from there? If so, will the cooling-off period affect me?

Thank you in advance.

[CR001]

1. Extend, change of employer. Note that only having a CoS is not sufficient. You must apply and submit online before your current visa expires. Note also that a number of UKCVAS centres are already closed.

2. If you leave the UK then yes, you will be subject to the 12 months cooling off period, unless the limited exceptions apply to you.

[peakdis]

Thank you very much for the prompt reply.

Do you have any idea whether there will be any excpetion due to the coronavirus. For example, if I have to stay in the UK due to the travel restrictions (very likely, no flights back now already), will I be able to apply to extend after mid April?

Thank you.

[CR001]

Please keep an eye on any ukvi updates.

https://www.gov.uk/guidance/coronavirus ... rom-the-uk

[peakdis]

Thank you.

[lolo2]

Do you have any idea whether there will be any excpetion due to the coronavirus. For example, if I have to stay in the UK due to the travel restrictions (very likely, no flights back now already), will I be able to apply to extend after mid April?

Hi,

Just to add that you don't need to leave the country by the expiration date of your visa, you still can stay in the UK until you receive a notice letter from the Home Office, which seems to be likely to happen in a considerable time given the current circumstances. So, no need to be worrying about leaving the country shortly, and there's also travel restrictions anyway.

Were you able to get a job offer under this situation?

Good luck!

[peakdis]

Hi,

So in that case, will it still be OK if I get the offer and start the visa application after my visa expires but before the Home Office sends me the letter?

I expect to get a job offer 5-7 days before the visa expires (not 100% sure, if I don't get it I will then leave when possible). I am not sure whether 5-7 days will be enough for the HR to get a CoS.

Thank you.

[CR001]

You just apply BEFORE your visa expires. If you do not, you will be an overstayer.

Note that you do NOT get a curtailment letter if your visa has expired. A curtialment letter is sent to those who have 6 months or more left on the current visa reducing the visa validity to 60 days.

As you require a UCos, it can be assigned immediately providing the employer has spare Ines to issue.

[peakdis]

Thank you for the clarification!

Best wishes.

[lolo2]

CR001 is right, a curtailment letter is sent only if you have time remaining on your visa... sorry, my bad! this isolation is having secondary effects.

In this case, you must apply before your visa expires.

Cheers!

[peakdis]

Thanks. Stay safe & happy during isolation

[peakdis]

Hi Again,

I have applied to extend my visa to 31 May. May I ask the following questions:

1. Will it be fine if I get my COS and apply for the visa after the intial expiry date of my visa but before 31 May?

2. Because the visa application centres are currently closed, normally am I allowed to formally get salary from the university before I get the visa (but after I submit the application)

Thank you.

You just apply BEFORE your visa expires. If you do not, you will be an overstayer.

Note that you do NOT get a curtailment letter if your visa has expired. A curtialment letter is sent to those who have 6 months or more left on the current visa reducing the visa validity to 60 days.

As you require a UCos, it can be assigned immediately providing the employer has spare Ines to issue.

[lolo2]

Hi Again,

I have applied to extend my visa to 31 May. May I ask the following questions:

1. Will it be fine if I get my COS and apply for the visa after the intial expiry date of my visa but before 31 May?

2. Because the visa application centres are currently closed, normally am I allowed to formally get salary from the university before I get the visa (but after I submit the application)

Thank you.

1. As long as your extension is approved before the initial expiring date you can do so.

2. I don't think so. The University has to send your information to the HMRC, among other duties, so there is no way you can get paid before starting your position.

Hope it helps.