Changing employer just before current visa expires

[wuhanmatt]

Hi,

I am currently on a Tier 2 work visa which is set to expire on the 5th of Feb (in 4 days). I have applied to extend it with my current employer and have received support from the employer, have paid the fees (including the IHS), and have my visa appointment to submit my documents on 4 Feb (in 3 days). I understand the application may take 8 weeks to process, and I can continue working at my current employer while it is processed.

This is where it get complicated!

Last week I was offered a job with a different employer that I have verbally accepted. The new employer will provide a COS, however, they need a start date. In normal circumstances, I would apply to transfer my visa and then once I have confirmed my eligibility to work at the new employer I would hand in my 4 week notice at my current employer and then start at the new employer.

However, because of my visa situation I can not do this and I am not sure how to proceed. Some options are:

1) I continue with my visa renewal with my current employer, and then when my visa is renewed I immediately transfer/update it to my new employer, and once that is approved I hand in my notice. I think this whole process would mean I cannot start at my position for several months? Probably about 4 or more months? That would not suit my new employer.

2) I withdraw my current application (which I can do before my interview appointment), and then apply for a visa with my new employer. However, my Visa will expire this week, before the new visa is processed. Does that mean I need to stop working at my current company and maybe even leave the country?

3) Are there any other options? My intent is to start work at the new employer as soon as possible.

I really dont know what to do, I dont want to miss this great new job opportunity.

Thanks,

Matt

[Sv2018]

Is not it the priority services resumed for skilled visa (In country) in the UK?
May be if this is possible you can expedite the process by choosing priority service for your current visa application.
Once you have received the decision, you may consider changing the employer, that would avoid you being overstayer if you withdraw your current application.

[wuhanmatt]

Thanks for the reply.

Because my interview/document submission is this week, it is too late to apply for priority and pay extra.

But I think you are right. I am planning on continuing with my current application, hope it gets approved quickly (the very helpful forum thread suggests approval could be a few days, or could be a month!), and then applying to update to the new employer. I dont see another way to do it.

[Frontier Mole]

There is another option

Depending on your ability to survive without a months salary the best option is to withdraw your current application and immediately submit a new application with your new employers COS

HOWEVER there is an issue - you need your current employer to withdraw their COS to let a new one be issued. You can only have one live COS in the system at any one time.

Obviously on the expiry of the current visa you will no longer be able to work for your current employer. No need for a notice period either.

[wuhanmatt]

Thanks for the suggestion,

I am contractually obligated to work out my contract period, and its the right thing to do, so I don't think that is really an option. Also, given the timelines and "efficiency" of my current company HR, I doubt they could withdraw my COS before my visa expires.

Nice idea though!

[Frontier Mole]

No matter what your contact states if you withdraw your visa application they can not employ you beyond your visa expiry date.

They can muck you about by not withdrawing the COS and you will struggle to enforce a withdrawal because there is no provision in guidance to force a COS to be withdrawn by the migrant.

All a bit messy and confrontational but it really depends on how much you want the other role.

[hw620]

Hi,

I am currently on a Tier 2 work visa which is set to expire on the 5th of Feb (in 4 days). I have applied to extend it with my current employer and have received support from the employer, have paid the fees (including the IHS), and have my visa appointment to submit my documents on 4 Feb (in 3 days). I understand the application may take 8 weeks to process, and I can continue working at my current employer while it is processed.

This is where it get complicated!

Last week I was offered a job with a different employer that I have verbally accepted. The new employer will provide a COS, however, they need a start date. In normal circumstances, I would apply to transfer my visa and then once I have confirmed my eligibility to work at the new employer I would hand in my 4 week notice at my current employer and then start at the new employer.

However, because of my visa situation I can not do this and I am not sure how to proceed. Some options are:

1) I continue with my visa renewal with my current employer, and then when my visa is renewed I immediately transfer/update it to my new employer, and once that is approved I hand in my notice. I think this whole process would mean I cannot start at my position for several months? Probably about 4 or more months? That would not suit my new employer.

2) I withdraw my current application (which I can do before my interview appointment), and then apply for a visa with my new employer. However, my Visa will expire this week, before the new visa is processed. Does that mean I need to stop working at my current company and maybe even leave the country?

3) Are there any other options? My intent is to start work at the new employer as soon as possible.

I really dont know what to do, I dont want to miss this great new job opportunity.

Thanks,

Matt

Hi Matt
May I ask how you solved your issue? Did you continue your original application or you cancelled it?
I probably have the same issue. thank you for your kind reply.

[lolo2]

The new employer will provide a COS, however, they need a start date. In normal circumstances, I would apply to transfer my visa and then once I have confirmed my eligibility to work at the new employer I would hand in my 4 week notice at my current employer and then start at the new employer.

However, because of my visa situation I can not do this and I am not sure how to proceed. Some options are:

1) I continue with my visa renewal with my current employer, and then when my visa is renewed I immediately transfer/update it to my new employer, and once that is approved I hand in my notice.

Just to let you know that there is no such thing as a visa transfer between employers.

You need to do all the process again with a new employer: CoS, pay the fees, biometrics, etc.