Question about changing tier 2 visas

[lindyhopper]

Hello. I am new to this forum so apologies if these questions have been asked elsewhere.

I am currently on a tier 2 general visa (sponsored by my employer), and am about to switch employers, who will also sponsor me on a tier 2 general visa. So few questions:

1. How much time should I expect it will take my new employer to obtain my new visa (from inside the UK)?

2. If I leave my current employer on May 30, but choose not to start with my new employer until June 15, can I travel outside of the UK during that timeframe? For example, I am a US citizen so technically, I don't need a visa if I were a tourist. Therefore, if I travel outside the UK, I assume I should be able to re-enter the UK as a tourist, until the new visa is granted. Is that true?

3. If there is a 2-week gap between my current tier 2 visa and the new tier 2 visa, does not create any problems should I end up in the Uk long enough for Indefinite Leave to Remain? (e.g. is any gap allowed between two tier-2 general visas, just sponsored by different employers).

Thanks so much for your help!!

[Greenie]

when do you plan on making your tier 2 application?

[lindyhopper]

My new employer would start the application process this week.

[Greenie]

what do you mean 'start the process this week' at what stage are you - do they have a sponsor license? Have they issued you a CoS? It's you who needs to make your tier 2 application once you have been issued a CoS - when do you intend on making this application?

[lindyhopper]

The company has a sponsor license and will hire an agency to handle the full process. I don't anticipate having to do anything except when they have the forms/documentation for me to fill out.

If you can't answer the questions on the length of time because of this, that is fine.

I'm more concerned with questions 2&3 that I listed.

Thanks for your help.

[geriatrix]

1. This should give you an idea.
2. Yes, but then you'll need to exit UK (remember, you entered as a tourist) and then re-enter UK as a PBS migrant. If aiming for settlement as PBS migrant (seems you are), this will break your continuous residence in a qualifying category.
3. No, as long as you submit an in-time application.


How will you travel when your application .. and your passport .. is with UKBA ? Do you have more than one passport?

[manci]

Re. your point 1, the employer only obtains the CoS, you have to apply for the visa.

Unless you are exempt, has the new sponsor already done a resident labour market test (takes 28 days) which is necessary for assigning a CoS to you?

Only after you have the CoS can you apply for the visa and the earliest you can actually start work for the new employer is either the work start date in the CoS or the receipt of the approval letter from the Home Office, whichever the later.

When you leave your current employment your visa will be curtailed, ususally to 60 days from the time of the decision. Once that happens you need to be in a position to apply for the new visa during the validity of your leave, otherwise you will have to leave the UK and apply from abroad. If that happens continuity of residence for ILR purposes will also be broken.

ILR requires 5 years continuous lawful residence excluding holidays and short business trips. Time in the UK as a tourist does not count and continuity would certainly be broken.

In light of the above I think you ought to re-think your travel plans. It would be best to travel while you are still in your current employment, if you can (paid leave?)

[lindyhopper]

Manci - thank you so much. very helpful.

In this case, I am except from the resident labor market test so there isn't a 28 day wait.

When you say "When you leave your current employment your visa will be curtailed, ususally to 60 days from the time of the decision". Does that mean 60 days from my last day with my current employer? I'm trying to understand if I'd be working with my current employer during these 60 days or not - especially given that my notice period is 3 months.

Also, how early can the new employer visa be issued? Meaning, if my new visa is issued for June 1, but I dont want to start until June 15, is that possible?

Basically, I'm trying to figure out if there is a way for me to be able to leave the country without impacting my status for ILR (i'm already 2.5 years in, so I don't want to lose that).

Thanks!

[manci]

When you say "When you leave your current employment your visa will be curtailed, ususally to 60 days from the time of the decision". Does that mean 60 days from my last day with my current employer? I'm trying to understand if I'd be working with my current employer during these 60 days or not - especially given that my notice period is 3 months.

When your current employment and sponsorship terminate your sponsor has to report this to UKBA. The 60 days don't start on the day you finish your employment but when UKBA actually take the decision to curtail your visa which will obviously be afterwards but one cannot tell how much later.

I don't quite understand how your notice period comes into this. Have you already given notice and, if so, when does it expire?

After you stopped working for your current employer and your visa is curtailed you will be staying lawfully in the UK during the 60+ day period but you cannot work until your new CoS and visa allows you to (see my previous post)

If you leave the UK during the 60+ day period although your leave to remain in the UK is still valid I don't think you can re-enter on the curtailed visa because the visa is tied to the CoS which you no longer have. However, I'm not 100% certain on this point because I don't know what condition will be attached to the curtailed visa.

I think the safest way not to risk a break in the 5 year continuous period would be to only travel when you are in employment, either in your old job or the new one.

[lindyhopper]

Thanks Manci - you have been really helpful!

Sounds like my notice period is not relevant.

One other question: can my CoS and new visa get issued in advance of my start date, and if so, is there a restriction on the number of days in advance of my start date?

[singkum]

When your current employment and sponsorship terminate your sponsor has to report this to UKBA. The 60 days don't start on the day you finish your employment but when UKBA actually take the decision to curtail your visa which will obviously be afterwards but one cannot tell how much later.

I have a query- 60 day period is for old work permit holders also? I read somewhere on this forum that unlike tier 2 holders, work permit holders have only 28 days to apply for new visa. Is it true? Also, does anyone have any idea about how long UKBA takes to make decision after the company informs them that the sponsored person no longer works for them?

[manci]

One other question: can my CoS and new visa get issued in advance of my start date, and if so, is there a restriction on the number of days in advance of my start date?

This is from the Tier 2 policy guidance:
167. You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.
168. If you are applying from inside the UK, you should apply before your current leave expires. If you do not, you will be classed as an overstayer, which could affect any future applications you make.

[manci]

I have a query- 60 day period is for old work permit holders also? I read somewhere on this forum that unlike tier 2 holders, work permit holders have only 28 days to apply for new visa. Is it true? Also, does anyone have any idea about how long UKBA takes to make decision after the company informs them that the sponsored person no longer works for them?[

The rules for work permit holders changing employment are here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
but I'm not sure if this is still a current document. Suggest you ask UKBA (0870 606 7766) and post what they say on the forum.

[singkum]

I have a query- 60 day period is for old work permit holders also? I read somewhere on this forum that unlike tier 2 holders, work permit holders have only 28 days to apply for new visa. Is it true? Also, does anyone have any idea about how long UKBA takes to make decision after the company informs them that the sponsored person no longer works for them?[

The rules for work permit holders changing employment are here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
but I'm not sure if this is still a current document. Suggest you ask UKBA (0870 606 7766) and post what they say on the forum.

Thanks. I called at the number. The person who answered my query said that the application needs to be within 28 days from the last date of termination of employment. I also asked if i apply for Tier 2 visa, do i need to show proof of fund and english language skill. He told me to provide these proofs.
However, I had asked the same query to a immigration lawyer at my previous firm and he told me that the application needs to be made within 60 days.

[tango504]

I have a query- 60 day period is for old work permit holders also? I read somewhere on this forum that unlike tier 2 holders, work permit holders have only 28 days to apply for new visa. Is it true? Also, does anyone have any idea about how long UKBA takes to make decision after the company informs them that the sponsored person no longer works for them?[

The rules for work permit holders changing employment are here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
but I'm not sure if this is still a current document. Suggest you ask UKBA (0870 606 7766) and post what they say on the forum.

Thanks. I called at the number. The person who answered my query said that the application needs to be within 28 days from the last date of termination of employment. I also asked if i apply for Tier 2 visa, do i need to show proof of fund and english language skill. He told me to provide these proofs.
However, I had asked the same query to a immigration lawyer at my previous firm and he told me that the application needs to be made within 60 days.

Hi there, I know this is a bit off topic - I'm on work permit (probably the last batch from 08 before the scheme's expired) and facing exactly the same problem. I'm planning to exit my job soon but not entirely sure how much time I can stay in the country post employment termination. I've been asking people who have switched jobs but was also given pretty different answers. If you happen to find out any 'official' answer please let me know!

[yasraz]

Hello. I am new to this forum so apologies if these questions have been asked elsewhere.

I am currently on a tier 2 general visa (sponsored by my employer), and am about to switch employers, who will also sponsor me on a tier 2 general visa. So few questions:

1. How much time should I expect it will take my new employer to obtain my new visa (from inside the UK)?

2. If I leave my current employer on May 30, but choose not to start with my new employer until June 15, can I travel outside of the UK during that timeframe? For example, I am a US citizen so technically, I don't need a visa if I were a tourist. Therefore, if I travel outside the UK, I assume I should be able to re-enter the UK as a tourist, until the new visa is granted. Is that true?

3. If there is a 2-week gap between my current tier 2 visa and the new tier 2 visa, does not create any problems should I end up in the Uk long enough for Indefinite Leave to Remain? (e.g. is any gap allowed between two tier-2 general visas, just sponsored by different employers).

Thanks so much for your help!!

Hi there,

Sorry to be msging you but I am in a very similar situation. My new job will be applying for a new CoS for me on Monday August 11th and the intended start date is the 1st of September. I will be on travels between August 14th and August 30th outside of the UK but my current employer has agreed to let me stay on their visa on unpaid leave until I receive my new visa.

1. How long did it take to get your new visa after applying? Did you have to send your passport? Or is there a way around it...
2. Where you able to go to your travels or not?

Cheers
Yasmin