WP to Tier 2

[gimineykricket]

Hello
I am in probably a common situation but after reading the boards and looking at the UKBA web site I just want to check that I am applying the correct process to my situation.

I am currently in the UK on a work sponsored work permit, due to expire in Feb 2013. I can apply for ILR at the end of Jan 2013 as I entered the UK on current WP in Feb 2008.

I am about to be offered another job, which I will probably accept. The new employer is on the list and able to issue COS for Tier 2 general.
My thoughts on process:

Get new COS issued and then apply for new Tier 2 (general) visa.
After getting new visa resign from current employment and accept new employment.

That process will probably take me over the time where I can apply for ILR, at which point I will apply for that and take it from there.

This process will, I believe eliminate the risk of me being in the UK without appropriate permissions.

My only concern is how long it will take to get the Tier 2 visa once the application has been made. Am I in danger of that application process running over my current WP limit of Feb 2013 and hence me getting into trouble that way.

The alternative is to apply for ILR on the back of my current Work Permit. Do it in person at a PEO so it doesn’t take up to 6 months and then being free of the visa restrictions and employer restrictions.

I would appreciate any suggestions or recommendations.

[timarli]

I would be careful with the timelines when doing such thing...

I think before your new visa is granted your previous employment must be already finished otherwise you'll be in breach of your new visa.

As far as I know, you should quit your current job, notice period ends then start the application for the second one.

But I would try to wait till I get the ILR on WP and then change the employer if possible.

[manci]

I would be careful with the timelines when doing such thing...

I think before your new visa is granted your previous employment must be already finished otherwise you'll be in breach of your new visa. this is incorrect

As far as I know, you should quit your current job, notice period ends then start the application for the second one. this is incorrect

But I would try to wait till I get the ILR on WP and then change the employer if possible.

Get new COS issued and then apply for new Tier 2 (general) visa.
After getting new visa resign from current employment and accept new employment.
This is the correct procedure but in your situation you should consider the timescale. When will the new employer be in a position to assign the CoS to you? Does he have a CoS allocation available, has he done the RLMT (unless an exception applies), is the new job at the appropriate NQF level and is the salary at least the minimum stated for the job SOC code?

The alternative is to apply for ILR on the back of my current Work Permit. Do it in person at a PEO so it doesn’t take up to 6 months and then being free of the visa restrictions and employer restrictions.
As far as eligibility for ILR is concerned you need to consider the requirements in immigration rule 134.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

[makky86]

Hello
I am in probably a common situation but after reading the boards and looking at the UKBA web site I just want to check that I am applying the correct process to my situation.

I am currently in the UK on a work sponsored work permit, due to expire in Feb 2013. I can apply for ILR at the end of Jan 2013 as I entered the UK on current WP in Feb 2008.

I am about to be offered another job, which I will probably accept. The new employer is on the list and able to issue COS for Tier 2 general.
My thoughts on process:

Get new COS issued and then apply for new Tier 2 (general) visa.
After getting new visa resign from current employment and accept new employment.

That process will probably take me over the time where I can apply for ILR, at which point I will apply for that and take it from there.

This process will, I believe eliminate the risk of me being in the UK without appropriate permissions.

My only concern is how long it will take to get the Tier 2 visa once the application has been made. Am I in danger of that application process running over my current WP limit of Feb 2013 and hence me getting into trouble that way.

The alternative is to apply for ILR on the back of my current Work Permit. Do it in person at a PEO so it doesn’t take up to 6 months and then being free of the visa restrictions and employer restrictions.

I would appreciate any suggestions or recommendations.

I would just site quitely and apply for ILR. Once you have ILR then go another job. currently Tier 2 is utter mess.

It can take months to get COS. So get ILR first and then job.