Work permit holder looking for change of Job (new employer)

[dvkrn]

Hello,

i am currently on my work permit that was issued nov 2008 with sponsor certificate. I have exactly 14 months for completion of 5 year period.

There are few issues with my current employer-pay cuts etc., So I am hoping to find another job with a new company. The new company is willing to sponser Tier2 visa.

1. What are the things I should look out in changing to new Tier 2 visa with regards to ILR next year ?
2. Do I have to show maintenance of funds when switching from work permit to Tier 2 ?

Help and advice would be much appreciated !

Thanks

[manci]

If you are a Qualifying Work Permit holder you are eligible to switch to Tier 2 General and maintenance will not have to be shown. Time as a Qualifying Work Permit holder and Tier2 sponsored migrant are aggregated for ILR provided you comply with all the conditions for ILR.

The most important thing is not to give notice to your current sponsor/employer until a CoS has actually been assigned to you by the new sponsor. This is because there are various hurdles on the way to getting a CoS. Your new sponsor should already have a T2G sponsor licence with available CoS allocation for the current year, successfully carry out a Resident Labour Market Test (takes 28 days), the job should be at NQF6 level with a salary at least the minimum stated in the codes of practice, etc.

[dvkrn]

Thanks Manci..

Really appreciate it !

I was worried on the money - maintenance front big time. Thanks for the word of caution from COS point of view. I need a change desperately from my current employer and was worried that I might have to wait for 6 months ! 3 months to save up money and 3 months notice .

COS doesn't seem to be a big issue with the type of work I do, I am finding many sponsers who are willing to employ me.

I am extremly delighted.. Fingers crossed lets see how this goes..

Once again Thank YOu

[brian78]

hi
please could you advise what are the steps for my situation

i am actually on a work permit and my work permit is finishing in 2 months. the problem is that my employer does not want to give the letter to enable me to apply for the ILR but he is happy to extent my WP to a Tier 2.

the other problem is that i cant find any SOC code for my job title. so do i still have to do a resident market labour test for the extension.

please could u advise if you would know anything about that

thank you

[manci]

Brian, please continue in your original post

[dvkrn]

Hello Manci,

Thanks for your advice.

My current employer is making a big redundancy ! Fortunately, I have found another employer who is willing to sponsor COS for a new job.

My workpermit with the existing employer ends nov 2013, by this time I should qualify for ILR.

FOr a workpermit holder, issued september 2008, what is my current status that I should choose on the application form ?

Also, I don't need to prove my english language I suppose, since I already have a work permit issued ?

If am taking a new job with the new COS what should I do ? I do know that I need to apply for tier 2 visa, but i m a bit confused by the following statement "Business and Commercial work permits (except multiple entry work permits) including Intra-Company Transfer work permits;"

guidance notes no.15,

More over in the application form for Tier 2, I am struggling to select my current status in the following list, (sorry to cut and past a long list)

L5. What is your current or last grant of leave?
Tick what category your current or last grant of leave is in:
Tier 1 (General) migrant Go to Section M
Tier 1 (Entrepreneur) migrant Go to Section M
Table 1 (Graduate Entrepreneur) Go to Section M
Tier 1 (Post study Work) migrant Go to Section M

Tier 1 (Investor) Go to Section M
Tier 2 (General) migrant Go to Section M
Tier 2 (Intra Company Transfer; Established Staff) if you are changing sponsor Go to Section M

Tier 2 (Intra Company Transfer) under the rules in place before 6 April 2010 if you are changing sponsor Go to Section M

Tier 2 (Minister of Religion) migrant Go to Section M
Tier 2 (Sportsperson) migrant Go to Section M
Highly Skilled migrant Go to Section M

Innovator Go to Section M
Jewish Agency Employee Go to Section M
Member of the Operational Ground Staff of an Overseas-owned Airline Go to Section M
Minister of Religion, Missionary or Member of a Religious Order Go to Section M
Overseas Qualified Nurse or Midwife Go to Section M
Participant in the Fresh Talent: Working in Scotland Scheme Go to Section M
Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme) Go to Section M

Person Writing Up a Thesis Go to question L6
Postgraduate Doctor or Dentist Go to question L6

Qualifying Work Permit Holder Go to Section M
Representative of an Overseas Business Go to Section M
Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation
Go to Section M

a student - go to question L6
a Student Re-Sitting an Examination - go to question L6

a Student Nurse - go to question L6
a Student Union Sabbatical Officer - go to question L6


Tier 2 Application Form & Help (Version 10/2012) - page 30
TIER 2 APPLICATION FORM
a Tier 5 (Temporary Worker) migrant in the Creative and Sporting sub-category for a job as a professional footballer Go to Section M

as the partner of a Tier 4 migrant if the relevant Points Based System migrant is a Tier 4 migrant Go to Section M
a Tier 2 (Intra Company Transfer) migrant in the Long Term Staff sub-category Go to question L10

a Tier 2 (Intra Company Transfer) migrant in the Established Staff sub-category under the Rules in place before 6 April 2011 Go to question L10

a Tier 2 (Intra Company Transfer) migrant granted under the Rules in place before 6 April 2010 Go to question L10

a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer Go to question L10
as a representative of an overseas Business Go to question L10
a Tier 2 (Intra Company Transfer) migrant in the Short Term Staff sub-category
a Tier 2 (Intra Company Transfer) migrant in the Graduate Trainee sub-category
a Tier 2 (Intra Company Transfer) migrant in the Skills Transfer sub-category
Other Go to Section M


Your help is invaluable for me. Thanks in advance.

[manci]

is your work permit a Business and Commercial work permit, not multiple entry and were you the subject of an intra company transfer at the time when the work permit was issued in 2008?

[dvkrn]

I am definitely not a Intra Company work transfer.

I moved into my work permit from Post Study Visa. My visa only says as resident permit. My company did sponsor my workpermit for 60 months.

I am looking at my letter as well, it doesn't clearly say what type of work permit.

I am a bit confused..

[manci]

In order to switch from work permit employment to Tier 2 General you must be a Qualifying Work Permit Holder the definition of which under Part 6A of the Immigration Rules is:

"Qualifying Work Permit Holder" means a Work Permit Holder who was issued a work permit in the business and commercial or sports and entertainment work permit categories.

From what you said it seems that you have a business and commercial work permit. Check that in the bottom left corner of the work permit the employer's name, your occupation and salary are given.

Once you switched to T2G your time as a work permit holder and T2G migrant will be aggregated for the 5 year residence requirement for ILR.

As far as completing the grant of leave application form is concerned:

L1 - Tier2 General - go to question L5
L5 - Qualifying Work Permit holder - go to section M (page 30)

In section M make sure that what you enter matches exactly what is in the CoS in way of job title, salary and allowances. You must of course have a CoS before you can apply.

Maintenance and English are not required in your case as you have current leave as a work permit holder

[dvkrn]

thank you

[dvkrn]

When is the right time it resign from my current employer (work permit).

will it be after my new Tier2 Visa or as soon as I get my COS?

I was hoping that I can book for PEO as soon as I get my new Tier2 COS, and then on the same day submit my resignation (pending on outcome).

Have you also got Any idea on time scales for getting a COS by an employer ,? Their official resident labour test ends on March 20th, . When would be the right for Me to book a PEO appointment online? Do I have to pay up upfront ?

Should I book an appointment for say April 1st week or 2nd week or wait for my new employer to give me new COS, fill online form and then book an appointment ?

I also have a 3 month notice period with my current employer, can I point that I no longer work under their COS hence I can't work for such a long time. I do want to move on quickly .

I do apologise some are silly questions.

Thanks a lot for your valuable advise.

[manci]

It would be unwise to resign until your application has been approved by UKBA otherwise. if there are any problems with the application and it is refused, you will have further problems. Read para 197 of the T2 policy guidance

Your employment contract is a separate issue from immigration and you will need to consider its terms when agreeing a work start date with the new sponsor.

If the new sponsor has an avaialable T2G allocation, and once the RLMT has been successfully completed, the actual assignment of the CoS is done online and takes about 20 minutes.

[dvkrn]

Thank You

[dvkrn]

Thanks for all the help..