A year into Tier 2 few questions

[Shamino]

Hi all

Around this time last year, I was able to apply for a Tier 2 General visa, with the commencement date 31 January 2013.

I entered the UK on the 18th February 2013 and have been working with my company for over 3 years (I was originally on a Tier 5 visa)

Now I am thinking of my future and whether I should continue working for the company that sponsored me.

My questions include:

a) If I was to apply for another role, to my understanding I am not able to have to Restricted CoS at the same time. I would need my current company to withdraw their Restricted CoS assigned to me and request the new company to sponsor me. The new company would need to advertise the position for 28 days as well. I am a bit concern about the timing issues. If I got a job offer, would it be simply requesting my current employer to cancel my restricted CoS, terminate my position and letting the new company know to assign a new restricted CoS. By withdrawing the Restricted CoS, wouldn't this be a bit problematic, requiring me to leave the country and then coming back? I could easily leave to a different country, but I suppose there would be elements of risk involved right? For example, the new company having problems with applying for the new Restricted CoS, which I had with my current company last year

b) Given that I was able to get a Tier 2 General Visa for the date 31/01/2013, I am still eligible under the current rules for the Indefinite Leave to Remain correct? Originally I thought given that I was only able to apply for a 3 year visa, with a 3 year extension, this could pose a problem

Much appreciated for any advice in this regard. I wouldn't have minded staying with my company, if there was the possibility of some career progression, however, this does not seem like the case, and I need to think of the future, not only for myself, but family

Cheers

[manci]

you can switch to another T2G employment in-country with an unrestricted CoS from a new sponsor. Once you have the CoS apply for leave to remain. No need to tell your present employer anything before you hand in your resignation. Don't resign until your application has been approved by the HO

You will be eligible for ILR from 18 Feb 2018 - all periods under T2G are aggregated to make up the 5 year qualifying period (provided your stay has been continuous and lawful).

[Shamino]

Hi Manci

Much appreciated for your response, your a shining gem to this immigrationboards

I always thought that if you were sponsored with a restricted CoS, that you couldn't get an unrestricted CoS from a new sponsor.

How would I apply for leave to remain?

Based on your answer to apply for the employer to apply for an unrestricted CoS, does that mean I can apply for any jobs without the need to prove my position cannot be fulfilled by the current job market?

Looking forward to hearing from you

Cheers

[manci]

I always thought that if you were sponsored with a restricted CoS, that you couldn't get an unrestricted CoS from a new sponsor.
no, restricted CoSs are only required for entry clearance applications

How would I apply for leave to remain?
online or on the paper form once you have a CoS

Based on your answer to apply for the employer to apply for an unrestricted CoS, does that mean I can apply for any jobs without the need to prove my position cannot be fulfilled by the current job market?
if the sponsor has an unrestricted CoS allocation available for you they can assign the CoS online but an RLMT will be required before they can do so. Also, the job will have to be NQF level 6 with appropriate salary.

[Shamino]

Ahh thanks again Manci

Since I got my Tier 2 Visa (general) on the 31/01/2013

In regards to the Tier 2 visa extension, do I have to be earning £35,000 for all three years to be eligible for the extension?

Or can this just be the last year?

This is also one reason I need to switch jobs if possible

Cheers

[iworker]

you do not need to be earning 35k for he extension.
you have to earn at least 20800 or what ur SOC code says, whichever is higher.

35k requirement is for the ILR at the end of your 5 years, provided your occupation is not on the shortage occupation list.

[Shamino]

Much appreciated Iworker



Makes it a bit easier knowing that I'm not sent home after the 3rd year