Changing Employers from Tier 2 to Tier 2

[manci]

your Q1 not understood.

[imm_applicant]

Sorry, I just meant that is there any way to track the status of my visa as it has been more than 4 weeks now?
And do they redeliver the documents or leave a note if we're not at home and miss a delivery of visa related documents?

your Q1 not understood.

[aryan87]

Is it almost certain that I dont have to resign from my current job before I apply for a new cos? Once I resign how much time do i legally have to stay in UK? And would I be contacted by UKVI about the time limit I have? is it true I have 60 days from the last day of work?

please respond guys! need advise URGENTLY!!!

[manci]

Is it almost certain that I dont have to resign from my current job before I apply for a new cos?
your new sponsor, not you, will apply for the new CoS and they can do so any time

Once I resign how much time do i legally have to stay in UK?
your leave will be curtailed to 60 days from the date UKVI make the curtailment decision (not from the termination date of your employment)

And would I be contacted by UKVI about the time limit I have?
yes, make sure they have your current address
is it true I have 60 days from the last day of work?
no, see above

please respond guys! need advise URGENTLY!!!

[aryan87]

Many thanks for your reply! Just for further clarification , I have 3 queries-
1.) once I resign, Do i first have 28 days from the last day of my employment to look for new sponsor and if i dont convert or leave the country then UKVI will give me further 60 days to do so?
2.) once I am given 60 days, Can I still look for new sponsor i.e Tier 2 employer in this 60 days period?
3.) Also my wife is on a Tier 2 dependent visa, She has already started a full time course in Uni, Can she convert to Tier 4 visa and then I can convert to Tier 4 dependent visa. Can we do this while we are in UK or we have to go back to our home country to convert to Tier 4. We have already paid the uni fees.

[aryan87]

Is it almost certain that I dont have to resign from my current job before I apply for a new cos?
your new sponsor, not you, will apply for the new CoS and they can do so any time

Once I resign how much time do i legally have to stay in UK?
your leave will be curtailed to 60 days from the date UKVI make the curtailment decision (not from the termination date of your employment)

And would I be contacted by UKVI about the time limit I have?
yes, make sure they have your current address
is it true I have 60 days from the last day of work?
no, see above

please respond guys! need advise URGENTLY!!!

Hi manci, could you please help me with query?
1.) once I resign, Do i first have 28 days from the last day of my employment to look for new sponsor and if i dont convert or leave the country then UKVI will give me further 60 days to do so?
2.) once I am given 60 days, Can I still look for new sponsor i.e Tier 2 employer in this 60 days period?

[manci]

Is it almost certain that I dont have to resign from my current job before I apply for a new cos?
your new sponsor, not you, will apply for the new CoS and they can do so any time

Once I resign how much time do i legally have to stay in UK?
your leave will be curtailed to 60 days from the date UKVI make the curtailment decision (not from the termination date of your employment)

And would I be contacted by UKVI about the time limit I have?
yes, make sure they have your current address
is it true I have 60 days from the last day of work?
no, see above

please respond guys! need advise URGENTLY!!!

Hi manci, could you please help me with query?
1.) once I resign, Do i first have 28 days from the last day of my employment to look for new sponsor and if i dont convert or leave the country then UKVI will give me further 60 days to do so?
no - when you resign nothing happens, when you actually finish work (at the end of your notice period) your employer will inform UKVI and they will curtail your visa to 60 days from the curtailment decision, not from the date of termination.

2.) once I am given 60 days, Can I still look for new sponsor i.e Tier 2 employer in this 60 days period? that is precisely what the 60 days are for but if you know that you will resign there is nothing to stop you from starting to look for a new sponsor now

[rockcbe]

HI Manci,

Thanks for all the good replies , I earlier discussed my situation in another forum regarding switching..

http://www.immigrationboards.com/uk-tie ... l#p1073498

I have a new employer from reputed company and they sent me the cos # yesterday . He said the system now instantly provides a cos number and said that's all that is required post RLMT . Bit confused as my understanding was it takes sometime after the RLMT is done and then they request and is appears in their SMS system...

I am planning to apply for visa in a few days..

Just the following questions..

1.) Can I apply online ? then print and submit in person etc?

https://www.gov.uk/tier-2-general/extend-your-visa -> then Apply Online towards middle of the page ?

2.) Do I need to submit like

- Offer Letter
- COS Letters ( confused as they suggested COS Number is enough)
- Maintenance Letters ( there is option to say previously proved maintenance), should i still request and submit them for myself and defendants
- English Language (there is option that says previously proved skills under tier 2),should i still submit them ?
- Other Docs like , Residence Proof, Marriage Certificate/Birth Certificate (Defendants)
- Photographs etc..

3.) No where during the application process it says change of employment .. IS this something that's added in the COS ?

Can you pls. shed some details.. I somehow feel it will be good if i wait till they give me a copy of COS and Iam so confused with docs...

Is there anything else I need to be worried about ??

Thanks again..

[missDH]

That's a very efficient list, thank you.

I have a question, once I get the new COS and apply for a new visa, do I need to stay in the country until I hear back from the authorities or can I leave the country during that period? I am asking because my job requires me travelling and as you mentioned it is better to resign only once the new visa is approved.

Thank you

[3lqrs]

Hi,

I'm under the risk of redundancy which can happen 30 days after announcement (date X). My notice period is longer than 30 days.

1. My HR told me that they'll notify UKBA in date X, immediately when redundancy takes place. What about my notice period? Doesn't that mean that I'll still have my notice period + 60 days to find another sponsor?
2. 60 days mentioned in visa rules, should they cover the whole process like finding a new sponsor, issuing a new SoC and applying for a new visa? Once application is submitted, can we just wait for decision as long as it will take?
3. My partner is on dependent visa and working in UK for licensed employer. Can she apply to Tier 2 General as the main applicant in UK? Should her provide English test results despite her worked for them for a year?

thanks a lot for any info

[manci]

Hi,

I'm under the risk of redundancy which can happen 30 days after announcement (date X). My notice period is longer than 30 days.
if it happens presumably they will be offering you pay in lieu of notice
1. My HR told me that they'll notify UKBA in date X, immediately when redundancy takes place. What about my notice period? Doesn't that mean that I'll still have my notice period + 60 days to find another sponsor?
your sponsor has to notify UKVI when your employment ends. This has nothing to do with your notice period which is not an immigration matter. After UKVI receives the notification from your sponsor they will curtail your leave to 60 days from the date of the decision (not from the date of the termination)
2. 60 days mentioned in visa rules, should they cover the whole process like finding a new sponsor, issuing a new CoS and applying for a new visa?
yes
Once application is submitted, can we just wait for decision as long as it will take?
yes
3. My partner is on dependent visa and working in UK for licensed employer. Can she apply to Tier 2 General as the main applicant in UK?
your partner can only apply from home country with a restricted CoS
Should her provide English test results
she will need to satisfy the English language requirements. Read the T2 policy guidance how this can be done.
despite her worked for them for a year?

thanks a lot for any info

[auga72]

Hello Manci

First of all thank you so much for your contribution on this forum. I can imagine the time you are spending to write on this just to help other. So, thanks a million and I do owe you for this.

My current sponsor's license is revoked by the UKVI and I have been told that I should find a new sponsor within the next 60 days. However, I have not received the letter from the UKBA yet.

I have completed 4 years and 2 months on this work-permit (Tier-2 General) and I have only 10 more months left to apply for my ILR. At this point I have been led down and been asked to find a sponsor, but me and my 3 dependents have visa till October 2016.

I initially arrived in the UK and started working on this Work-Permit from October 2010.

My questions are:


1) Will the change of sponsorship cause any issues for my ILR application? If I find a new sponsor and work for another 10 months, am I be eligible to apply for the ILR?

2) I could not find a straight forward answer on Fees for change of Sponsorship. How much per person (main applicant and dependents) do I have to pay to UKBA for transferring to a new sponsor.

3) If I cannot afford and show the required funds to apply now for my dependents and decide to send them back to my country, can they reenter once I have my ILR? If Yes, how could my wife do the 'Life in the UK Test' ?


Many thanks in advance for your help on this.

[manci]

Hello Manci

First of all thank you so much for your contribution on this forum. I can imagine the time you are spending to write on this just to help other. So, thanks a million and I do owe you for this.

My current sponsor's license is revoked by the UKVI and I have been told that I should find a new sponsor within the next 60 days. However, I have not received the letter from the UKBA yet.
the 60 days will be from the UKVI curtailment decision, not from the date of your termination. Currently there are delays in sending out curtailment letters but make sure UKVI have your current home address

I have completed 4 years and 2 months on this work-permit (Tier-2 General) and I have only 10 more months left to apply for my ILR. At this point I have been led down and been asked to find a sponsor, but me and my 3 dependents have visa till October 2016.

I initially arrived in the UK and started working on this Work-Permit from October 2010.

My questions are:


1) Will the change of sponsorship cause any issues for my ILR application? If I find a new sponsor and work for another 10 months, am I be eligible to apply for the ILR?
yes, you will be

2) I could not find a straight forward answer on Fees for change of Sponsorship. How much per person (main applicant and dependents) do I have to pay to UKBA for transferring to a new sponsor.
currently £601 both for main applicant and each dependant unless your new job will be a shortage occupation in which case it is £428 for main applicant and each dependant

3) If I cannot afford and show the required funds to apply now for my dependents and decide to send them back to my country, can they reenter once I have my ILR? If Yes, how could my wife do the 'Life in the UK Test' ?
read Q12 and Q13:
http://www.immigrationboards.com/indefi ... 79378.html

Many thanks in advance for your help on this.

[auga72]

Hi Manci,

Just to say thank you for answering my questions and directing me to the right FAQs too.

Thank you once again.
----

First of all thank you so much for your contribution on this forum. I can imagine the time you are spending to write on this just to help other. So, thanks a million and I do owe you for this.

My current sponsor's license is revoked by the UKVI and I have been told that I should find a new sponsor within the next 60 days. However, I have not received the letter from the UKBA yet.
the 60 days will be from the UKVI curtailment decision, not from the date of your termination. Currently there are delays in sending out curtailment letters but make sure UKVI have your current home address

I have completed 4 years and 2 months on this work-permit (Tier-2 General) and I have only 10 more months left to apply for my ILR. At this point I have been led down and been asked to find a sponsor, but me and my 3 dependents have visa till October 2016.

I initially arrived in the UK and started working on this Work-Permit from October 2010.

My questions are:


1) Will the change of sponsorship cause any issues for my ILR application? If I find a new sponsor and work for another 10 months, am I be eligible to apply for the ILR?
yes, you will be

2) I could not find a straight forward answer on Fees for change of Sponsorship. How much per person (main applicant and dependents) do I have to pay to UKBA for transferring to a new sponsor.
currently £601 both for main applicant and each dependant unless your new job will be a shortage occupation in which case it is £428 for main applicant and each dependant

3) If I cannot afford and show the required funds to apply now for my dependents and decide to send them back to my country, can they reenter once I have my ILR? If Yes, how could my wife do the 'Life in the UK Test' ?
read Q12 and Q13:
http://www.immigrationboards.com/indefi ... 79378.html

Many thanks in advance for your help on this.

[auga72]

________________________________
Hello all,
I have a question on the Q12 (below) as my situation is bit complicated
I would highly appreciate the comment on this and thank you in advance.

Q12 - Will my spouse / partner qualify with me for ILR?
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant. The (spouse/partner) dependant must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" stay in UK need not be as a "dependant" and can include "absences from UK".

Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period as a dependant of the principal migrant". This "5 year" stay in UK can include "absences from UK".

>> I have completed 4 years and 2 month on Tier-2G which means I have another 10 months to apply for ILR.

>> My wife and Children arrived after 6 months I arrived (March 2011) and completed 3 years and 9 months. And I know they will be eligible for ILR when I reach 5 years as they arrived before 08-Jul-2012.

But, my sponsor's License is revoked and I have to change my sponsor now. My new sponsor is charging huge amount hence I cannot afford for my dependents (Wife and children)

Question-1
If my dependents leave now (before transferring the sponsor) and come back on a VISIT visa after I obtain the ILR, Can I then apply directly ILR for them or do they have to complete another 5 years as dependents in the UK?
In other words: Will their current stay as dependents (3 years and 9 months) be counted OR Do they have to start afresh?


Question-2
Is there any other option in my situation? Any advice or suggestions will be highly appreciated.


Thank you all so much in advance

[vinny]

1. Visitors cannot switch to dependant nor to ILR status. If they apply for entry clearance as dependants, it's unclear.

2. When will your dependants' leave expire? If your leave isn't curtailed, then their leave shouldn't be either. They only have to extend, if their leave are expiring or being curtailed.

[shyamsharma]

Respected Mansi/Moderator..I am changing my employer and got lot of information from previous posts..

I dont want to inform current employer as i am working from home and got another short term project through another employer...

Doubt: 1) can payroll of both companies runs same time?

2) if not then can i go back to previous employer after 3-4 months

Thanks and Regards
Shyam

[auga72]

Hi Vinny,
Many thanks for your prompt reply and I honestly appreciate your help on this.
Please find my answers and my questions against your answers on the quote below.

1. Visitors cannot switch to dependant nor to ILR status. If they apply for entry clearance as dependants, it's unclear.
>> OK, I understand that they cannot come on a visit VISA and apply for ILR, but is there a VISA that I could apply for them as dependant if they are in Sri Lanka if I have got my ILR?


2. When will your dependants' leave expire? If your leave isn't curtailed, then their leave shouldn't be either. They only have to extend, if their leave are expiring or being curtailed.
>> I know my situation is bit complicated But let me try and explain.
I have not received the letter from UKVI yet, but my sponsor informed me that their license is revoked. So, I am looking for new sponsor. Me and my dependants have VISA till October 2016, but I understand if my sponsorship is cancelled the VISA has not validity to stay in the country.
I have found a new sponsor, but I do not have the money to show funds and to pay transfer charges for my dependants. Therefore I have decided to send them back, but they have completed 3 years and 9 months as dependants in the UK. I have completed 4 years and 2 months, which means I have only 10 months for my ILR
My Question
Q1. Can MY Dependants come back AFTER I obtain my ILR in 10 months and apply for their ILR?
Q2. Will their current stay of 3 years and 9 months be calculated when they come back to APPLY for the ILR?
OR Do they have to start afresh? Which would be then 5 more years for their ILR?

Many thanks in advance

[auga72]

________________________________
Hi Manci,
I have a question on the Q12 (below) as my situation is bit complicated
I am posting here because my issue is to do with changing employer. I would highly appreciate the comment on this and thank you in advance.

Q12 - Will my spouse / partner qualify with me for ILR?
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK (196D).
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant. The (spouse/partner) dependant must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" stay in UK need not be as a "dependant" and can include "absences from UK".

Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period as a dependant of the principal migrant". This "5 year" stay in UK can include "absences from UK".

>> I have completed 4 years and 2 month on Tier-2G which means I have another 10 months to apply for ILR.

>> My wife and Children arrived after 6 months I arrived (March 2011) and completed 3 years and 9 months. And I know they will be eligible for ILR when I reach 5 years as they arrived before 08-Jul-2012.

But, my sponsor's License is revoked and I have to change my sponsor now. My new sponsor is charging huge amount hence I cannot afford for my dependents (Wife and children)

Question-1
If my dependents leave now (before transferring the sponsor) in WHAT visa they could come back after I obtain the ILR, Can I then apply directly ILR for them or do they have to complete another 5 years as dependents in the UK?
In other words: Will their current stay as dependents (3 years and 9 months) be counted OR Do they have to start afresh?


Question-2
Is there any other option in my situation? Any advice or suggestions will be highly appreciated.


Thank you so much in advance.

[vinny]

As Mancini explained, your understanding is incorrect. Your and your dependants' leave remains valid until their expiry or expiry of curtailment. If you are successful in getting a new Tier 2 (General) leave with your new employer in-time, then your dependants' leave may not have been curtailed and remain valid until expiry.

[manci]

_ my sponsor's License is revoked and I have to change my sponsor now. My new sponsor is charging huge amount hence I cannot afford for my dependents (Wife and children)

Your new sponsor is likely to be operating illegally and if UKVI find out their licence will also be revoked. Better look for a genuine sponsor.

[auga72]

As Mancini explained, your understanding is incorrect. Your and your dependants' leave remains valid until their expiry or expiry of curtailment. If you are successful in getting a new Tier 2 (General) leave with your new employer in-time, then your dependants' leave may not have been curtailed and remain valid until expiry.

Thank you for the Reply Vinny..!
But my situation is bit different. I have various other reasons also for me to send my family back during this time of sponsorship change.

My Question is: If they leave now, (1) Will their stay of 3 years and 9 months be lost?
In other words, in 10 months time I could obtain the ILR and my hope is to bring them back after I obtain the ILR.

(2) Can they come back after I obtain the ILR and if YES, in what VISA they could come?

(3) And can I then apply for ILR for them using the 3 years and 9 months of their stay now?

Thank you again

[auga72]

_ my sponsor's License is revoked and I have to change my sponsor now. My new sponsor is charging huge amount hence I cannot afford for my dependents (Wife and children)

Your new sponsor is likely to be operating illegally and if UKVI find out their licence will also be revoked. Better look for a genuine sponsor.

I do understand what you mean Manci, but I don't have a choice. I have only 10 more months left to apply for the ILR and I am just trying to transfer my sponsorship to a new sponsor in order to complete this 10 months. And then bring my family back.

My Question is:
If they leave now, (1) Will their stay of 3 years and 9 months be lost?
In other words, in 10 months time I could obtain the ILR and my hope is to bring them back after I obtain the ILR.

(2) Can they come back after I obtain the ILR and if YES, in what VISA they could come?

(3) And can I then apply for ILR for them using the 3 years and 9 months of their stay now?

Thank you

[manci]

Provided your and your dependants' leaves have not been curtailed yet, and you already have the CoS from the new sponsor, apply asap but only yourself. Your dependants' leaves only expire in Oct 16 and they can either remain in the UK or travel to India on their present visas.

re your dependants' ILR read Q12:
http://www.immigrationboards.com/indefi ... 79378.html

A word of warning: from the description of your new sponsor they are likely to derive a profit from your continued employment and may be reluctant to give you the certificate necessary for your ILR application as once you have ILR you will be free from immigration control and can change jobs freely.

[auga72]

Thank you Manci..! You are a good man..! BTW. Happy New Year and you may have a Prosperous year 2015

Sorry to be a pain but I have few more questions

Provided your and your dependants' leaves have not been curtailed yet, and you already have the CoS from the new sponsor, apply asap but only yourself. Your dependants' leaves only expire in Oct 16 and they can either remain in the UK or travel to India on their present visas.
Our leave have not been curtailed yet, but I do not have the CoS yet. I am still in the process of discussing with few sponsors. Due to the Christmas and New Year Holidays, I am unable to find right people and unable to speak to my old sponsor either.

I know the CoS could take up to a month or more as my job has to be advertised. So, I understand if our leave is curtailed before I obtain the new CoS, I would have to apply for the whole family rather than just me.

Question
>> In such situation, if my dependants go back, will they be able to come back on any dependant VISA?

>> If they come back, can I then apply for ILR using the 3 years and 9 months what they have stayed now?

A word of warning: from the description of your new sponsor they are likely to derive a profit from your continued employment and may be reluctant to give you the certificate necessary for your ILR application as once you have ILR you will be free from immigration control and can change jobs freely.
Yes, I know exactly what you mean Manci and thank you for your advice on this. My current sponsor ate my money what I had earned for past 4 years, saying 'the company went bankrupt' But I cannot do anything about it as I just have only 10 months left for my ILR and I have to just move on and achieve this.
Thank you for all your help and advices. I do really appreciate and I owe you for this. Have a wonderful New Year