Changing Employers from Tier 2 to Tier 2

[janinah]

Hi Manci,

I have a quick question...

one of my cousin working for a company as a quality assurance manager for 2 years. Suddenly, their licence revoked and now he is looking to change employer. Our company can sponsor him but as a sales manager as our company is in different sector. is it possible to change employer from one soc to different soc code position ? please let me know ??/ thanks in advance....

Zaki

[manci]

@auga72
if you and your dependants' leaves are curtailed both you and they will have to apply again (assuming you find a new sponsor).

However, if your and their leaves are not curtailed because you managed to find a new sponsor before the curtailment decision, and since the dependants' leaves are valid until Oct 2016, the dependants can move in/out of the UK on their current visas until this time and there will be no need for them to re-apply until Oct 2016 or the expiry of your new leave whichever is sooner.

If their visas are curtailed and they leave the UK, and you remain here because you found a new sponsor, they can apply for entry clearance as PBS dependant before you get ILR. However, if they apply after you got ILR they would have to apply as family members of a settled person which would involve satisfying English and financial requirements and their ILR clocks would be reset. See:
https://www.gov.uk/join-family-in-uk/do ... to-provide

[manci]

Hi Manci,

I have a quick question...

one of my cousin working for a company as a quality assurance manager for 2 years. Suddenly, their licence revoked and now he is looking to change employer. Our company can sponsor him but as a sales manager as our company is in different sector. is it possible to change employer from one soc to different soc code position ?
yes it is, provided the the new job is NQF level 6 and his background is suitable for the role:
https://www.gov.uk/government/uploads/s ... _final.pdf

please let me know ??/ thanks in advance....

Zaki

[auga72]

This is very clear Manci..! Thank you so much..! Not sure whether you are a Solicitor, but you are very knowledgeable. Thank you once again.

@auga72
if you and your dependants' leaves are curtailed both you and they will have to apply again (assuming you find a new sponsor).

However, if your and their leaves are not curtailed because you managed to find a new sponsor before the curtailment decision, and since the dependants' leaves are valid until Oct 2016, the dependants can move in/out of the UK on their current visas until this time and there will be no need for them to re-apply until Oct 2016 or the expiry of your new leave whichever is sooner.

If their visas are curtailed and they leave the UK, and you remain here because you found a new sponsor, they can apply for entry clearance as PBS dependant before you get ILR. However, if they apply after you got ILR they would have to apply as family members of a settled person which would involve satisfying English and financial requirements and their ILR clocks would be reset. See:
https://www.gov.uk/join-family-in-uk/do ... to-provide

[auga72]

@auga72
However, if your and their leaves are not curtailed because you managed to find a new sponsor before the curtailment decision, and since the dependents' leaves are valid until Oct 2016, the dependents can move in/out of the UK on their current visas until this time and there will be no need for them to re-apply until Oct 2016 or the expiry of your new leave whichever is sooner.

Hello Manci
Mine and my dependents' leave are NOT CURTAILED YET.
I have found a sponsor and he had the job advertised already and he is able to give me a CoS immediately, but he is expecting me to pay for myself and my dependents transfer fees as he mentioned that I have to transfer myself and all the dependents under the NEW SPONSOR.
According to your above quote, if the leave are not curtailed, only the main applicant (myself) will have to apply NOT THE dependents. And their current VISA will let them in and out of the country until the current visa expiry date (October 2016)
Question..!
Do you have any link or PDF document saying this in the GOV website or any proof to show my NEW Sponsor that 'ONLY I WOULD NEED TO TRANSFER' Not the dependents.

Many thanks in advance.
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[manci]

@auga72
Applying for leave when changing employment will incur UKVI fees and whether the new sponsor reimburses these is a matter of agreement between the worker and the sponsor. The worker's dependants have nothing to do with the sponsor, the sponsor has no duties or responsibilities in connection with them.

[auga72]

@auga72
Applying for leave when changing employment will incur UKVI fees and whether the new sponsor reimburses these is a matter of agreement between the worker and the sponsor. The worker's dependants have nothing to do with the sponsor, the sponsor has no duties or responsibilities in connection with them.

I do understand that Manci. Here the question and the point I am trying to make is lost.

My question was based on your previous answer whether there is any evidence to the statement you have given saying
Since my dependants' and mine leave curtailment is not decided, if I change to a new sponsor, do my dependants too have to apply for transfer?
You have stated in your quote that 'since the visa of my dependants are only expiring in Oct 2016, they can be in the same visa and don't have to transfer while I am transfering.

Do you have any evidence from GOV website or anywhere it's mentioned that they can be on the same visa if the curtailment decision is not yet made?

[talk2ram28]

https://www.gov.uk/government/uploads/s ... _07-14.pdf

58. For example, where the Tier 2 Migrant is submitting an application because they are changing employment within Tier 2, neither the Tier 2 Migrant nor any family member is required to submit evidence that they meet the maintenance requirement.

This says that Tier 2 dependents needn't submit proof for evidence for funds when changing employers which actually suggests that application has to be made for dependents even when changing employers.

Anyone please correct me if I am wrong.

[manci]

@auga72
Applying for leave when changing employment will incur UKVI fees and whether the new sponsor reimburses these is a matter of agreement between the worker and the sponsor. The worker's dependants have nothing to do with the sponsor, the sponsor has no duties or responsibilities in connection with them.

I do understand that Manci. Here the question and the point I am trying to make is lost.

My question was based on your previous answer whether there is any evidence to the statement you have given saying
Since my dependants' and mine leave curtailment is not decided, if I change to a new sponsor, do my dependants too have to apply for transfer?
You have stated in your quote that 'since the visa of my dependants are only expiring in Oct 2016, they can be in the same visa and don't have to transfer while I am transfering.

Do you have any evidence from GOV website or anywhere it's mentioned that they can be on the same visa if the curtailment decision is not yet made?
there is no rule or statement that they cannot continue to be on a valid PBS dependant visa if the main applicant changes sponsor

[manci]

https://www.gov.uk/government/uploads/s ... _07-14.pdf

58. For example, where the Tier 2 Migrant is submitting an application because they are changing employment within Tier 2, neither the Tier 2 Migrant nor any family member is required to submit evidence that they meet the maintenance requirement.

This says that Tier 2 dependents needn't submit proof for evidence for funds when changing employers which actually suggests that application has to be made for dependents even when changing employers.

Anyone please correct me if I am wrong.
the PBS dependant can also apply when the main applicant changes employment, and in this case doesn't have to show maintenance, but s/he only has to apply before the dependant leave expires

[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

[shyamsharma]

Hi All,

Can I join old employer once Visa to new employer approved? Do I need to get new CoS from old employer in that case?
What is link to apply for Visa within UK for change from Tier 2 to Tier 2?

Regards
Shyam

[shyamsharma]

Hi All,

Can I join old employer once Visa to new employer approved? Do I need to get new CoS from old employer in that case?
What is link to apply for Visa within UK for change from Tier 2 to Tier 2?

Regards
Shyam

[Hetalvora]

Hello sorry got my answer

[Hetalvora]

Hi everyone......need a quick reply to my question pls
I have got the Tier 2 (General) Visa from last 3 years which I extended for another 3 years in Dec 2014. My role was BA but now I am planning to change my sponsor and the role as I have worked in the same field from long time. My new role is Web Designing and the pay also decreases by 8k.

Can I apply for this as there is the change of the role and we have just the extended visa last month so will UKBA approve my application?

And even my current employer is planning to cancel my sponsorship due to lack of work with him.

[gaurav7]

Hello All,

Very informative group. Sorry for hijacking it

I am planning to switch job and apply for Tier-2 (General) employer change application, that is taken as Visa extension application I believe. To get it faster, I am planning to use Premium or Priority service but have following questions:
1. Do I need to apply for my dependents as well with me, although their dependent visas are valid till July 2016.
2. I am confused by this on "Priority applications" website: "Dependant applications sent in different envelopes will be considered separately - they’ll be charged the full application fee if their applications don’t arrive on the same day as the main application." What will be the fees for our case. £901 or (£901*3) if I send in same envelope?
3. Our Initial Tier-2 visa (Entry clearance) was valid from 26th June 2013, while we entered on 15th July 2013. Now if I am changing employer and extend my visa, should I apply for 3 years visa or 5 years, as it seems to be on border line to complete 5 years in UK for ILR. Or I can request my new employer to issue CoS from 15th July 2015 (if possible) and apply for 3 years then? What you suggest.

Thank you very much in advance. Would really appreciate any thoughts on these.
Cheers

[manci]

Hello All,

Very informative group. Sorry for hijacking it

I am planning to switch job and apply for Tier-2 (General) employer change application, that is taken as Visa extension application I believe.
you will be making a change of employment application (extensions are for staying with the same sponsor)
To get it faster, I am planning to use Premium or Priority service but have following questions:
1. Do I need to apply for my dependents as well with me, although their dependent visas are valid till July 2016.
your dependants don't need to apply now, their visas remain valid until they expire.

2. I am confused by this on "Priority applications" website: "Dependant applications sent in different envelopes will be considered separately - they’ll be charged the full application fee if their applications don’t arrive on the same day as the main application." What will be the fees for our case. £901 or (£901*3) if I send in same envelope?

3. Our Initial Tier-2 visa (Entry clearance) was valid from 26th June 2013, while we entered on 15th July 2013. Now if I am changing employer and extend my visa, should I apply for 3 years visa or 5 years, as it seems to be on border line to complete 5 years in UK for ILR. Or I can request my new employer to issue CoS from 15th July 2015 (if possible) and apply for 3 years then? What you suggest.
your 5 year qualifying period for ILR started on 26 June 2013 (90 days concession). The UKVI fee for a longer than 3 year visa is twice what it is for a 3 year visa (£651/£1302). You are also subject to the 6 year cap, i.e. the max length of your stay is to 26 June 2019. How long a period you apply for. and from what date, will depend on the notice period in your current job and when they want you to start in the new job. The new CoS must reflect these considerations.

Thank you very much in advance. Would really appreciate any thoughts on these.
Cheers

[justdopposite]

Hi

Since there is a cap of 6 years on Tier 2 visas, what happens when someone on Tier 2 General visa is changing employment after 4 years ? How long will be the visa validity period on the new T2 visa under the new employer ? Do they issue Tier 2 general visa just for a 2 years, knowing that the applicant has already stayed on Tier 2 for 4 years ?

Many thanks

[manci]

Hi

Since there is a cap of 6 years on Tier 2 visas, what happens when someone on Tier 2 General visa is changing employment after 4 years ? How long will be the visa validity period on the new T2 visa under the new employer ? Do they issue Tier 2 general visa just for a 2 years, knowing that the applicant has already stayed on Tier 2 for 4 years ?
the new visa will be for the period of engagement or the length of the permitted stay (6 year cap) whichever is sooner

Many thanks

[gaurav7]

Hi,
Thanks a lot Manci for the detailed reply.

1. So that means to save on fees, I can have new CoS with any date after 26th June 2015 and apply for 3 years visa (to complete 5 years for ILR). Correct?
2. And if I don't change visa for dependents, will it impact their ILR application with me later on 5yrs completion in any way ?
3. Please suggest about the fees (point 2) in my previous post.

Thanks

[gvr.soft]

If anyone is looking for change of employer via tier-2, drop a note at gvrkamma @ gmail.com

[gaurav7]

Hi "gvr.soft" or Manci or other members,
Can you please reply to my questions.

Thanks
Gaurav

[prasadpatrudu]

Hi,

I'm one of the unluckiest guys with Tier 2(G) visa in hand from India.

I got my visa stamped in Nov 2014 with 3 years work permit, since then I've been waiting for my employer to call or respond to mails regarding the travel date. I'm done with waiting. All I want to know is can I apply for the some other job in UK using this Visa? or in which way I can use the existing visa?

Thanks in advance.

Regards,
Prasad

[gaurav7]

Hi Prasad,

That's really sad. Unfortunately I don't think the sponsored visa (linked to a particular COS number) can be used for any other job.

But I believe you should be able to do something legally against this employer, as you must have spent a good amount of money in getting the Tier2 visa stamped. As you must be having the offer letter and formal communication from the company, I suggest you first give the company a formal complaint regarding this situation and if they don't respond, you could contact UKBA regarding this matter.

My personal advice though, other experts can comment on this please.
All the best!!

Thanks
Gaurav

[joshw]

Hi guys,

I'm looking at changing jobs from Tier 2 to Tier 2 with another employer (i.e. transfer the visa);

1) can I apply for the transfer of visa whilst still in the UK?

2) my current work has attempted to put a clause in my contract to prevent transferring my visa to another sponsor, however my understanding is that they would have no control over that process?

3) Can I make the application for visa transfer prior to resigning from my current job? And then resign giving 4 weeks notice and work those 4 weeks under the new visa?

Thanks for the help
josh