Tier 2 Redundancy

[sailor48]

Hi all,

I have been in UK since July 2010 and having Tier 2 (ICT) visa which expires by July 2013.
Unfortunately, I was notified for redundancy this week and my employment will be terminated in 30 days.
Did some search in the net and found the following.
Not sure if they're correct, so, hope you guys can advise as well. Many thanks in advance:

1. It's not possible to change visa type from Tier 2 ICT to Tier 2 General.

2. Upon the termination of employment, I got 28 days to find another job. Otherwise, I need to leave the country?

Rgrds,



-

[manci]

1.
Since you are, presumably, Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General, but you need to find a job with a T2G registered sponsor first and they have to assign a CoS to you.
2
After you ceased working for your present sponsor, and within 10 days, your present sponsor needs to notify UKBA. Your visa will then be curtailed to 60 days (not 28 days) from the date the decision to curtail is taken but it is uncertain how long UKBA will take to make this decision after they have been notified, so you have 90 days minimum from now to get a CoS from another sponsor. See paragraphs 220-224 in the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... ance21.pdf
Note that unless you are exempt the new employer will have to undertake a Resident Labour Market Test which takes 28 days.

[Tier 2 General]

with reference to the above reply I have one question as I am in that phase now.I was made redundant today (21/09/2012) and I will be on 1month notice period so my last day will be (21/10/2012).

My questions is when should my employer contact UKBA to withdraw the CoS? within 10 days from today or within 10 days after 21/10/2012?

Please advise.

Many thanks

[Tier 2 General]

1.
Since you are, presumably, Tier 2 ICT Established Staff you are eligible to switch to Tier 2 General, but you need to find a job with a T2G registered sponsor first and they have to assign a CoS to you.
2
After you ceased working for your present sponsor, and within 10 days, your present sponsor needs to notify UKBA. Your visa will then be curtailed to 60 days (not 28 days) from the date the decision to curtail is taken but it is uncertain how long UKBA will take to make this decision after they have been notified, so you have 90 days minimum from now to get a CoS from another sponsor. See paragraphs 220-224 in the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... ance21.pdf
Note that unless you are exempt the new employer will have to undertake a Resident Labour Market Test which takes 28 days.

with reference to the above reply I have one question as I am in that phase now.I was made redundant today (21/09/2012) and I will be on 1month notice period so my last day will be (21/10/2012).

My questions is when should my employer contact UKBA to withdraw the CoS? within 10 days from today or within 10 days after 21/10/2012?

Please advise.

Many thanks

[manci]

My questions is when should my employer contact UKBA to withdraw the CoS? within 10 days from today or within 10 days after 21/10/2012?

para 555, page 84
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

sorry about your redundancy

[Tier 2 General]

My questions is when should my employer contact UKBA to withdraw the CoS? within 10 days from today or within 10 days after 21/10/2012?

para 555, page 84
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

sorry about your redundancy

many thanks for your reply.

it is still not clear on the document when actually to notify to UKBA within 10 days from today or within 10 days from 21/10/2012 . Can you please advise?

The document says,

555. You must report certain information or events to us using the SMS, within any time limit
specified. Any information you report to us about migrants’ non-attendance, non-compliance
or disappearance will be used to take enforcement action against them.
556. You must report the following within 10 working days:
a) if a sponsored migrant does not turn up for their first day of work. You must include any
reason given by the migrant for their non-attendance (for example a missed flight);
b) if a sponsored migrant’s contract of/for employment/services or registration is terminated
earlier than was indicated on the CoS, for example where the migrant resigns or is
dismissed. You must include the name and address of any new employer that the migrant
has moved to, if you know it;

[manci]

[b) if a sponsored migrant’s contract of/for employment/services or registration is terminated earlier than was indicated on the CoS, for example where the migrant resigns or is dismissed.[/color]

your contract of employment terminates on 21/10/2012

[Tier 2 General]

[b) if a sponsored migrant’s contract of/for employment/services or registration is terminated earlier than was indicated on the CoS, for example where the migrant resigns or is dismissed.[/color]

your contract of employment terminates on 21/10/2012

Many thanks for your advise. Much appreciated.