Change/ Switching jobs under Tier 2

[adit_k]

I am currently on a Tier 2 (since 1/05/2013), and recently have been offered a much better opportunity and hence would like to change my role & company.
What I wish to be advised is the process of changing jobs (whilst on a tier 2 visa)?
Does changing the job mean that I would have to run my application as new?

[manci]

I am currently on a Tier 2 (since 1/05/2013), and recently have been offered a much better opportunity and hence would like to change my role & company.
What I wish to be advised is the process of changing jobs (whilst on a tier 2 visa)?
Does changing the job mean that I would have to run my application as new?yes, you will have to make a change of employment application with a new CoS

[ajayajay]

I am currently on a Tier 2 (since 1/05/2013), and recently have been offered a much better opportunity and hence would like to change my role & company.
What I wish to be advised is the process of changing jobs (whilst on a tier 2 visa)?
Does changing the job mean that I would have to run my application as new?yes, you will have to make a change of employment application with a new CoS

adit_K, do you know normally how long it will take for the sponsor to get a new UCOS under Tier 2 (G)? Is any standard processing time for that? My new sponsor is a Universitiy and requested the increase for the UCOS on 28 May but had heard nothing.

[curiousmaster]

Hi manci,
I have very big confusion.
1) I am currently under Tier 2 General sponsored by a company. I got my Tier 2 on 7th March. Now I found a better opportunity and as per change of employment I started working with new employer but still under previous employer Visa. My current company HR promised me to process application as soon as possible but she took 1 month already. I got paid by new employer and they are running a payroll for me. At the same time my previous employer is also running a payroll bec I am with their VISA. Could you please tell what I am doing is correct and will there be any issue?
2) Finally I got my new Cos from current employer today. I planned to apply in person. So if I go inperson will there be any issue ? and what kind of application I have to fill? what would be the fee for change of employment.?
Please clarify these questions.
Thanks,
Gopi

[manci]

@curiousmaster
What you describe under 1) is a confusing story, needs clarification and more detail. It would seem that you are working illegally, your new employer is employing you illegally and your present sponsor is in breach of its sponsor duties.

[makky86]

Hi manci,
I have very big confusion.
1) I am currently under Tier 2 General sponsored by a company. I got my Tier 2 on 7th March. Now I found a better opportunity and as per change of employment I started working with new employer but still under previous employer Visa. My current company HR promised me to process application as soon as possible but she took 1 month already. I got paid by new employer and they are running a payroll for me. At the same time my previous employer is also running a payroll bec I am with their VISA. Could you please tell what I am doing is correct and will there be any issue?
2) Finally I got my new Cos from current employer today. I planned to apply in person. So if I go inperson will there be any issue ? and what kind of application I have to fill? what would be the fee for change of employment.?
Please clarify these questions.
Thanks,
Gopi

You should have been aware that you cannot work for any other employer until you have been issued new Tier 2. It looks like you have been working illegally with your current employer.

I am not sure the option you have but if you try to apply in person for the current employer and if UKBA finds out your current situation your visa will be rejected. Also ,your employer sponsor would be revoked and they might pay penalty charge as well.

I'd suggest that you talk to your previour employer and ask them to take you onboard again and you let know your current employer that you are not willing to work with them. (This is as long as your previous employer has not cancelled your COS).

[curiousmaster]

Hi manci,
thanks for your reply. I am still with them and Cos is not cancelled. Would there be any other option that I can proceed with new employer. Because I spoke with the HR last month itself and she started the process before end of my first month. Also with my previous employer visa I can work as a contractor for any client company. So could you please let meknow would there be any option to over come this?

[curiousmaster]

Hi mudhkokhar,
With my currentVisa Ican work as a contractor. During the interview process itself I spoke with new company HR ans she said she will do the process ASAp. Whenever I enquired she said its under process and they made enquiry with UKBA. Now finally I am in the verge of applying VIsa but I have many confusion. Could you please give me a solution to over come this and what are the possible ways to work for new employer and getting visa successfuly.??

[makky86]

Hi mudhkokhar,
With my currentVisa Ican work as a contractor. During the interview process itself I spoke with new company HR ans she said she will do the process ASAp. Whenever I enquired she said its under process and they made enquiry with UKBA. Now finally I am in the verge of applying VIsa but I have many confusion. Could you please give me a solution to over come this and what are the possible ways to work for new employer and getting visa successfuly.??

You cannot work as a contractor on Tier2. Its illegal. I am quite sure if you apply now you'll get refused but your employer license would be revoked and you might be in no mans land.

I think its worth asking a lawer or immigration consultant.

[Kaleyjoe]

Hi Manci,

I am an HR officer and would like to get some information from you. We are sponsoring employer and have sponsored many workers legally under Tier 2 G. One of the staff whom we sponsored a month ago has now left and before he left he started working for another employer. Since last one week, he took holidays and hence was not turning up to work. As soon as we got to know about his intentions of working for one of our competitor, we added a sponsor's note on the SMS stating the employee has resigned.
Now the staff has started working for the new employer however has taken a lot of company information and we want to amend the sponsor note by giving the new facts. Can we go back and amend the sponsor note stating the facts. Will this put a black mark on the up coming sponsorships for the staff and will it affect his immigration status ?

Thanks in advance,
Joe

[manci]

@Kaleyjoe
If a sponsored worker resigns or is dismissed it is the sponsor's duty to report this within 10 working days through the SMS. If known, the sponsor must include the name and address of a new employer the migrant has moved to.

If you have done this you discharged your sponsor duties and have nothing to be concerned about.

The fact that the former employee has taken information to his new employer that perhaps he shouldn't have is not an immigration matter and depending on the provisions of the employment contract
(e.g. confidentiality clause, restrictive covenants, etc) you may be able to pursue him/her in other ways.

Furthermore, if the former employee started to work for another employer without the grant of a new leave then s/he is working illegally and this may well have repercussions on both him/her and the new employer.

[jayakumarj]

Hi Manci,

I appreciate if you could clarify the below question.

1) I am currently in UK under Tier 2 ICT Long Term Staff migrant Visa. The first application was made on May, 2013 and granted the visa. Would I be eligible to make an application in UK to switch my sponsor and switch my visa to Tier 2 General?

2) If the point 1 doesn't apply to me, what other options available to switch my sponsor and visa? Would I be eligible to make a fresh application for Tier 2 General by travelling outside UK (from India) through new sponsor as soon the current visa expires on Jan 10, 2015? If I do so will the cooling off period will be applicable for my case? I believe cooling off doesn't apply as I am not applying Tier 2 ICT Long term visa again?. Kindly clarify.

Thanks
Jaya