Need suggestion on Tier 2 employment

[ravisb_2014]

Hi,
Currently I am working as Contractor to 'A' company from my sponsored company. My sponsored company is going to close their business by November end, 2014. The company, where I am contracting now, wants to sponsor me. But they don't have license.
I have below two queries need to be clarified for the same.

1. how much time it takes for an employer to get sponsorship license and sponsor me ?
2. And as my current employer is closing down their business by 30th November, 2014 and it will automatically terminate my COS. Can i stay for another 60 days after 30th November, 2014 in UK till my 'A' company sponsors me ? I know i can't work for 60 days, but if I can stay and wait to look for a new sponsor ?

Please suggest.
Thanks in advance.

[ravisb_2014]

Hi Manci, Frontier, and other experts,

Could you please suggest me on the same ? I can suggest the same to my employer.

regards,
Ravi

[Wanderer]

If you are Contracting you must be on Tier 1 Gen. so what's the issue? You cannot contract on a Tier 2.

[Sheffield_Marketeer]

As the previous poster has remarked, your post is unclear op.

If you are contracting, what sponsorship are you talking of? Which visa are you on?

[ravisb_2014]

You can go through below threads for any query on contracting from Tier 2. I am not an expert to comment here. but please don't deviate the topic, you can add your comment on below two threads if you have any further query on the same.
http://www.immigrationboards.com/uk-tie ... 49009.html
http://www.immigrationboards.com/uk-tie ... 65707.html

Hi expert,
Please suggest or direct me to the thread if it's already discussed.
Thanks.

[Frontier Mole]

Ravi,

The answer to your question can you do contract work is NO.
The previous links to the posts you have referenced to both point to that answer.

I will have a plague of people arguing that I am wrong because they don't like that view or they believe there is a way round the guidance.

There is no legal way round the guidance if the following rule applies:

You are directed in any fashion, controled or account to any third party while undertaking the piece of work.
So if you get a "contract " where any piece of work however small is not directly controlled by the Sponsor it fails to meet the guidance

[Frontier Mole]

Ravi
In answer to your OP

Application for tier 2 licence should not take no more than 12 weeks.

If your current sponsor terminates your employment at the closure of their business you will find yourself in a prediciment. You cannot work as your Sponsor will be terminating their existing contracts I assume. So no income.
You can not work for any other business unless they issue you a COS and they can't do that without doing the RLMT.
As for the 60 day curtailment - that only starts officially once UKVI send you the letter. So if your worry is about overstaying you would only be classed as that once you receive the curtailment letter 60 days plus the 28 days grace period. The curtailment letter might take weeks to be received in the first place.
That is more than enough time for your new potential employer to apply and get their licence. They will have to do RLMT as well. It they get audited as part of the process that slows down the application but it will be done in 12 weeks one way or the other.

[ravisb_2014]

Thanks Frontier for detailed explanation. It really helps me.
I really appreciate this group and you and other experts, who are coming forward and helping others in resolving different problems.

[ravisb_2014]

Hi Frontier,
I have not received the curtailment letter from UKVI yet.

My question is Once I receive the same letter, Can I work for 60 days or I can't work, only stay in UK to look for new sponsor or I can't work only after 60 days, if I get 28 days grace period?
About 28 days grace period, do I need to separately apply for it or it comes with the curtailment letter ?
Please suggest.

[Frontier Mole]

Officially you can still work for the same employer during the 60 day curtailment period however in your position if your employer is ceasing to trade then that is moot point.
You can not work for any other company in the 60 day period, neither can you work in your own right.
The 28 day grace period is NOT mentioned in the curtailment letter. That point is covered in the immigration rules / law as the last period you can remain without leave in the UK without being subject to arrest / detention as an overstayer.
If you apply for another visa during the 28 day period if it gets refused you have no right of appeal.

[ravisb_2014]

Thanks Frontier for explaining the same.
My employer is actually getting merged with a different employer and till now, me and my employer did not get any letter from home office. what I can understand from your reply is I can continue working with my current employer now and till 60 days after getting the curtailment letter.

My new employer has to apply for a sponsorship. Can they give the advert now itself, in parallel to applying for license, keeping in mind that when they get the license, the RLMT will also be over after 28 days ?
Please suggest.

[ravisb_2014]

Hi Frontier,
please suggest.

[Frontier Mole]

If your current employer is merging / being taken over you should not be worrying about losing your visa.
As long as you are not being made redundant you will transfer to your employer without the need for a new COS.
There is something called TUPE that protects your employment rights in these circumstances.
As long as the new company taking over your current sponsor applies for a licence no later than 28 days after the takeover there is no issues.
You will not get curtailed pending the new licence application approval.
Once the new licence is granted your old COS and current visa "move" across. No RLMT, no new COS or new visa.
Hope that helps.

[ravisb_2014]

Thanks frontier. It's really helpful. I hope this will be the last query as below. Please suggest.
So, if new employer is already having license before merging or take over, then there is no problem transferring my employment from old employer to new one.
If they don't have license, then they need to apply before 28 days after merging.
Hope I am understanding correctly.
Is the transfer process initiated by my current employer or new employer or do I need to tell them to initiate it ?
One more query (forgot to ask earlier) -> how do i update my current address to home office ? Is there any online link for this ?

[Frontier Mole]

Your understanding of the policy is correct.
Your new employer has to declare the TUPE staff moving to them - if they are applying for a licence they should have declared that reason for the licence.
Chase it up with the new employer.

Change of home address. - cut and paste link below -

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

[ravisb_2014]

Thanks Frontier for all your suggestion. Really appreciate for clarifying all my queries.
regards,
Ravi

[renuagar84]

Hi Manci

Thanks for your informative posts, they are very useful.

I have a few questions and will be grateful if someone can suggest answers:

1. My husband came to the UK on 30-03-2013 on Tier 2 ICT Long Term Staff Migrant Visa (sponsored by his employer) and I joined him as his dependent after about a month. Our visa got extended in May 2014 to March 2015 and the visa status now is T2 ICT Long Term Leave to Remain. Can we switch to Tier 2 General by changing sponsor?

2. If the answer to the above question is no, is there a method by which he can move to a more unrestricted visa category whereby he is not limited to the current employer?

3. I am currently on dependent visa (and do not work) but if a company can sponsor me a Tier 2 General visa, can I take it? Also will it let my husband apply for a T2 General visa as a dependent?

4. Is there any other visa category suitable for me/my husband that can help us avoid the cooling off period and we can go for ILR in long term?

Thanks in advance for your help

Regards
Renu

[Porus]

HI Renu,
Your husband cannot move from T2ICT to T2General without a cooling off of 1 year. However before his visa expires if you get a sponsor for T2General then he can do an in country switch from T2ICT to T2General dependent and find employment from any company in UK. Once you have got T2G your clock starts from zero and you can opt for ILR route after completing stipulated years and having required salary (check this site for more details on ILR route for T2G)

[sg101]

HI Renu,
Your husband cannot move from T2ICT to T2General without a cooling off of 1 year. However before his visa expires if you get a sponsor for T2General then he can do an in country switch from T2ICT to T2General dependent and find employment from any company in UK. Once you have got T2G your clock starts from zero and you can opt for ILR route after completing stipulated years and having required salary (check this site for more details on ILR route for T2G)

Hi
I have similar query.

I am currently living in UK under Tier 2 (ICT) Long term issued in Feb 2014. Can I switch my job under this visa and change my sponsor

Thanks for help

Sam

[ravisb_2014]

Hi Frontier,
My new employer did not apply for license within 28 days and my old employer is telling you will receive a letter from Home office soon and need to reprocess your application again under Tier 2.
How long will it take to issue a letter from home office and is the curtailment period start from the date of receiving the letter or date of issue?
After receiving the letter, can i at least work with my old employer till 60 days and wait till i get new sponsorship ?

[Frontier Mole]

When exactly did the new company take over your existing company? Did you receive a letter about the takeover?
The reason I ask is that it all seems haphazard and sounds as if they are trying to shed you as staff.
I might be wrong but if the existing company knew it was being taken over they would have informed the new employer and protected your employment.
As for curtailment - it takes many weeks to receive the 60 day letter at the moment.
If you are going to join the new company you can't do so until you receive a new visa.
There is a glitch in the guidance where it allow you to work until the end of the 60th day from the date on your curtailment.

[physicskate]

HI Renu,
Your husband cannot move from T2ICT to T2General without a cooling off of 1 year. However before his visa expires if you get a sponsor for T2General then he can do an in country switch from T2ICT to T2General dependent and find employment from any company in UK. Once you have got T2G your clock starts from zero and you can opt for ILR route after completing stipulated years and having required salary (check this site for more details on ILR route for T2G)

Hi
I have similar query.

I am currently living in UK under Tier 2 (ICT) Long term issued in Feb 2014. Can I switch my job under this visa and change my sponsor

Thanks for help

Sam

Seriously? Why is this question asked in almost every other post? Isn't there a sticky covering this info?

No you cannot switch from t2ict to t2g without a 12 month cooling off period. You would then be tied to the new sponsor.

[ravisb_2014]

Hi Frontier,
I did not receive any letter from my existing company. My existing company verbally informed me on 1st Oct, 2014 that they got merged with another company and soon they will stop sponsoring me. I know I am in a problem now without sponsor and need to look for a new sponsor and I am trying to manage to get a job in another "XYZ" company. The "XYZ" company does not have license and they have applied for the same.
I just wanted to know as my existing company merged on 1st Oct, 2014.
When shall i expect the curtailment letter ?
The curtailment period will start from the date of receiving the letter or date of issue from UKVI?
Can I work for the existing company till the time of receiving the curtailment letter?
Can i work for the existing company during the curtailment period till my XYZ company sponsors me ?
Please suggest.

[ravisb_2014]

Hi Frontier,
Sorry to ask you the same query. You already answered my query. Thanks for clarifying the same. I have some other queries as below.

I am able to manage to get a job in XYZ company, but XYZ was not having license.
They have applied for the same and got the same, but they are not sure about the procedure. they are very small company and they don't want to hire a solicitor for any guidance as it involves huge cost. So, I am trying to guide them by reading the guidelines and taking help from this group from expert like you.
Could you or other expert, Please clarify me the following things so that I can let XYZ company know about this and helping me in getting the sponsor.

As per guideline to sponsor Tier 2, the procedure is ->
1. applying for license - already got.
2. RLMT, which is the main criteria. Please clarify the below points.
-> I have gone through the guideline. It says advert should be given for minimum 28 days. It should be in two websites. One - any website and another will be universal. I think they can advert in any of the website like jobserve, totaljobs, jobsite etc.
i think these comes under universal website ?
-> Suppose they give the advert on 1st Nov, 2014, then end date should be 28th Nov, 2014 or later ?
-> During this period (from 1st Nov, 2014 to 28th Nov, 2014), I need to apply for the role. Suppose on 15th Nov, 2014.
-> To carry out RLMT, if any resident labor applies for the role, do they need to collect lot of info about the candidate like CV, when applied, why rejected ? Please add if there is anything else needed ?
Is there any specific format or application, where you have note down or keep track of RLMT or any standard procedure ?

3. while assigning the COS, do they need to mention everything about RLMT process and along with that, do they need to submit all the documents related to RLMT process or any standard procedure or any other specific document ?
4. I think after assigning the COS and approved, I can apply for visa against this COS ?

I am always grateful to this group for giving suggestion in each and every step. Please clarify me on the above points too. Thanks in advance.

[ravisb_2014]

anyone, please suggest.