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Changing employers under Tier 2 (General) visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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winteriscoming
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Changing employers under Tier 2 (General) visa

Post by winteriscoming » Thu Sep 08, 2016 11:02 am

Hello,

I have researched the process regarding changing employers for people already working in the UK under a Tier 2 (General) visa but have struggled to find a comprehensive summary of this.

Here is my understanding:

(1) The new employer should have a sponsor's license and carries out a 28-day RLMT.

(2) Once the RLMT is completed, they apply for an unrestricted CoS to the Home Office.

(3) Once the CoS is allocated, the candidate needs to apply to UKBA for a Tier 2 (General) extension with the new CoS and a new BRP is issued.

(4) The candidate starts the new job as per the dates mentioned on the new CoS.

Some questions on these steps that I have not found clear answers to-
- Is it true that for in-country applications like these, the employer needs to apply for an unrestricted CoS only?
Therefore, the employer does not need to go through the process that happens on the 11th of every month where the Home Office allocates restricted CoS.
Somehow, my employer seems to think they need to do the latter.

- When exactly does one serve notice to the current employer?
Is it after the UKBA has granted the application to leave under the Tier 2 (General) extension application. Does this mean that during the notice period, the candidate still works for their previous employer although their BRP has been switched to the new employer?

- Restrictions on international travel during this process.
I understand that the old BRP gets cancelled on termination of employment, so one should not travel outside the UK during this time as they are not allowed to re-enter until the new BRP becomes valid. But, what exactly is the time period? Is it the period after an employee has given notice for termination and prior to the start of the new job?


Any thoughts would be appreciated.

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