Tier 2 (G) switching employer after redundancy/current employee licence suspend

[roxhh]

Good morning, everyone.

I've been following this board for quite a while and I've been reading some of the relevant posts regarding Tier 2 in country switching, however, some of the posts are two to three years old.

My situation is a bit complicated, so really appreciate your patience to read through these points.

I was sponsored under Tier 2 G visa in Nov 2016. In December 2017, my company was informed that our Tier 2 license has been suspended. We provided evidence as requested and submitted at the beginning of Jan 2018. So far no one's informed us if a decision regarding suspension/revoke of the license has been made.

I received a new job offer on 20th of Jan with a new company. They started to do RLMT, which ended on 24th of February.

However, at the same time, my company has terminated my contract by reason of redundancy. So do some other sponsored migrants in my company. My last day at work is 20 of February.

I have provided my new sponsor with my degree certificate, passport, BRP and my personal information as well as my previous employment information (termination date was stated as 20 of Feb 2018).

My current Tier 2 visa is due to expire in 2019 but I still haven't received the curtailed letter so not sure when exactly it will expire.

The questions are:

1. my new employer stated I shall receive further instruction with my CoS in the week commencing 26th of Feb. However, I didn't receive any updates so I emailed them. They responded that they will be in touch with me shortly regarding next steps. However, I received no further emails afterward. I've read some old posts here saying it could take up to 1-2 month to receive the CoS, but for my first company, we received two days after application. I'm wondering normally how long it takes especially for anyone who is applying CoS at the same time period please advise me on how long it takes for you.

2. I've been offered the position before the RLMT and I didn't see the two adverts nor applied via these adverts. I've consulted with the immigration officer at my new company, he said I did not need to apply via these adverts. I wonder if this will bring a potential risk for the cos and visa application?


3. I've received my P45 document, which stated that my last day is 16th of February. I emailed my previous company with regards to such error, the explanation is it's a management mistake that I was informed wrongly of the date. So I'm not sure if they can change it to the exact date we initially agreed on as my contract's termination date. Will this affect anything? Should I inform my new company about the change of the date as well as tell them I was let go by reason of redundancy? As I only told them I've left work on 20th of Feb.

4. I stop working for my previous company and still haven't received the curtailed letter. Will it be too risky for me to leave the UK before I received a new CoS and new visa?

I'm really this situation, and would really need any help from you guys! Many thanks!

[crazy_p]

Hi mate,

It's very unfortunate to hear that you are in a confusing situation. As I am in kind of a same situation, I'll share my experience if that helps you! But the moderators will give a proper clear answer.

As long as you didn't get the curtailment letter, you are still kinda safe! And wish you good luck.

1. Normally it takes 3-4 weeks to grant a CoS and sometimes more or sometimes less. No one can give an exact time frame. BUT, there is a priority service to do this. Once the company made the request for a T2 G CoS, then they can make it prioritised by paying 200£ extra. Then the request will be considered within 5 days as I know. Follow the below link for more details.

Tier 2 and 5 priority change of circumstance service

2. This is kinda illegal (Not sure the word). This means you are "pre-selected" for the position and they've conducted the RLMT just to show that they did this. There is a risk in this, as sometimes HO may ask or visit the company to make sure the RLMT is conducted "properly", if they feel this wasn't done correctly!

For the 3rd and 4th question, best to wait for a moderator to advise.

Hope this will help you even a little. Good luck!

[roxhh]

Thank you for your reply! That really helps. I think I will email the new employer to ask about the updates and see if they are willing to help me accelerate the process.

For the "pre-selected" RLMT, is there any way to fix it now?

You said you are in a similar situation, if that's okay with you, may I ask if you have successfully switched your visa? And how long does it take you to resolve everything? Thanks!

[roxhh]

Hi mate,

It's very unfortunate to hear that you are in a confusing situation. As I am in kind of a same situation, I'll share my experience if that helps you! But the moderators will give a proper clear answer.

As long as you didn't get the curtailment letter, you are still kinda safe! And wish you good luck.

1. Normally it takes 3-4 weeks to grant a CoS and sometimes more or sometimes less. No one can give an exact time frame. BUT, there is a priority service to do this. Once the company made the request for a T2 G CoS, then they can make it prioritised by paying 200£ extra. Then the request will be considered within 5 days as I know. Follow the below link for more details.

Tier 2 and 5 priority change of circumstance service

2. This is kinda illegal (Not sure the word). This means you are "pre-selected" for the position and they've conducted the RLMT just to show that they did this. There is a risk in this, as sometimes HO may ask or visit the company to make sure the RLMT is conducted "properly", if they feel this wasn't done correctly!

For the 3rd and 4th question, best to wait for a moderator to advise.

Hope this will help you even a little. Good luck!

Thank you for your reply! That really helps. I think I will email the new employer to ask about the updates and see if they are willing to help me accelerate the process.

For the "pre-selected" RLMT, is there any way to fix it now?

You said you are in a similar situation, if that's okay with you, may I ask if you have successfully switched your visa? And how long does it take you to resolve everything? Thanks!

[crazy_p]

Hi roxhh,

I've got no idea about fixing the RLMT issue. Moderators will respond to that. It won't be a problem if you get through without a doubt for the case worker or HO. That depends on the CoS allocation and giving correct (in this case, logical RLMT data in the CoS) details in the CoS.

Below is the link for my situation. Have a read and you may find some useful information from moderators. In my case, CR001 (CR001 not Casa) [Rude to call on that name, best if i could thank her with real name though!] helped me a lot identifying those issues and guiding.

I'll let her or moderators to help you. As i know the stress, i tried sharing a small info. Wishing you best of luck in everything!

My Post Regarding the Issues

[hash0002]

Hi Roxhh

Any update on your case? Please i would like to know as i am in somewhat similar situation?

thanks