visa termination

[princesh]

Hi,

I am currently on a tier 2 visa and my employer has already handed me a notice of terminating my contract. The notification to UKVI will be sent next week. I understand that I have 60 days to find another job. Correct (1) ?

I already had an interview with another employer who already submitted an application to register themselves as a tier 2 sponsor and who are willing to employ me with a suitable salary. The job code will be 2136 which is on the shortage list so no job advert not labour market test is required. However, the job description mentions "... where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team." - How "demonstrable experience of having led a team" can be proved (2) ?

Once the new employer get their license, they will issue me the CoS and I am planning to use the same-day premium service or the 10-day service to make my application. I checked the tier 2 gov website and mentions that I should submit my application before my current visa expires. Does this mean within the 60 days given by UKVI (3)?

To save on cost, I am planning to make a premium application for myself and then a normal application for my wife and my son. Is that applicable (4)?

In my previous visa, I already paid health surcharges for 5 years and used less than 3 years only. Can I claim a refund or use the remaining time towards my new visa (5)?

I understand that according to the new laws in Jan 18, it is OK to have a gap in employment no longer than 60 days. Is that correct (6)? how the gap is calculated? is it from the last day in the previous job to the first day of the new job? and what happens if the gap is more than 60 days?

Thanks

[amit2453]

Hi,

I am currently on a tier 2 visa and my employer has already handed me a notice of terminating my contract. The notification to UKVI will be sent next week. I understand that I have 60 days to find another job. Correct (1) ?

I already had an interview with another employer who already submitted an application to register themselves as a tier 2 sponsor and who are willing to employ me with a suitable salary. The job code will be 2136 which is on the shortage list so no job advert not labour market test is required. However, the job description mentions "... where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team." - How "demonstrable experience of having led a team" can be proved (2) ?

Once the new employer get their license, they will issue me the CoS and I am planning to use the same-day premium service or the 10-day service to make my application. I checked the tier 2 gov website and mentions that I should submit my application before my current visa expires. Does this mean within the 60 days given by UKVI (3)?

To save on cost, I am planning to make a premium application for myself and then a normal application for my wife and my son. Is that applicable (4)?

In my previous visa, I already paid health surcharges for 5 years and used less than 3 years only. Can I claim a refund or use the remaining time towards my new visa (5)?

I understand that according to the new laws in Jan 18, it is OK to have a gap in employment no longer than 60 days. Is that correct (6)? how the gap is calculated? is it from the last day in the previous job to the first day of the new job? and what happens if the gap is more than 60 days?

Thanks

Yes, your visa application should be submitted by that time. Not necessarily you need decision by that time. So you can even submit normal application.
Dependent may not need new visa. They can still carry existing visa.
IHS won't be refunded so have to pay again.

[CR001]

I am currently on a tier 2 visa and my employer has already handed me a notice of terminating my contract. The notification to UKVI will be sent next week. I understand that I have 60 days to find another job. Correct (1) ?

No not correct. There is no longer a 60 days limit to find a new employer etc.

I already had an interview with another employer who already submitted an application to register themselves as a tier 2 sponsor and who are willing to employ me with a suitable salary. The job code will be 2136 which is on the shortage list so no job advert not labour market test is required. However, the job description mentions "... where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team." - How "demonstrable experience of having led a team" can be proved (2) ?

SOC 2136 is both a non shortage AND a shortage. It can only be a shortage occupation IF your sponsor is a qualifying company AND you meet the other requirements for the shortage occupation SOC. If your sponsor is not a qualifying company, then it is a non shortage and RLMT is required. Note that 'qualifying company' does NOT mean just being an approved sponsor. Appendix K lists all the requirements of what a qualifying company means.

Once the new employer get their license, they will issue me the CoS and I am planning to use the same-day premium service or the 10-day service to make my application. I checked the tier 2 gov website and mentions that I should submit my application before my current visa expires. Does this mean within the 60 days given by UKVI (3)?

It really depends on the date you get the curtailment letter. That is the only 60 days that are relevant.

To save on cost, I am planning to make a premium application for myself and then a normal application for my wife and my son. Is that applicable (4)?

When do their visas expire??

In my previous visa, I already paid health surcharges for 5 years and used less than 3 years only. Can I claim a refund or use the remaining time towards my new visa (5)?

Probably no to a refund as you were issued a visa for which you paid. No you cannot use 'the remaining time' for your new visa. You have to pay again and get a new IHS ref number.

I understand that according to the new laws in Jan 18, it is OK to have a gap in employment no longer than 60 days. Is that correct (6)? how the gap is calculated? is it from the last day in the previous job to the first day of the new job? and what happens if the gap is more than 60 days?

The January 2018 rules change has nothing to do with the 60 days. There is no longer a '60 days employment gap' limit.

[princesh]

Thanks @CR001 for your prompt response. You have always been helpful.

To confirm, there's no longer any employment gap to worry about at all whilst staying legally in the UK. Which means staying till the end of the 60 days from the curtailment letter from UKVI and applying for another visa before the end of these 60 days. Correct (1)?

SOC 2136 is both a non shortage AND a shortage. It can only be a shortage occupation IF your sponsor is a qualifying company AND you meet the other requirements for the shortage occupation SOC. If your sponsor is not a qualifying company, then it is a non shortage and RLMT is required. Note that 'qualifying company' does NOT mean just being an approved sponsor. Appendix K lists all the requirements of what a qualifying company means.

This is a link to appendix K should anybody need it
https://www.gov.uk/guidance/immigration ... ation-list

So the company should obtain a special permission from the home office to sponsor a job on the shortage list. Do you know where to find the application for such permission (2)?

To save on cost, I am planning to make a premium application for myself and then a normal application for my wife and my son. Is that applicable (4)?
When do their visas expire??

Their visas expire on 27 Dec 2020. What does this mean (3)?

Appreciate your help.

[CR001]

To confirm, there's no longer any employment gap to worry about at all whilst staying legally in the UK. Which means staying till the end of the 60 days from the curtailment letter from UKVI and applying for another visa before the end of these 60 days. Correct (1)?

Correct.

SOC 2136 is both a non shortage AND a shortage. It can only be a shortage occupation IF your sponsor is a qualifying company AND you meet the other requirements for the shortage occupation SOC. If your sponsor is not a qualifying company, then it is a non shortage and RLMT is required. Note that 'qualifying company' does NOT mean just being an approved sponsor. Appendix K lists all the requirements of what a qualifying company means.

This is a link to appendix K should anybody need it
https://www.gov.uk/guidance/immigration ... ation-list

So the company should obtain a special permission from the home office to sponsor a job on the shortage list. Do you know where to find the application for such permission (2)?

It would likely be part of their sponsorship application process. The sponsor would know if they are a 'qualifying company' and meet all the requirements. You or they can read through the guidance notes for sponsors.

To save on cost, I am planning to make a premium application for myself and then a normal application for my wife and my son. Is that applicable (4)?
When do their visas expire??

Their visas expire on 27 Dec 2020. What does this mean (3)?

They do not have to apply to extend their visas with you if you change tier 2 sponsor, provided their leave is not also curtailed. See link below.

When to extend PBS Dependent leave (click)