Changing employers after 1 month (under Tier 2 General CoS)

Dear forum gurus,

I would appreciate your insight/ advice on the following matter:
I am a Tier 2 General employee who changed employment in mid September 2014 (CoS-based) - having received a respective visa approval from the UKBA.
I have now been offered a much better position by a different organisation that I would be very keen to take, however this would mean that I will have to go back to the UK Home Office and re-apply for a Tier 2 General visa for the new employer (effectively only a month later after my last CoS-based Tier 2 visa and BRP was issued)

My question is whether it is realistic that I will be issued a visa if I re-apply this soon? Or will UK Home Office have concerns and would be unlikely to approve the application?

I am very keen to work for the employer that offered a better position, however I do not want to jeopardise my relationship with the current employer by having an unsuccessful application with UKBA.

Please help!

Thanks a lot!

there is no restriction on how long you have to work for a sponsor before applying for a change of employment.

Follow this procedure:

Once you agreed the job offer with the new employer, and assuming they are T2G sponsors, they should assign a T2G CoS to you with the work start date sufficiently ahead to allow for the notice period to be served in your current job. When you have the CoS apply for leave using the premium or priority service and once your application is granted give notice. You are allowed to work in your current job until the work start date in the new job.

The new sponsor will have to carry out an RLMT before they can assign the CoS (unless an exemption applies).

Thanks so much, Manci

I understand there is no legal restriction to change employers (the new potential employer has already issued a CoS following the labor market test), however I am worried that such a quick switch will raise concerns with UK Home Office and my application will be rejected.. Or would you say there s little impact of this circumstance on the likelihood of a positive decision?

Thanks a lot again, your advice has been very helpful!

Thanks so much, Manci

I understand there is no legal restriction to change employers (the new potential employer has already issued a CoS following the labor market test), however I am worried that such a quick switch will raise concerns with UK Home Office and my application will be rejected.. Or would you say there s little impact of this circumstance on the likelihood of a positive decision?

Thanks a lot again, your advice has been very helpful!

I ve got one more question in this regard : once a new Tier 2 application is approved by the UKBA does the current employer get notified thereof / or of the fact that the issued CoS has become void? Or is it the employee's responsibility to notify the employer?

Once coS has been allocated to you from new employer then you are not allowed to work for old employer, so plan your exit and transition to new employer correctly.

FaeLLe wrote:Once coS has been allocated to you from new employer then you are not allowed to work for old employer, so plan your exit and transition to new employer correctly.

Not true... provided you have a valid visa to work for your current employer. A problem arises when you are issued a new visa (BRP) and the start date is before the end of your notice period, as you cannot work for an employer after the new start date...

Plus, this thread is a few months old.

physicskate wrote:

FaeLLe wrote:Once coS has been allocated to you from new employer then you are not allowed to work for old employer, so plan your exit and transition to new employer correctly.

Not true... provided you have a valid visa to work for your current employer. A problem arises when you are issued a new visa (BRP) and the start date is before the end of your notice period, as you cannot work for an employer after the new start date...

Plus, this thread is a few months old.

Hi physicskate, the GOV.UK website says that you cannot work for your old employer after the start date on new COS.
Most often the CoS start date happens soon after the CoS allocation so this is something to watch out for.

Source: https://www.gov.uk/tier-2-general/extend-your-visa

You can continue working for your previous sponsor until the start date on your new certificate of sponsorship if your current permission to stay is still valid.

FaeLLe wrote:
Hi physicskate, the GOV.UK website says that you cannot work for your old employer after the start date on new COS.
Most often the CoS start date happens soon after the CoS allocation so this is something to watch out for.

The start date on the CoS can be CHOSEN. And yes, that is what I said....

Hi All,

Can i switch the employer before joining date?

I got Tier2 visa and my join date as Feb 15th. Now i got an another offer from other employer. Is it legal and allowed to switch the visa before work start date?

Thanks in advance,
Sree

srmaram wrote:Hi All,

Can i switch the employer before joining date?

I got Tier2 visa and my join date as Feb 15th. Now i got an another offer from other employer. Is it legal and allowed to switch the visa before work start date?

Thanks in advance,
Sree

Technically you could, but you are being very greedy and this will mean you are cutting ties forever from them.

Also if something goes wrong in between you are going to be left without a Visa.