Urgent, tier 2 ICT to general

Sai_tier2 wrote:Hello, I am on Tier 2 ICT since July 2010 and my visa is going to expire on 17th July 2015. I have an offer from new employer and he is ready to sponsor for Tier 2 General.
I haven't started the resignation process with my current employer as I am waiting for final offer letter from new employer and I am expecting it to be released out end of this week. Notice period for my current employer is 2 months and I haven't started my current Tier ICT visa extension process yet. It is very much unlikely that my current employer still offers me sponsorship if I submit my resignation next week.
It is also very much unlikely that the notice period to be shortened

If the new employer does RLMT next week for Tier 2 General processing, I think the employment start date will approximately be 2 months from now.

1. If I ask my new employer for COS start date from 18th July 2015, can I still continue working with current employer with Tier 2 General ?
you can continue working for your present sponsor until the work start date given in the new CoS but not beyond. Don't resign until your visa application is approved. Apply using the premium service once you have the new CoS assigned

2. If the new employer applies for COS with start date of say 25th July, I will not have a valid visa from 18th July till 25th July. Can I still continue working with current employer?
No, you cannot. Keep in mind that if you have a CoS with a work start date of 18 July your present sponsor cannot legally employ you beyond this date whatever is in your employment contract . Check the employment contract to see what the consequences may be if you only give, say, 1 month notice instead of 2.

Please can you assist me of any other options available for my situation.

Many thanks for your help as always.

Sai_tier2 wrote:Thanks Manci. Will it be a problem if I start my current visa extension process and at the same time if new employer starts RLMT and applies for Tier 2 General COS?
the new sponsor cannot assign a CoS until the RLMT has been completed and you cannot apply until you have the CoS

I will try and ask new employer to delay the offer by one more if possible.
I think if I resign and my visa expires with notice period, my current employer may ask me to go to home country and work there till end of the notice period.
if you return to home country you will be subject to a 1 year cooling-off period before you can apply for T2G entry clearance.

Sai_tier2 wrote:Hi Manci, thanks for your reply.
My current ICT expires on 17th July and my new employer has started the RLMT process. I am expecting it to be completed in 2 weeks from now and receive the COS document week starting 22nd June.
1. If I go to my home country (say 1st July) before my current leave expiry and apply for BRP at home country before 17th July, will there be a cooling-off period? Will the cooling off period counts from date of application or date of current leave expiry ?
you can apply for entry clearance from home country but not before 1 year passed after you left the UK (cooling off). BRPs are only issued in the UK

2. If the cos start date is say 1st July and work start date is 18th July with new employer, can I apply for BRP within UK with premium service on 2nd July. In this case will I have 2 BRP's - one with current employer with end date of 17th July and other with new employer with start date 18th July?
If 2 BRP's is not possible, is the only best time to apply for BRP premium service is on 17th July (as I should work with current employer till 17th July).

Many thanks for your help as always.

Sai_tier2 wrote:Many thanks for the reply Manci.

Can you please answer point 2 as well:

My current ICT expires on 17th July and my new employer has started the RLMT process. I am expecting it to be completed in 2 weeks from now and receive the COS document week starting 22nd June.

If the cos start date is say 1st July and work start date is 18th July with new employer, can I apply for BRP within UK with premium service on 2nd July. In this case will I have 2 BRP's - one with current employer with end date of 17th July and other with new employer with start date 18th July?
If 2 BRP's is not possible, is the only best time to apply for BRP premium service is on 17th July (as I should work with current employer till 17th July).
If you have a CoS you can apply any time within 3 months of its issue date but once you get the new leave you can only work for your current employer up to the work start date in the new CoS

Jack&Jill wrote:Dear Manci

I am in Tier 2 General since June 2013, that is for a period of 2 years. Initially I was in SOC 3545 with my first sponsor for a period of 1 year 11 months. Recently I changed the sponsor with the same SOC code.

The question is most recently I got job with SOC 2139.

1. Does the UKBA asks any questions to my new employer about the change in SOC code? I have not declared my old SOC to my new employer. Is that would be a problem when applying visa? Please advice in this.

Your post is not clear.

if your SOC code changes while you are employed by a sponsor they have to assign a new CoS and you have to make a change of employment application. If you change sponsor and the new job with the new sponsor has a different SOC code from what it was for the previous job you don't have to do anything
Regards
Jack

Jack&Jill wrote:Hi Manci let me clear you

I'm in to IT background. Done Masters in IT.
My first Tier 2 Sponsor company ABC gave me COS with SOC 3545 in June 2013. Left company in May 2013.
Second company(that is present) XYZ with same SOC 3545 in May 2013.
dates incorrect

Now recently got job with new company(future company) ZZZ with SOC 2139. This ZZZ company doesn't know about I have SOC 3545.

Will this affect me? This is my question. When applying visa does UKBA ask the future employer about the change? i'm changing my profession. i hope you got it...
as long as your background is suitable for the new SOC code 2139 job, and it is a genuine job, and you have a CoS, you can apply for a new leave. The SOC code in your present and past jobs is of no interest.

Please clear.

Thanks, Jack

manci wrote:

Sai_tier2 wrote:Many thanks for the reply Manci.

Can you please answer point 2 as well:

My current ICT expires on 17th July and my new employer has started the RLMT process. I am expecting it to be completed in 2 weeks from now and receive the COS document week starting 22nd June.

If the cos start date is say 1st July and work start date is 18th July with new employer, can I apply for BRP within UK with premium service on 2nd July. In this case will I have 2 BRP's - one with current employer with end date of 17th July and other with new employer with start date 18th July?
If 2 BRP's is not possible, is the only best time to apply for BRP premium service is on 17th July (as I should work with current employer till 17th July).
If you have a CoS you can apply any time within 3 months of its issue date but once you get the new leave you can only work for your current employer up to the work start date in the new CoS


Thanks Manci so, does this mean can I have 2 BRP's one with end date 17th July (current employer) and other with start date of 18th July (new employer sponsored)