Job change on Tier 2 general visa. Please guide

[mnvsriram]

I am on tier 2 general visa and presently working for employer A. I got an offer from employer B and I accepted the offer. I sent the documents to the employer B as they want to file for the COS. I am not sure if they already filed the COS or not.But for some reasons,I don't want to join employer B now and want to continue with my present employer(A).

In case if employer B has already applied for a COS for me, can I say no to them and continue with my present employer? Will that lead to any problems? Please let me know.

If the employer B assigns a COS to me, my present COS gets invalid? Please let me know what I have to do if I want to continue with my present employer.


Thanks a lot. Please guide me as I require to take action as soon as possible. Thanks a lot in advance

- MS

[manci]

if the CoS has already been assigned by company B they can withdraw it through the SMS. See the T2 sponsor guidance para23.25
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[HardTalk]

Hi Manci,

I understand that this might not be the most appropriate thread to ask you this question, but I thought I might as well post here since the topic is related and you have responded here recently.

My story is simple - I did my undergrad and graduate education in the UK and have since been working in the Middle East. My employer, a well known American bank, has brought up the idea of relocating me to the UK. This sounds appealing to me only if I see myself and my family eventually becoming British citizens, as life in the Middle East isn't bad, tax free, etc.

However, having heard about these recent ICT visa regulations, what are the chances that they will move me there on an ICT visa? Is there any likelihood of them providing a Tier 2 General visa for me? Is it something that I should be actively pursuing with my HR dept. or is it not up to them at all?

Looking forward to your response, and a big thumbs up to you for helping everyone on this board.

All the best.

[mnvsriram]

Hi Manci,
Thanks a lot for your reply. If my new employer cancels the COS assigned to me, can I normally work with my old employer as usual? My job wont be effected because of this cancellation right? Kindly request you to please let me know.

The document you provided is for sponsors.Is there any such document for employees ?
I really thank you for your guidance.

-MS

[mnvsriram]

if the CoS has already been assigned by company B they can withdraw it through the SMS. See the T2 sponsor guidance para23.25
https://www.gov.uk/government/uploads/s ... _04-14.pdf

Hi Manci,
When a tier 2 migrant is changing employer, I read in many places that you mentioned that one has not to resign from the current employment until and unless the visa through his new employer is approved. But the document provided by you says a migrant cannot have more than cos assigned to him at any point of time. Then how is it possible that the migrant can allow the new employer to file the cos for him and then get the visa approval and then resign from his current job? there will be some overlap time where the old and new cos will be active right? Is that not illegal. Copying and pasting the text from the document which says the same:

23.26 A migrant can only have one CoS assigned to them at any given time. If you have
assigned a CoS to a migrant who intended to start working for you, but then decided to take up
a job offer with a different sponsor, they must contact you to arrange the withdrawal of their CoS.
This is because the sponsor who they want to start work for will not be able to assign a CoS to
them until you have withdrawn the one you assigned.

Kindly request you to please clarify

[Frontier Mole]

A COS is only valid until it is "used". So once it has been processed for an application it ceases to be valid within the SMS system. A COS is no more than an electronic signature that opens the door for the visa application. Once used it is in effect a dead reference document that the system keeps to allow audit etc.

So at this time there is only one valid COS in the system. Therefore one of two things can happen - the sponsor can withdraw it or do nothing and the COS will become invalid after three months from the assigned date.

The COS has no impact on you or your current employer. It the new sponsor does nothing and you do nothing in three months it will have left the system. Good practise would suggest you advise the new sponsor that you will not be taking the role and they can withdraw the COS. They will not be happy on a number of grounds as you have incurred costs for them and are not taking the role. But that is business.

Hope that helps

[Amber]

mnvsriram what do you want to change your username to?

[ankjain]

Hi
if someone changes job on Tier 2 General does he need CoS from new employer ?
Also, can someone on Tier 2 ICT change employer if he gets CoS from new employer ?
Then what is the difference between Tier 2 ICT and Tier 2 General ?
I thought on TIer 2 General one can freely switch jobs..

[manci]

Hi
if someone changes job on Tier 2 General does he need CoS from new employer ?
yes
Also, can someone on Tier 2 ICT change employer if he gets CoS from new employer ?
only if the initial T2 ICT visa was under the rules before 6 April 2011
Then what is the difference between Tier 2 ICT and Tier 2 General ?
read the T2 policy guidance: https://www.gov.uk/government/uploads/s ... _07_14.pdf
I thought on TIer 2 General one can freely switch jobs..

[ankjain]

Thanks a lot manci. All Question answered, very promptly.
Thank you so much.

[conmig]

Hi Manci,
I am on Tier 2G which was issued in Aug 2012 and expires 09/2015. I have spent two years on my current Tier2G. Now I have another employer who is ready to sponsor me in the next couple of months. My Qts is:
1.) Can I make an application for 5 years Or Does it has to be 3+2 ?

[manci]

Hi Manci,
I am on Tier 2G which was issued in Aug 2012 and expires 09/2015. I have spent two years on my current Tier2G. Now I have another employer who is ready to sponsor me in the next couple of months. My Qts is:
1.) Can I make an application for 5 years Or Does it has to be 3+2 ?
your max stay under T2G is 6 years, i.e. to Aug 18, or the time your new employer chooses to engage you for if shorter. You can apply for leave within these limits once you have the new CoS.

[conmig]

Hi Manci,
I am on Tier 2G which was issued in Aug 2012 and expires 09/2015. I have spent two years on my current Tier2G. Now I have another employer who is ready to sponsor me in the next couple of months. My Qts is:
1.) Can I make an application for 5 years Or Does it has to be 3+2 ?
your max stay under T2G is 6 years, i.e. to Aug 18, or the time your new employer chooses to engage you for if shorter. You can apply for leave within these limits once you have the new CoS.

Thanks for your time Manci,
1.)So it means that my new employer cannot issue me a COS for 5 years? OR
2.)They can issue me a COS for 5years but when I make the application I have to ensure that the date don't go beyond 6 years? OR
3.) I have to ensure that the date on the COS is well under the 6 year limit?