Tier 2 (General) application Query

i.atnet · Post by **i.atnet** » Fri Oct 14, 2011 4:23 pm

Hi All,

I am currently on Tier 2 (General Visa). My potential new employer has applied for the sponsorship licence and they have got the licence now and will give me the COS soon. Now my questions are,

1) Do I need to ask my existing employer to withdraw their COS so that my new emloyer can issue me the COS?
and
2) If I dont need to ask then ...when my new employer gives me the COS, can I apply for Tier 2 general straigh away and wait for visa to come and after receipt of visa then give the notice (which is 1 month in my case) to my existing employer? will this work?

3) What is this "Change of Employment" application? Do I need to fill this form?

Your advise on these is greatly appreciated!

regards,

Post by **geriatrix** » Fri Oct 14, 2011 4:55 pm

1. No.
2. Yes, but do make sure that the "joining date" that the new employer specifies in the CoS is one that you can start working from for the new employer (i.e.- a date after your notice period has ended).
3. No.

i.atnet · Post by **i.atnet** » Fri Oct 14, 2011 5:08 pm

sushdmehta wrote:1. No.
2. Yes, but do make sure that the "joining date" that the new employer specifies in the CoS is one that you can start working from for the new employer (i.e.- a date after your notice period has ended).
3. No.

@shshdmehta

Many thanks for prompt reply.

With refernce to your answer (2), in this case what will happen to the COS of my existing employer? and if for some reason I couldn't join the new employer on the date specified on the CoS then what will happen?

Post by **geriatrix** » Fri Oct 14, 2011 7:16 pm

There is nothing left to happen with regards to the CoS from your current employer. It was deemed as "used" when you applied for leave to remain on the basis of that CoS. Also, CoS, when not used, become invalid after 3 months of issue.

When you submit your resignation, your current employer will inform UKBA about termination of your employment and sponsorship - as required of them. You don't need to do anything about it, or worry about it.

i.atnet · Post by **i.atnet** » Fri Oct 14, 2011 8:39 pm

sushdmehta wrote:There is nothing left to happen with regards to the CoS from your current employer. It was deemed as "used" when you applied for leave to remain on the basis of that CoS. Also, CoS, when not used, become invalid after 3 months of issue.

When you submit your resignation, your current employer will inform UKBA about termination of your employment and sponsorship - as required of them. You don't need to do anything about it, or worry about it.

@sushdmehta,

Thanks for the reply.Really appreciate it.

i.atnet · Post by **i.atnet** » Mon Oct 17, 2011 3:22 pm

sushdmehta wrote:There is nothing left to happen with regards to the CoS from your current employer. It was deemed as "used" when you applied for leave to remain on the basis of that CoS. Also, CoS, when not used, become invalid after 3 months of issue.

When you submit your resignation, your current employer will inform UKBA about termination of your employment and sponsorship - as required of them. You don't need to do anything about it, or worry about it.

@sushdmehta,

Hi Further to you advise,I have a question,

Today my potential employer has received the (tier 2 general)sponsor licence.I am hoping to apply for Tier 2 general visa later this week provide that I get the CoS soon. As far as joining date is concerned I am thinking of first working day of new year. This will give me enough time for the visa application and serve my 1 month notice period.
My question is ,
I am planning to give notice to my existing employer after receipt of new visa? Is it possible to work at current employer to serve the notice period even after getting the new visa? if not then When do I need to give the notice?

arsenal49 · Post by **arsenal49** » Mon Oct 17, 2011 7:41 pm

sorry its slightly off topic, but can anyone tell me what happens when someone is not able to serve the full notice period for whatever reason

thanks

Post by **geriatrix** » Tue Oct 18, 2011 1:09 am

arsenal49 wrote:sorry its slightly off topic,

Not slightly, but exceptionally. Your query relates to "labour laws", not "immigration laws".

That said, it will be up to an employer to decide the course of action if an employee does so. Legal recourse is also available, should the employer choose to go that route. And you can forget about getting reference(s) from the employer, should one need them again in the near future.

i.atnet · Post by **i.atnet** » Tue Oct 18, 2011 7:40 am

i.atnet wrote:
sushdmehta wrote:There is nothing left to happen with regards to the CoS from your current employer. It was deemed as "used" when you applied for leave to remain on the basis of that CoS. Also, CoS, when not used, become invalid after 3 months of issue.

When you submit your resignation, your current employer will inform UKBA about termination of your employment and sponsorship - as required of them. You don't need to do anything about it, or worry about it.
@sushdmehta,

Hi Further to you advise,I have a question,

Today my potential employer has received the (tier 2 general)sponsor licence.I am hoping to apply for Tier 2 general visa later this week provide that I get the CoS soon. As far as joining date is concerned I am thinking of first working day of new year. This will give me enough time for the visa application and serve my 1 month notice period.
My question is ,
I am planning to give notice to my existing employer after receipt of new visa? Is it possible to work at current employer to serve the notice period even after getting the new visa? if not then When do I need to give the notice?

Hi All,

Please advise on my above query.

Many thanks in advance.

Post by **geriatrix** » Tue Oct 18, 2011 9:32 am

i.atnet wrote: Is it possible to work at current employer to serve the notice period even after getting the new visa? if not then When do I need to give the notice?

You will not be able to work for the current employer from the date of issue of (new) leave to remain (on basis of CoS from new employer) - which in turn, for an in-country application, should be the joining date mentioned in the CoS.

Plan accordingly.

i.atnet · Post by **i.atnet** » Tue Oct 18, 2011 10:13 am

sushdmehta wrote:
i.atnet wrote: Is it possible to work at current employer to serve the notice period even after getting the new visa? if not then When do I need to give the notice?
You will not be able to work for the current employer from the date of issue of (new) leave to remain (on basis of CoS from new employer) - which in turn, for an in-country application, should be the joining date mentioned in the CoS.

Plan accordingly.

Many thanks shshdmehta for your response.

Sorry to be a pain but just to clear my doubt,

Mine is an in country application.Now if the joining date mentioned on the COS is 5th Jan 2012 and if I make a Tier 2 General application on 20th Oct. then the visa should come in 4-5 weeks time say 20th Nov.After receipt of visa can I give the notice to my current employer and serve 1 month notice and then join my new employer on 5th jan ?

i.atnet · Post by **i.atnet** » Tue Oct 18, 2011 4:56 pm

i.atnet wrote:
sushdmehta wrote:
i.atnet wrote: Is it possible to work at current employer to serve the notice period even after getting the new visa? if not then When do I need to give the notice?
You will not be able to work for the current employer from the date of issue of (new) leave to remain (on basis of CoS from new employer) - which in turn, for an in-country application, should be the joining date mentioned in the CoS.

Plan accordingly.
Many thanks shshdmehta for your response.

Sorry to be a pain but just to clear my doubt,

Mine is an in country application.Now if the joining date mentioned on the COS is 5th Jan 2012 and if I make a Tier 2 General application on 20th Oct. then the visa should come in 4-5 weeks time say 20th Nov.After receipt of visa can I give the notice to my current employer and serve 1 month notice and then join my new employer on 5th jan ?

Hello there,

Please respond to my above query asap.

regards,

Post by **geriatrix** » Tue Oct 18, 2011 5:45 pm

You need to be patient. If you wish to demand answers "asap", please hire a solicitor.

Post by **geriatrix** » Tue Oct 18, 2011 7:43 pm

i.atnet wrote:Mine is an in country application.Now if the joining date mentioned on the COS is 5th Jan 2012 and if I make a Tier 2 General application on 20th Oct. then the visa should come in 4-5 weeks time say 20th Nov.After receipt of visa can I give the notice to my current employer and serve 1 month notice and then join my new employer on 5th jan ?

Based on the responses in the topic, do you think this plan is feasible? And if not, why?

i.atnet · Post by **i.atnet** » Wed Oct 19, 2011 9:38 am

sushdmehta wrote:
i.atnet wrote:Mine is an in country application.Now if the joining date mentioned on the COS is 5th Jan 2012 and if I make a Tier 2 General application on 20th Oct. then the visa should come in 4-5 weeks time say 20th Nov.After receipt of visa can I give the notice to my current employer and serve 1 month notice and then join my new employer on 5th jan ?
Based on the responses in the topic, do you think this plan is feasible? And if not, why?

Dear Sushdmehta,

First off all I appologize for being impatient for the answers but I am not at all demanding.I really really appreciate your efforts of sharing your knowledge.

As far as my above query is concerned,I think this plan is feasible as the joining date on the COS would be 5th Jan and I could work for my existing emloyer untill 4th Jan eventhough I get "leave to remain" in November based on my new application.
Please advise.

Post by **geriatrix** » Wed Oct 19, 2011 11:56 am

Feasible = doable.

i.atnet · Post by **i.atnet** » Wed Oct 19, 2011 4:33 pm

sushdmehta wrote:Feasible = doable.

Many thanks sushdmehta!

One more question, On the Tier 2 (General) application form "Section 4 L1"
I am in doubt with these two options...

1) Completion of a resident labour market test by the sponsor

2) Has leave in Tier 2 or as a Business and Commercial work permit holder, Member of the Operational Ground staff of an Overseas Newspaper, News Agency or Broadcasting Organisation or Jewish Agency employee and making an application, doing the same job for the same sponsor.

I think the second option is not relevant to me as my new sponsor is different than current sponsor . So in that case my new sponsor has to complete the resident labour market test. Am I right?

Post by **geriatrix** » Wed Oct 19, 2011 4:41 pm

The policy guidance clearly explains such requirements.

i.atnet · Post by **i.atnet** » Mon Nov 07, 2011 5:37 pm

Hi,
I am currently on Tier 2 General and changing the Employer so I have applied for the new Tier 2 general visa on 21st october 2011. The payment (application fees) has been debited from my account on 26th Oct. But I am a bit worried as I haven't received the Biometrics invitation letter yet.
By seeing the timelines in other posts it looks like the invitation letter comes withing 1-2 weeks after application date.Is there something I can do to find out the cause of this delay? or is it a normal case?

i.atnet · Post by **i.atnet** » Thu Nov 24, 2011 5:20 pm

Hi,

I am currently on Tier 2 general visa which is valid untill July 2012.
I am changing my employer so I have made an In Country application for leave to remain under Tier 2 general on 21st Oct. I have done the biometrics on 16th Nov and still waiting for the decision on my application.

After receipt of new visa I am planning to give notice to my existing employer and need to serve 4 weeks notice period.

The thing is ,the start date on the COS is 3rd Jan 2012. If I get the new visa in next 3-4 days then that would be great then I can serve 4 weeks notice and can join on 3rd Jan .But if I get the visa late then is there any way the start date on COS can be changed to a leter date?

i.atnet · Post by **i.atnet** » Fri Nov 25, 2011 4:01 pm

i.atnet wrote:Hi,

I am currently on Tier 2 general visa which is valid untill July 2012.
I am changing my employer so I have made an In Country application for leave to remain under Tier 2 general on 21st Oct. I have done the biometrics on 16th Nov and still waiting for the decision on my application.

After receipt of new visa I am planning to give notice to my existing employer and need to serve 4 weeks notice period.

The thing is ,the start date on the COS is 3rd Jan 2012. If I get the new visa in next 3-4 days then that would be great then I can serve 4 weeks notice and can join on 3rd Jan .But if I get the visa late then is there any way the start date on COS can be changed to a leter date?

Hi Guys,

Please advise on above query.

Many thanks in advance!

arsenal49 · Post by **arsenal49** » Fri Nov 25, 2011 6:42 pm

you cant make ANY change to COS dates.

if you can't serve full notice period, then discuss it with ur employer to come to amicable solution.

you must not work for any other employer if your app is approved and you are supposed to start working for another employer.

telll your employer, you and they will be breaching immig laws if they force you to work for them

worst case scenario, some sort of financial compensation should be made to your company, either by yourself or your new employer on your behalf

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