Change of employment under Tier 2 crossing 60 days

Hi,

I have changed employment to a new employer and so far I haven't been issued a Certificate of Sponsorship number. I had left my old employer and will be crossing the 60-day gap in 4 days. So far, I haven't received the letter from the Home Office about curtailment of leave and my visa is valid until 2021. When I now apply after the 60 day period, will it affect my application?

Thanks!

There is no "60 day employment gap" anymore.

As we advise often, you should not have resigned until you had your new visa with a new sponsor.

Until you get a new visa, you cannot work.

Oh!
Thanks for the reply.
My last employer is asking me to work under “Bank” shifts as when available while I’m waiting for new CoS. The new employer’s HR stated that I could work under Bank shifts, a maximum of 1 day per week.
I don’t know if this is legal? I don’t want my new visa refused if I end up working for any of them until I get the new visa.
The Tier2 guidelines has not mentioned anything about working on Bank shifts.
Does anyone know the “same day” decision appointment earliest date as of now?

You cannot do any work if you are no longer working full time as per your CoS in your main job.

Your last employer would have informed HO that you left their employment and your CoS would have been cancelled.

There is no longer a same day decision service. That system closes tomorrow. You will have to apply using the new service.

Oh thanks!
Is Home Office introducing a new application route alike Same day decision one?
Where can I find the details about it?

No same day decision unfortunately, but different priced options.

uk-tier-2-employer-sponsored-visas/new- ... 67055.html

Oh is this new service the same as VFS global services offered in other countries?

I am not familiar with vfs services abroad.

VFS global services is offered in Country like India, where you submit the printed version of online application along with all the supporting documents and provide biometric information. Appointment dates should be selected after submitting the online application form. You also get the option of text alerts for 3 basic tracking progress/status and once decision has arrived to help you either collect the documents from their offices or for optional courier delivery and both are charged.

samdav7 wrote: ↑

Thu Dec 06, 2018 6:17 pm

VFS global services is offered in Country like India, where you submit the printed version of online application along with all the supporting documents and provide biometric information. Appointment dates should be selected after submitting the online application form. You also get the option of text alerts for 3 basic tracking progress/status and once decision has arrived to help you either collect the documents from their offices or for optional courier delivery and both are charged.

I know who and what they are, I have not got experience using them!!!

CR001 wrote: ↑

Thu Dec 06, 2018 6:20 pm

samdav7 wrote: ↑

Thu Dec 06, 2018 6:17 pm

VFS global services is offered in Country like India, where you submit the printed version of online application along with all the supporting documents and provide biometric information. Appointment dates should be selected after submitting the online application form. You also get the option of text alerts for 3 basic tracking progress/status and once decision has arrived to help you either collect the documents from their offices or for optional courier delivery and both are charged.

I know who and what they are, I have not got experience using them!!!

Oh, I have used them many times.

I have received the CoS information and it states as Ter 2 (General - 'Switching Immigration Category').
I am currently on Tier 2 General and applying for the same. I am not sure why the HR had applied under this category.

When I changed employment last year, the CoS had 'Changes of Employment - ISC exempt'. I am not sure if 'Switching Immigration Category' is the same as 'Changes of Employment - ISC exempt'??
I don't want to submit the application just yet until this is confirmed.
Does anyone know about this or come across this issue?
Thanks!

Update:
I enquired the HR and they have said that they have issued under the 'Switch Immigration Category' to other employees as well and they all have received visa without issues.

Should this be enough for me to make my application???

I am trying to locate the online application form to apply and it says:

Apply in the UK
Check if you can apply from inside the UK to:

extend your existing Tier 2 (General) visa
switch to this visa from another visa

samdav7 wrote: ↑

Thu Dec 06, 2018 6:27 pm

I have received the CoS information and it states as Ter 2 (General - 'Switching Immigration Category').
I am currently on Tier 2 General and applying for the same.

Hi,
Can anyone explain if the Tier 2 General ('Switching Immigration Category') is the correct category when you change employment under existing Tier 2? My HR had applied under this category and I submitted my application too!

Thanks!

CR001 wrote: ↑

Tue Dec 11, 2018 5:20 pm

uk-tier-2-employer-sponsored-visas/tier ... l#p1713119

Thanks for sending the link and apologies for creating another topic on this. As there was no advise on this, I opened a new topic.

My occupation is not in the shortage of occupation code and they had duly conducted the resident labour market test and paid for the IHS (Immigration Health Surcharge) cost and assigned the CoS.

I had asked the HR about this when they provided me the CoS as the word 'Switching Immigration Category' is not about switching employment! The HR informed that they had applied the CoS under the same category (CoS - Switching Immigration Category) from another employee (switching employer; from Tier 2 to Tier 2) couple of months back and their visa was approved and not to be anxious.
Will this risk my application to be rejected?
Thanks!

I cannot answer your question or comment on 'another applicants' process.

You are not switching visa categories, so switching does not make sense. You are changing employers, which as far as I understand, is an extension.

The link I provided is for reference and whether SOL or RLMT required is irrelevant. Change of employer CoS would be the same for all scenarios.

CR001 wrote: ↑

Tue Dec 11, 2018 5:53 pm

I cannot answer your question or comment on 'another applicants' process.

You are not switching visa categories, so switching does not make sense. You are changing employers, which as far as I understand, is an extension.

The link I provided is for reference and whether SOL or RLMT required is irrelevant. Change of employer CoS would be the same for all scenarios.

Thanks for the input! I have to wait and see what the decision comes out and go from there.

samdav7 wrote: ↑

Tue Dec 11, 2018 5:58 pm

CR001 wrote: ↑

Tue Dec 11, 2018 5:53 pm

I cannot answer your question or comment on 'another applicants' process.

You are not switching visa categories, so switching does not make sense. You are changing employers, which as far as I understand, is an extension.

The link I provided is for reference and whether SOL or RLMT required is irrelevant. Change of employer CoS would be the same for all scenarios.

Thanks for the input! I have to wait and see what the decision comes out and go from there.

Further to my last reply, I have looked into "Creating a CoS: guide for Tiers 2 and 5 sponsors (SMS guide 8A)" in paged 6 - 7: under 'Significant errors (page 7)
"How to amend details entered on an assigned CoS:
Significant error
You must cancel a CoS and assign a new one if you have made a significant error such as:

 the SOC code is wrong
 you have assigned it under the wrong tier or category
 you have given wrong details for more than one of the below:
o the migrant’s nationality
o the migrant’s date of birth
o the migrant’s surname "

This does imply that it is an incorrect category and accounts for significant error?
I have informed this to the HR. Should I request them to reassign a new CoS and make a resh application while my application is submitted and under processing time? As the chances of rejection appears to be high.

Thanks!

If my Tier 2 gets rejected under the CoS grounds, how many days will I be given to stay and to reapply under a new CoS or how many days after which I have to leave the country? Will it be 60 days of curtailment of leave from the date of rejection?

When does your current visa expire?

The 60 days curtailment starts from the date of the curtailment letter IF your visa is valid for longer than 60 days.

I did not receive any letter from the Home Office from the day of my last date of employment to till date.
My current visa is valid until Feb 2021. In case it gets refused, will they curtail my existing visa from the date of refusal to 60 days or asked to reapply/leave within few days?
I also think I wont have any grounds of applying for a Review if the CoS category does turn out to be inappropriate!

Being refused a visa and curtailment letter are two completely different things, neither dependent on the other.

If HO curtail your visa, it could be done even after you submit a new application and are waiting. A refusal will likely bring you to HO's attention more quickly though and prompt a curtailment letter being sent.

Oh!
Under this circumstance, it would be best for me to look for jobs and aim towards getting a new CoS, considering the time it takes to complete the RLMT etc.
And maybe make a new Tier 2 application by the time I receive the decision letter, so to save the time and reduce the risk of days I will be given to stay/apply?
Or Can I make a new application while my decision is pending? Can my employer issue a new CoS while my existing application is still pending? Or Should I apply jobs under different employer and get a new CoS and apply asap?