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Start date on CoS and real start date

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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UKLL
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Questions regarding Change of Employment Application

Post by UKLL » Sat Nov 04, 2017 11:45 am

Hello,

I am currently holding a Tier 2 (General) visa and I am in the process of changing my employer as I have been offered a new job. My new employer is doing the visa application for me but I don't quite understand how they do it as it is very different from what I read from the Guideline. Therefore I am posting to ask if you have had or heard similar experience. This is just to reassure myself as I am a worrier in nature.

Basically, the change of employment is from one NHS Trust to another NHS Trust for the same job title (therefore should be within the same SOC). The job has been advertised for one month, which meets the Resident Labour Market test. The new employer is paying for the visa application, which I am happy with. However,

1. they filled in the visa application for me which I have not had a chance to check and I believe they have submitted it
2. Most importantly, HR told me I do not have to provide any documents (passports, current BRP etc.), which again I find quite bizarre.

Is this normal practice? Thank you.

I have not resigned from my current job just in case the new application is rejected, so that I could still stay with my current employer.

UKLL
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Change of Employment and resignation notice

Post by UKLL » Wed Nov 08, 2017 8:13 pm

Hello,

My new employer is currently applying for a new tier 2 working visa for me. Is it OK for me to hand in my resignation notice to my current employer afterI know my new visa is definitely approved? My current employer is fine with a short notice. I am asking because my new employer has sent off my visa application this morning and advised me that I do not need to send any supporting documents (passport, current BRP etc.), which I find very bizarre. Therefore I don't want to resign until I know I definitely have got the new visa.

I don't need to resign to be able to apply for a new visa, is that correct? (from Home Office point of view)

Thank you very much.

UKLL
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Re: Change of Employment and resignation notice

Post by UKLL » Wed Nov 08, 2017 8:34 pm

In addition to above, my new start date is beginning of December. The notice period stated in my current contract is one month. My manager has told me that the notice period is not a "law", so shorter notice than one month is fine with them.

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Re: Change of Employment and resignation notice

Post by CR001 » Thu Nov 09, 2017 10:10 am

My understanding is that passport and BRP is mandatory to submit with a new application, in addition to various other bits of documents.

You should not resign until you have a new visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

MarianneI
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Re: Change of Employment and resignation notice

Post by MarianneI » Tue Nov 14, 2017 10:54 pm

CR001 wrote:
Thu Nov 09, 2017 10:10 am
My understanding is that passport and BRP is mandatory to submit with a new application, in addition to various other bits of documents.

You should not resign until you have a new visa.
I have a question furthet to this please. I intend to resign and hand my notice after i receive the new visa sponsored by my new employer which i understand is advisable. However i’m worried that my current employer will be notified that i’m in the process of transferring sponsorship. Does the home office notify the current employer that their sponsorship is being ended and transferred? Thanks in advance

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Re: Change of Employment and resignation notice

Post by Djsuccess » Wed Nov 15, 2017 12:40 am

MarianneI wrote:
Tue Nov 14, 2017 10:54 pm
CR001 wrote:
Thu Nov 09, 2017 10:10 am
My understanding is that passport and BRP is mandatory to submit with a new application, in addition to various other bits of documents.

You should not resign until you have a new visa.
I have a question furthet to this please. I intend to resign and hand my notice after i receive the new visa sponsored by my new employer which i understand is advisable. However i’m worried that my current employer will be notified that i’m in the process of transferring sponsorship. Does the home office notify the current employer that their sponsorship is being ended and transferred? Thanks in advance
The UKVI does not notify your current sponsor about your application.
Don't resign until you have your new visa. Again, it is bizarre that the application as submitted without your passport and current BRP. I doubt the application will be treated without your passport and BRP
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

UKLL
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Urgent - where do I apply for Tier 2 Change of Employment

Post by UKLL » Thu Nov 16, 2017 5:48 pm

Hello,

I wonder if someone could kindly help me! I am applying for the Tier 2 (Change of Employment Application) from inside the UK. What's the correct link to the online application website? I have tried to find it out on Gov.uk but there are only apply outside, extend, or switch.

Should I choose the extend one? Thank you!

UKLL
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CoS -- period of approval

Post by UKLL » Thu Nov 16, 2017 7:06 pm

Hello,

In my Certificate of Sponsorship my employer has selected "Y" to the question Does the migrant need to leave and re-enter the UK during the period of approval? Is this correct? I am applying from inside the UK (Tier 2 change of employer)

My understanding is the period of approval refers to the period between the COS being issued to me and the date the Home Office make a decision on my visa application. It does not refer to the period I will be sponsored for. Therefore I think they should choose "N".

Could you please kindly advise? Thank you very much

UKLL
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Re: Change of Employment and resignation notice

Post by UKLL » Sat Nov 18, 2017 2:50 pm

Djsuccess wrote:
Wed Nov 15, 2017 12:40 am
MarianneI wrote:
Tue Nov 14, 2017 10:54 pm
CR001 wrote:
Thu Nov 09, 2017 10:10 am
My understanding is that passport and BRP is mandatory to submit with a new application, in addition to various other bits of documents.

You should not resign until you have a new visa.
I have a question furthet to this please. I intend to resign and hand my notice after i receive the new visa sponsored by my new employer which i understand is advisable. However i’m worried that my current employer will be notified that i’m in the process of transferring sponsorship. Does the home office notify the current employer that their sponsorship is being ended and transferred? Thanks in advance

The UKVI does not notify your current sponsor about your application.
Don't resign until you have your new visa. Again, it is bizarre that the application as submitted without your passport and current BRP. I doubt the application will be treated without your passport and BRP
Apparently I have been misled by the HR, they told me they have finished the visa application but in fact they have only done the CoS and just asked me to apply for the visa. Have sent it yesterday and fingers crossed!

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Re: CoS -- change of employment tier 2 general

Post by MarianneI » Thu Nov 30, 2017 4:25 pm

Hi team,

I’m currently working as a marketing researcher in the UK. Been relocated from Egypt to the Uk and been here for 3 years now. Originally my employer issued a work permit and a CoS for me and i was granted a tier 2 general visa that expires in july 2019.

I now signed a new offer letter with a new employer still in the same field, market research.

My understanding is that the process would be much easier as i’m already in the UK and my visa is still valid but u will just need to transfer the CoS. However my new employer just informed me that we will need to restart the visa process, that it will cost around 3000£ and that we will have to wait for one month before we apply for the CoS and the visa which will take collectively around 3 months 😳 could you please advise what is the correct process for this and what are the timelines? Also if there are useful links to guidelines around the process? Many thanks in advance!

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Re: CoS -- change of employment tier 2 general

Post by CR001 » Thu Nov 30, 2017 4:41 pm

MarianneI wrote:
Thu Nov 30, 2017 4:25 pm
Hi team,

I’m currently working as a marketing researcher in the UK. Been relocated from Egypt to the Uk and been here for 3 years now. Originally my employer issued a work permit and a CoS for me and i was granted a tier 2 general visa that expires in july 2019.

I now signed a new offer letter with a new employer still in the same field, market research.

My understanding is that the process would be much easier as i’m already in the UK and my visa is still valid but u will just need to transfer the CoS. However my new employer just informed me that we will need to restart the visa process, that it will cost around 3000£ and that we will have to wait for one month before we apply for the CoS and the visa which will take collectively around 3 months 😳 could you please advise what is the correct process for this and what are the timelines? Also if there are useful links to guidelines around the process? Many thanks in advance!
You cannot 'transfer your CoS' that you have your current visa on to a new employer.

A new employer must complete the full and proper RLMT process for 28 days before they can offer you the job and issued a CoS. Once you have the CoS, you have to apply for a new Tier 2 General visa and pay the visa fee and Immigration Health Surcharge.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

UKLL
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Start date on CoS and real start date

Post by UKLL » Thu Dec 07, 2017 7:06 pm

Hello everyone,

I have got a question regarding the start date on the CoS.

I will give a full scenario to make it clearer:

I am currently working for NHS Trust A, and I am applying for Tier 2 Change of Employment for NHS Trust B.

NHS Trust B states on my CoS that my start date is 05 December 2017. I submitted my visa application on 16th November 2017, and I have only enrolled my biometric information on 06 December 2017. Now my application is still (hopefully) under process, which has obviously passed the start date stated on the CoS.

Now here is the questions: I am still working for NHS Trust A at the moment, and agreed that I will not leave until my new visa is approved. The Guideline says I could continue to work for my old company (Trust A) until the start date on the new CoS, but obviously now the date (05 December) has passed, and I am still working for NHS Trust A. Is this OK? Does NHS Trust B just need to change my start date (to for example 05 Jan 2018) on their system once I have received the new visa to avoid overlap?

Thank you!

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