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employer problem

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

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got
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Joined: Tue Oct 17, 2017 9:06 pm
Japan

employer problem

Post by got » Tue Jan 29, 2019 1:46 am

Hello,
My past employer sponsored me from july 2014 on tier 2 general. my visa is till july 2020 and I am eligible for ilr in july 2019 . I served notice till mid jan 2019 through mutual consultations. However he appears to keep me engaged for sometime though he hasn't confirmed this to me. I guess this because he hasn't told me yet that they have cancelled my visa but neither has he paid my salary from end of notice till current time date. A back pay may mitigate this I guess. I am moving to another employer with different SOC code. The soc code for new job is suitable to cover work for my past employer.Please guide me through my best options:
option 1: make my current employer reduce my hours till minimum rate required for ILR on sms while get approval that my visa will be kept valid till july end and I send the change of circumstances form alongwith my new tier 2 visa application. request a new cos from my new sponsor and use priority service and treat it as secondary employment. I read in the ILR documentation that the secondary employment salary is considered over primary if it is above the minimum required. Note that the new i.e. secondary employment is fixed term till july 2019.
option 2: just apply with new cos only. In that case the current employer visa gets cancelled automatically by HO, or must I resign after i receive the new visa. However I must be sure that my current visa is still valid. How can I check this myself rather than ask my past employer?
I have already asked my past employer for my absence records but he has so far hasn't responded. The new employer is insisting that i resign first which is risky. The new employer is also insisting on the start date. I guess it is purely a number and i might receive visa even after that date correct ?so its gamble to leave the current hopefully valid visa. I want to negotiate less with my past employer as I have worked hard to get the new job. So please advice on my options or suggest. I very much appreciate.

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: employer problem

Post by UKLL » Tue Jan 29, 2019 7:18 pm

got wrote:
Tue Jan 29, 2019 1:46 am
Hello,
My past employer sponsored me from july 2014 on tier 2 general. my visa is till july 2020 and I am eligible for ilr in july 2019 . I served notice till mid jan 2019 through mutual consultations. However he appears to keep me engaged for sometime though he hasn't confirmed this to me. I guess this because he hasn't told me yet that they have cancelled my visa but neither has he paid my salary from end of notice till current time date. A back pay may mitigate this I guess. I am moving to another employer with different SOC code. The soc code for new job is suitable to cover work for my past employer.Please guide me through my best options:
option 1: make my current employer reduce my hours till minimum rate required for ILR on sms while get approval that my visa will be kept valid till july end and I send the change of circumstances form alongwith my new tier 2 visa application. request a new cos from my new sponsor and use priority service and treat it as secondary employment. I read in the ILR documentation that the secondary employment salary is considered over primary if it is above the minimum required. Note that the new i.e. secondary employment is fixed term till july 2019.
option 2: just apply with new cos only. In that case the current employer visa gets cancelled automatically by HO, or must I resign after i receive the new visa. However I must be sure that my current visa is still valid. How can I check this myself rather than ask my past employer?
I have already asked my past employer for my absence records but he has so far hasn't responded. The new employer is insisting that i resign first which is risky. The new employer is also insisting on the start date. I guess it is purely a number and i might receive visa even after that date correct ?so its gamble to leave the current hopefully valid visa. I want to negotiate less with my past employer as I have worked hard to get the new job. So please advice on my options or suggest. I very much appreciate.
Please be aware that if your new job is fixed term, you will unlikely be able to apply for IRL because
. You must provide a letter from your current sponsor confirming:
• you will still be required for the foreseeable future

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