Starting with new employer while switching visa

leoinlondon · Post by **leoinlondon** » Sun Jun 28, 2020 7:36 pm

Dear experts,

I came to UK in March 2011 on Tier 2 Established Staff visa. This visa has been extended so far in the Tier 2 ICT category. My understanding is that in March 2021, I should be eligible for ILR on the 10 year route.
I am now being offered a new job that I want to take up, and my new employer will sponsor Tier 2 General visa. I have following questions:

1. Am I eligible to switch to Tier 2 (General) from my current visa?
2. If yes, I hope I can switch in-country?
3. if I change the visa, will my 10 year route still be fine i.e. I will still be eligible to apply ILR in March 2021?

And in general, is there anything else that I should be aware of while making this switch?

Thanks so much!

CR001 · Post by **CR001** » Sun Jun 28, 2020 7:53 pm

1. Yes.

2. Yes, in country.

3. All visa count for 10 years long residnece ilr, even visitor visas.

leoinlondon · Post by **leoinlondon** » Sun Jun 28, 2020 8:20 pm

Thanks for the quick reply - much appreciated.

May I please ask a follow-up question. Given the whole ongoing Covid situation, roughly how much time is it taking to switch to Tier 2 General nowadays?

CR001 · Post by **CR001** » Sun Jun 28, 2020 8:26 pm

Only standard service is available which takes about 8 weeks.

leoinlondon · Post by **leoinlondon** » Sun Aug 09, 2020 6:19 pm

Hello everyone,

I plan to switch from Tier 2 ICT (pre Apr-2011, Established Staff Category) to Tier 2 General. The new employer is ready to sponsor me. New employer has mentioned that I can start working with them even before the Tier 2 general visa is fully approved. They have mentioned that they will submit my Tier-2 Gen application and conduct an Employer Checking Service (ECS). Once the ECS outcome is positive, I would be able to start with the new employer.

I have few related questions:

1. Can I really start even before the Tier 2 General application is fully complete i.e. even when I have received the Tier 2 General BRP?

2. During the period when my Tier 2 General Application is in-process, is it not that my visa is still the existing employer’s visa (Tier 2 ICT). So even if my ECS result is positive - will it not be due to my work authorisation with my current employer only? I don't know if ECS report shows the employer name with whom I can work?

3. What’s the earliest stage of T2G application process when I can switch to the new employer. I don’t have any notice period with the current employer, and I want to start as early as possible without breaching any immigration rules?

Thanks in advance

poper · Post by **poper** » Mon Aug 10, 2020 9:20 am

Refer the Covid guidance from the HO:

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.

leoinlondon · Post by **leoinlondon** » Tue Aug 11, 2020 1:28 pm

poper wrote: ↑
Mon Aug 10, 2020 9:20 am
Refer the Covid guidance from the HO:

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.

Thank you Poper. It looks like allowing to start work with the new employer when application is in-process is a relaxation due to the Covid situation. Not sure how long this relaxation will last.

I have another related question on the last point. If I am currently on Tier 2 ICT visa and a new sponsor applies for Tier 2 General. If my Tier 2 General application is rejected for some reason, then will my existing Tier 2 ICT visa would simply continue (as Tier 2 General application didn’t go through), OR will I become without any visa?

Thanks in advance

poper · Post by **poper** » Tue Aug 11, 2020 1:38 pm

leoinlondon wrote: ↑
Tue Aug 11, 2020 1:28 pm

poper wrote: ↑
Mon Aug 10, 2020 9:20 am
Refer the Covid guidance from the HO:

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.
Thank you Poper. It looks like allowing to start work with the new employer when application is in-process is a relaxation due to the Covid situation. Not sure how long this relaxation will last.
Yes, the relaxation can be removed anytime by HO

I have another related question on the last point. If I am currently on Tier 2 ICT visa and a new sponsor applies for Tier 2 General. If my Tier 2 General application is rejected for some reason, then will my existing Tier 2 ICT visa would simply continue (as Tier 2 General application didn’t go through), OR will I become without any visa?
Your existing visa(Tier 2 ICT) will continue if your Tier 2 General application is refused

Thanks in advance

leoinlondon · Post by **leoinlondon** » Tue Aug 18, 2020 8:13 am

Thanks again Poper. Good to know that Tier 2 ICT will continue. However am I correct to think that if I join new employer (Company B) before the outcome of Tier 2 General - my existing employer (Company A) will inform home office that I have left the firm. Home office will then curtail my Tier 2 ICT visa (of Company A) and send me a curtailment letter? Later if even the Tier 2 General (Company B) doesn’t go through successfully – I will be left with no visa. I have 2 related questions:

Can I re-apply for Tier 2 General with Company B again (fixing the rejection reason)? In this case, will my continuous residence for 10 year ILR be broken due to a period of no visa in between?

Alternatively, if I don’t apply Tier 2 General (also stop working with company B) and just wait for the curtailment letter to come for Tier2 ICT visa (of company A) – and meanwhile I complete 10 years in UK – can I directly apply for 10 year ILR then? Essentially I am asking can one apply for 10 year ILR if they are waiting for curtailment letter or they are within a curtailment period of 60 days?

Thanks in advance

leoinlondon · Post by **leoinlondon** » Wed Aug 19, 2020 9:19 am

Senior members of the forum - please let me know your thoughts about my above queries. Thanks in advance.

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