Job change in tier 2 general

Hi,

I'm currently on Tier 2 General and going for a job change.

I'll get a new CoS in 1-2 month once I accept the offer.

My queries are -

1. Should I wait till i get the new CoS before resigning the current Job?

2. In case after getting the new CoS, i don't want to change my current job. Would that cause any issue? I'm due to apply for ILR in 3-4 months from now. Would there be a problem in ILR application if i have 2 CoS?

3. If I take the new job but my new salary is less than the salary in current job, would that be an issue while applying for ILR?

Please help answer the queries.

Thanks in Advance!

Also another query - Can I get a CoS with different Job Code than what I have in current CoS. Would that cause a problem in ILR application.

Hello experts, please respond!

You can only start work on the start date mentioned on cos whether the visa is in process or granted.

1. Should I wait till i get the new CoS before resigning the current Job?
Always wait for new COS as it will have a start date on it and never know after resigning there might be delay for issuance of COS.

2. In case after getting the new CoS, i don't want to change my current job. Would that cause any issue? I'm due to apply for ILR in 3-4 months from now. Would there be a problem in ILR application if i have 2 CoS?
CoS is only a number until and unless you apply for Change of Employer with UKVI, so you can refuse it before submission of your application anytime you want too.

3. If I take the new job but my new salary is less than the salary in current job, would that be an issue while applying for ILR?
As long as the new salary is above the ILR threshold for the year you eligible for it does not matter if your salary is decreased or not.

Thanks so much for the response!

Can you please help with below query as well -

Can I get a CoS with different Job Code than what I have in current CoS. Would that cause a problem in ILR application

Can I get a CoS with different Job Code than what I have in current CoS. Would that cause a problem in ILR application

1. Yes.

2. No.

Thanks for the response!

Can someone please confirm my below understandings

1. I can maximum live 6 years in UK in Tier 2 General visa. As I have spend almost 5 years with my current employer. I can only get a Tier 2 /CoS for one more year from my new employer.
2. My current visa expires in January 2021. So is that of my spouse who is in dependent visa. If I get a new Tier 2 for a year from my new employer, i need not apply tier 2 again for my spouse if I'm planning to apply for ILR for both before January 2021. Otherwise i have to also apply for my wife.

Hello experts please respond to above queries.

Thanks CR001 for the link. It answers my second query. My understanding is correct in this regard.

Can you please help me with my first query?

Regardless of how long the CoS is for, UKVI will only issue a visa taking you to 6 years max on tier 2. So if the CoS is 3 yeas, you will only get a visa to the 6th anniversary date of when you started on Tier 2.

Thanks!

Hi,

I'm in tier 2 general visa currently and deciding on joining a new job.
current visa expiry date: mid January 2021
Eligible for ILR: mid December 2020

My queries are
1. One of the immigration lawyer suggested me not to resign from my current job until i get the visa application approved with new CoS from my new employer. I would like to re-confirm from experts here if doing this is ok as per the immigration law?
2. With no priority service available currently, i dont know how long it will take to get a decision on the tier 2 visa . If i get a decision on new visa before my current visa expires, then it would be easy for me. Then based on the visa decision, (If visa accepted )- I can resign my current job and join my new job or (If visa rejected) - I can stay with my current employer and apply for ILR.

But I'm worried If i get a decision on the new visa after my current visa expires. I'm not sure what happens in this scenario.
2.a - In this scenario, my current employer would know that i'm leaving the job anyway as neither i have applied for an extension nor applied for ILR with them. Would this cause any problem with my visa application?
2.b - If my visa gets rejected, then what options do I have to stay in UK?

1. Yes, makes sense.

2. Check this timeline to get an idea: http://www.immigrationboards.com/uk-tie ... 60823.html

2.a current employer HR generally check renewals/further processing around 1-3 months, so they may ask when you plan to apply for ILR so they can support your application, etc. Yes, they will know if you don't approach them for ILR until your current visa runs out. They can't do anything but expect you to provide notice if you plan to resign, but without valid visa they won't allow you to work after visa expiry.

2.b. if your current visa expires before your new application gets rejected, then you'll have very limited time to get things in order. You'll have couple of weeks I think to file admin review (AR) if you think ukvi did some mistake. While AR is going on you could file a new application with another employer if you have a different offer. As long as you file in time, you'll be ok but it's going to be stressful & messy and if things go south you may have to go back to your home country.

In this pandemic, it's best to stick to current employer, get ILR sorted and once you have it's much better to change jobs. Just my personal opinion btw. If super priority application comes back then you can definitely try your luck with new offer but otherwise you need to think hard if it's worth the risk or not.

Thanks srsw for such detailed response!

Your suggestion is also very appreciated. I just hope the priority service is resumed soon, that would help a lot. Because i would like to do the job change and if i apply for ILR with current employer with standard service then i cant change job for may be 6-8 months till the decision is made. Also my understanding is that i can't change from standard to priority at a latter stage in the application process when priority service is back again.

ILR is not taking 6 to 8 months.

Oh thanks CR001. Not sure where i got that info. Just checked the timeline and some people are getting the decision within 1 months which is great news.
Can I ask when is the earliest i can leave my current job if I apply for ILR - is it when i get the decision or when i get the BRP?

Once ilr is approved. You need your brp card to prove your right to work.