TIER 2 ICT VISA EXIPRED WHILE SWITCHING TO NEW SKILLED WORKER is in progress

Hi All,

I am currently on TIER 2 ICT visa and it expires in MAR 2021 and I am completing 5 years on ICT visa so it can't be extended any more with my current salary.
If I find an employer who's ready to sponsor me and they start applying for my visa in Februray.

I have the below query and request the experts to help.

As per the gov.uk website the visa process may take upto 8 weeks and considering this covid situation it may get delayed.

1- What happens if I filled my visa application in February but my decision didn't came until Mar END?
2- Am I eligible to stay in UK until the decision comes on my new VISA?
3- Am I eligible to keep working for my old employer until the VISA decision comes?
4- When should I resign from my old job to avoid any complication considering I have 1 month notice period?

Request your help and advice.
Thanks

1. Nothing happens. Section 3C protection kicks in meaning your ICT visa conditions continue until a decision is made on the new application.

2. Yes.

3. Yes.

4. Your choice

Thank you for replying.so will section 3C also apply if my ICT visa with current employer expires in March before any decision comes on the new skilled worker visa?

- Would my cooling off period start if I don't get new visa until Mar 2021? I will complete 5 years in ICT visa on Mar 2021.
-What proof can I show to my current employer that I can still work for them post Mar 31,when I am waiting for visa with new employer? Because my visa is due to end, it is most likely that my current employer will ask me to leave country or ask documents for visa switch much before Mar 31. It gets complicated if I tell them other employer is processing my visa and I want to work for them until the visa goes through.

Thank you for replying.so will section 3C also apply if my ICT visa with current employer expires in March before any decision comes on the new skilled worker visa?

Yes.

- Would my cooling off period start if I don't get new visa until Mar 2021? I will complete 5 years in ICT visa on Mar 2021.

There is no longer a cooling off period, so this is irrelevant.

-What proof can I show to my current employer that I can still work for them post Mar 31,when I am waiting for visa with new employer? Because my visa is due to end, it is most likely that my current employer will ask me to leave country or ask documents for visa switch much before Mar 31. It gets complicated if I tell them other employer is processing my visa and I want to work for them until the visa goes through.

You won't have any proof and if they didn't provide a cos for a visa, they will know you have likely found another employer and switching to a different visa. This is an issue you will have to deal with based on your employment contract terms and conditions. It is not an immigration matter.

Thanks For the response.

Sorry If my questions feels silly just trying to avoid a situation to be out of job and visa in UK or staying in UK illegally.

What happens if my employer cancels my current ICT visa while my new Visa application for Skilled Worker visa is still under process ?

Like Can I just stay in UK until my decision on new visa comes?
Or do I need to leave uk and my application becomes invalid?

Thanks

Only ukvi can cancel your visa. An employer does not have that power. They merely inform ukvi they are no longer your sponsor and ukvi does the rest.

Thanks a lot for the prompt response.

I am sure if they try to raise a COS for me just for renewal they will find out that I already have an COS pending.

So they might ask me to resign. In that case I believe it's up-to me and the employer to negotiate.

What is your thoughts on this?

Thanks

This is a risk you take and is relevant to your employment terms and conditions you signed. This has nothing to do with immigration as such. You will need to speak to them whatever occurs.

There is NO way they will know you have a cos pending with another employer that would be a breach of GDPR. They will only know if you tell them.

How you explain yourself out of the situation with your ICT employer, no one on the forum can advise.

Thanks,

So If I left the company, I can stay in UK until my new application decision comes but can't work, is that the case ?
What about my dependents can they work or they also have to resign ?

Thanks

I can stay in UK until my new application decision comes but can't work, is that the case ?

Yea, provided you have submitted an application for a skilled visa before your current visa expires.

What about my dependents can they work or they also have to resign ?

Your resignation has nothing to do with your dependents work rights. They just Alps apply for visas before their current visa expire.

CR001 wrote: ↑

Thu Jan 07, 2021 12:51 pm

There is NO way they will know you have a cos pending with another employer that would be a breach of GDPR. They will only know if you tell them.

If a sponsor tries to issue a COS and there is a live COS in the system already it blocks the other attempt. So it becomes pretty obvious there is a COS issued by another party...

Depending on the nature of your current sponsor it could be ok or not if / once they establish that you are not staying with them.
They are not compelled to carry on sponsoring you or to keep you on beyond your visa expiry date. It is normal to have your contract terminate on or before your visa expiry date. I would check you contract to see what is states.
Limited time or fixed term contracts ( those are the norm with employees subject to immigration control) actually alllow you to walk away on the last day of employment, and that is it. No notice period required.

While 3c allows you to carry n your existing visa conditions it is pretty pointless if you are not staying with your current employer. A new employer can only employ you when you receive the skilled worker visa in any event.

Thanks for all your responses.
As I am filling my application on my own I have some queries and need your suggestion.
1- Do we really need to hire a lawyer to file for the visa ?
2- I need to fill the owner details as part of the application, but I have rented the house with the agency which has the owner name but the address is of the agency in the agreement. So what should I fill the address of my owner in the application?
3- Anything in particular i need to worry about while filling application as I am switching from Tier 2 ICT to Skilled worker visa ?
4- While filling in the child section Your parent's or legal guardian's details do it need to have both Father and mother detail.