Changing Employers from Tier 2 to Tier 2

cset134 · Post by **cset134** » Thu Jan 24, 2013 12:16 am

I have been employed under tier 2 (switched from tier 4 in September 2012) however I now intend to change to a new job with another employer who is offering tier 2. Will the cooling off period apply here?

manci · Post by **manci** » Thu Jan 24, 2013 8:27 am

you can switch Tier 2 General employers as many times as you want provided you stay in the UK. Cooling-off only applies to entry clearance applications (from abroad)

But don't resign from your present job until you have a new CoS, have applied to extend your leave and your application has been approved by UKBA

cset134 · Post by **cset134** » Mon Jan 28, 2013 2:07 pm

Thanks so much for your reply. However won't I have to resign from my current job to be able to make a new visa application (i.e. can you have 2 tier 2 visas at the same time? Only when I resign my current employer can cancel my tier 2 and I can apply for the same with my new employer?)

manci · Post by **manci** » Mon Jan 28, 2013 2:51 pm

cset134 wrote:Thanks so much for your reply. However won't I have to resign from my current job to be able to make a new visa application (i.e. can you have 2 tier 2 visas at the same time? Only when I resign my current employer can cancel my tier 2 and I can apply for the same with my new employer?)

No, that is not so.

The new employer can assign a CoS to you and you can apply for leave to remain before resigning your job. Once the application is approved your visa will be changed.

The danger of resigning before getting your application approved by UKBA is that if there is any problem with the application, and it is refused, you may have to leave the country and will not be able to return under T2 for 12 months.

cset134 · Post by **cset134** » Mon Jan 28, 2013 5:32 pm

Thank you for your reply and sharing your knowledge

amit.verhani · Post by **amit.verhani** » Tue Jan 29, 2013 11:58 am

manci wrote:
cset134 wrote:Thanks so much for your reply. However won't I have to resign from my current job to be able to make a new visa application (i.e. can you have 2 tier 2 visas at the same time? Only when I resign my current employer can cancel my tier 2 and I can apply for the same with my new employer?)
No, that is not so.

The new employer can assign a CoS to you and you can apply for leave to remain before resigning your job. Once the application is approved your visa will be changed.

The danger of resigning before getting your application approved by UKBA is that if there is any problem with the application, and it is refused, you may have to leave the country and will not be able to return under T2 for 12 months.

Hi Manci,

I am in a similar situation and need some help figuring this out please...

Does my new employer need to do a Resident Labour Market Test if I am switching from Tier 2(G) to Tier 2(G) ??

Thanks a lot,

manci · Post by **manci** » Tue Jan 29, 2013 12:09 pm

amit.verhani wrote:
manci wrote:
cset134 wrote:Thanks so much for your reply. However won't I have to resign from my current job to be able to make a new visa application (i.e. can you have 2 tier 2 visas at the same time? Only when I resign my current employer can cancel my tier 2 and I can apply for the same with my new employer?)
No, that is not so.

The new employer can assign a CoS to you and you can apply for leave to remain before resigning your job. Once the application is approved your visa will be changed.

The danger of resigning before getting your application approved by UKBA is that if there is any problem with the application, and it is refused, you may have to leave the country and will not be able to return under T2 for 12 months.
Hi Manci,

I am in a similar situation and need some help figuring this out please...

Does my new employer need to do a Resident Labour Market Test if I am switching from Tier 2(G) to Tier 2(G) ?? Yes, the RLMT is required for change of employment applications unless the job is a shortage occupation or the salary is more than £150k.
Thanks a lot,

sterlite123 · Post by **sterlite123** » Thu Jan 31, 2013 9:18 pm

^^ Thanks for your response.

I have an interview coming up next week (I am already working on Tier 2 Visa). I need clarification regarding the following:

1. My potential employer is asking how can they apply for new CoS without informing my current employer.

2. How long does it take for the new employer to get the CoS allotted to me? But can I apply for Visa after getting CoS without resigning from my current job or should I resign?

3. Would I be called for biometrics again and a new visa be issued or will they just update my details based on existing visa?

4. When can i start working for the new employer? Because the link here from UKBA website says "We must approve the migrant's application before they can start their new job, whether that job is with their existing sponsor or with a new sponsor.".. What does approval mean? New visa or something like an acknowledgement letter that UKBA will issue permitting me to start work at new employer

5. Are there any web links which clearly tells the process to switch between categories which I can show to my potential employer?

Thanks in advance

amit.verhani · Post by **amit.verhani** » Thu Jan 31, 2013 9:50 pm

sterlite123 wrote:^^ Thanks for your response.

I have an interview coming up next week (I am already working on Tier 2 Visa). I need clarification regarding the following:

1. My potential employer is asking how can they apply for new CoS without informing my current employer.
-They do realise they apply for CoS to UKBA NOT TO your current employer. So the question is HOW & WHY do they think your current employer will even come to know if they apply for a CoS to UKBA.

2. How long does it take for the new employer to get the CoS allotted to me?
To get their CoS allocation increased - UKBA recommends 4 weeks.

To assign it to you, I would say 15mins max

But can I apply for Visa after getting CoS without resigning from my current job or should I resign? - you should only resign AFTER you get your new visa with your new employer

. Would I be called for biometrics again - not sure, but I would expect so
and a new visa be issued or will they just update my details based on existing visa? = obviously a new visa will be issued.

4. When can i start working for the new employer? Because the link here from UKBA website says "We must approve the migrant's application before they can start their new job, whether that job is with their existing sponsor or with a new sponsor.".. What does approval mean? New visa or something like an acknowledgement letter that UKBA will issue permitting me to start work at new employer
Approval means APPROVAL, means UKBA has APPROVED your application and legally allowed you to stay in the UK. APPROVAL also means completion of the transaction between you and the UKBA...basically meaning ONCE YOU GET THE NEW VISA and ALL THE DOCUMENTS IN YOUR HAND

5. Are there any web links which clearly tells the process to switch between categories which I can show to my potential employer? - dont think so.

Thanks in advance

sterlite123 · Post by **sterlite123** » Thu Jan 31, 2013 9:58 pm

amit.verhani wrote:
sterlite123 wrote: 5. Are there any web links which clearly tells the process to switch between categories which I can show to my potential employer? - dont think so.

Thanks in advance

Thanks amit. I have one more question.. According to T2 policy guidance in para 197, it says "You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired."..
In the above statement do they mean I can start working for new employer even though I have not received my Visa.??

Full content of para 197 is given below:

197. It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if
the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

Anamik · Post by **Anamik** » Wed Feb 20, 2013 8:50 pm

Hi All,
I would like to add few more questions here that may help me and other too.
In coming months I am looking to switch to new employer.

1)what documents that I will need for my application? (documents list please)
2)Is any other conditions except RLMT and job SOC code?
3)Can I change my job Profile(SOC Code)?
4) Does I need to inform my current employer before to make application?

Thanks in advance.
Anamik

physicskate · Post by **physicskate** » Wed Feb 20, 2013 9:36 pm

Anamik wrote:Hi All,
I would like to add few more questions here that may help me and other too.
In coming months I am looking to switch to new employer.

1)what documents that I will need for my application? (documents list please)
2)Is any other conditions except RLMT and job SOC code?
3)Can I change my job Profile(SOC Code)?
4) Does I need to inform my current employer before to make application?

Thanks in advance.
Anamik

Here is all the info you can need on Tier 2 general applications. I suggest you read the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

You do not need to inform your current employer before your applications. Bear in mind that you will need to negotiate your notice period and will probably be required to serve this. That is between you and your employer, and is probably stipulated in your contract.

n8net · Post by **n8net** » Fri Feb 22, 2013 12:17 pm

Hi friends,

my firend is lookign for a job with a Tier 2 sponsor in accountancy.

al though I am aware of the list in UKBA site - it is difficult to filter the accountancy firms out of the 26k sponsors.

so if any1 know any sponsors in accountancy can you plz let me know?

thanks.

msislam · Post by **msislam** » Sat Feb 23, 2013 12:51 am

manci wrote:
amit.verhani wrote:
manci wrote:
cset134 wrote:Thanks so much for your reply. However won't I have to resign from my current job to be able to make a new visa application (i.e. can you have 2 tier 2 visas at the same time? Only when I resign my current employer can cancel my tier 2 and I can apply for the same with my new employer?)
No, that is not so.

The new employer can assign a CoS to you and you can apply for leave to remain before resigning your job. Once the application is approved your visa will be changed.

The danger of resigning before getting your application approved by UKBA is that if there is any problem with the application, and it is refused, you may have to leave the country and will not be able to return under T2 for 12 months.
Hi Manci,

I am in a similar situation and need some help figuring this out please...

Does my new employer need to do a Resident Labour Market Test if I am switching from Tier 2(G) to Tier 2(G) ?? Yes, the RLMT is required for change of employment applications unless the job is a shortage occupation or the salary is more than £150k.
Thanks a lot,

Hi Manci,

According to the CHANGE OF EMPLOYMENT APPLICATIONS guide

Same job, different employer
Employers do not need to demonstrate that they have advertised such a post again and normally a caseworker wouldn’t require to see the person’s qualifications or references again. If a caseworker has any doubts about previous evidence of a person’s qualifications or experience, however, they can request that such information is submitted again (see Qualifications of the Worker/ Experience of the Worker).

here is the details :http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Then why his new company need to do a Resident Labour Market Test ,
Pleaes correct me if I am wrong.

Regards,
Mr Islam

manci · Post by **manci** » Sat Feb 23, 2013 9:00 am

what you quoted applied to the work permit scheme which was replaced by the Points Based System in 2008.

The current requirements for the RLMT under Tier 2 General are here:
http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

Anamik · Post by **Anamik** » Sat Feb 23, 2013 6:46 pm

physicskate wrote:
Anamik wrote:Hi All,
I would like to add few more questions here that may help me and other too.
In coming months I am looking to switch to new employer.

1)what documents that I will need for my application? (documents list please)
2)Is any other conditions except RLMT and job SOC code?
3)Can I change my job Profile(SOC Code)?
4) Does I need to inform my current employer before to make application?

Thanks in advance.
Anamik

Here is all the info you can need on Tier 2 general applications. I suggest you read the guidance.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

You do not need to inform your current employer before your applications. Bear in mind that you will need to negotiate your notice period and will probably be required to serve this. That is between you and your employer, and is probably stipulated in your contract.

Thank you physicskate for your reply.
I had went through the policy guidance and other documents.
Then also I would like to know answers for questions 1 and 3.

I really appreciate if Manci you answer these questions

Thanks

shanta1654 · Post by **shanta1654** » Wed Feb 27, 2013 11:55 am

If anyone can provide some advice it will be much appreciated:
I am working with tier 2 (general) and my contract is coming to an end in April 30th. I have now a new job and my employer will provide a CoS now with start date of 1st May. Will it be possible that once I change my visa with new cos in March, i can still work till 30th april with my present employer? even if my BRP has changed?

manci · Post by **manci** » Thu Feb 28, 2013 2:38 pm

shanta1654 wrote:If anyone can provide some advice it will be much appreciated:
I am working with tier 2 (general) and my contract is coming to an end in April 30th. I have now a new job and my employer will provide a CoS now with start date of 1st May. Will it be possible that once I change my visa with new cos in March, i can still work till 30th april with my present employer? even if my BRP has changed?

see para 197 of the T2 policy guidance:
You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

In any case, you are not allowed to start work for the new sponsor before 1 May

reply2shash · Post by **reply2shash** » Tue Apr 16, 2013 11:23 am

Greetings:

I'm working on Tier-2 Intra Company Transfer in UK from last 4-5 months and looking for Tier-2 (General) visa, so I've some queries on this:

- Can I switch from Tier-2 > ICT to General visa?

- When should I resign from my current company after getting the visa stamped through my new sponsor or after getting the CoS from my new sponsor because I have to serve the notice period with my current sponsor say for 1 month?

- Can I do permanent job as well on tier 2 general instead of contract ones?

please put some light on the above mentioned confusions.

Thanks

manci · Post by **manci** » Thu Apr 18, 2013 7:35 am

reply2shash wrote:Greetings:

I'm working on Tier-2 Intra Company Transfer in UK from last 4-5 months and looking for Tier-2 (General) visa, so I've some queries on this:

- Can I switch from Tier-2 > ICT to General visa? not unless your first T2 ICT visa was under the rules before 6 April 2011.-

When should I resign from my current company after getting the visa stamped through my new sponsor or after getting the CoS from my new sponsor because I have to serve the notice period with my current sponsor say for 1 month?

- Can I do permanent job as well on tier 2 general instead of contract ones?

please put some light on the above mentioned confusions.

Thanks

reply2shash · Post by **reply2shash** » Thu Apr 18, 2013 9:09 am

manci wrote:
reply2shash wrote:Greetings:

I'm working on Tier-2 Intra Company Transfer in UK from last 4-5 months and looking for Tier-2 (General) visa, so I've some queries on this:

- Can I switch from Tier-2 > ICT to General visa? not unless your first T2 ICT visa was under the rules before 6 April 2011.-

>> Thanks Manci, so can I get the tier 2 general stamp from Ireland instead of going back to india?

When should I resign from my current company after getting the visa stamped through my new sponsor or after getting the CoS from my new sponsor because I have to serve the notice period with my current sponsor say for 1 month?

- Can I do permanent job as well on tier 2 general instead of contract ones?

please put some light on the above mentioned confusions.

Thanks

manci · Post by **manci** » Thu Apr 18, 2013 1:35 pm

if you leave the UK you would have to wait 12 months before you can apply for T2G entry clearance

safdarali · Post by **safdarali** » Fri May 10, 2013 4:32 pm

My TIER 2 Job finished on 30th April. I am selected by new employer but my job will start on June. How many days I have to apply for TIER 2 visa.

safdar

safdarali · Post by **safdarali** » Fri May 10, 2013 4:34 pm

My TIER 2 Job finished on 30th April prematurely. I am selected by new employer but my job will start on 1st of June. How many days I have to apply for TIER 2 visa again on CoS provided by new employer.

safdar

india_an · Post by **india_an** » Tue May 21, 2013 9:17 am

Need urgent help/suggestion -
Recently I've got my sponsor changed and received the BRP as well with start date of 15 May 2013. Am I allowed to continue to work for my previous employer to serve the notice period?

If yes, then for how long I can work?

If No, then what should I do?

@Manci - Hi, I can see that you are expert in answering such questions. Please can you suggest something here. Thanks.

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