Tier 2 to Skilled Worker Switch

Hi everyone,

Have a few questions regarding the switch from tier 2 to skilled worker visa, hope someone can help clarify - would appreciate a lot the help!

I am currently on a tier 2 visa, if I switch to skilled worker visa, will I be able to combine the time spent on both visas for ILR application after 5 years of residence on work visas (tier 2 and skilled worker) in the UK?

The notice period with my current employer is 3 months and my current visa with them expires in the middle of November. In this context, there are a few questions:

If I can only apply for a skilled worker visa 3 months before the start date, how can I complete the full notice period after I have received the new visa? By my calculations I will still be short of at least 2 days even if my new employer agrees to do the super priority processing.

What should be my reply to the new employer in case they ask me to resign from the current job before the new visa gets approved – I suspect I might get asked that as otherwise the timelines look challenging, however I would want to avoid that situation so that in case the new visa does not get approved, I still have employment and visa with the previous employer.

If I want to complete the full notice period with my current employer, does that essentially mean that I have to apply for the new visa with the new employer by mid-August so that I can complete the rest of the notice period by the time the right to work for the first employer expires? Or will I be able to complete the rest of my notice period for the first employer after the right to work for them under the previous visa expired, as long as I have the new leave to remain sponsored by the new employer and my start date has not arrived yet?

From an immigration perspective, what would be the best way to manage my current employer’s process of extending my visa? Obviously I would want to keep confidential the fact that I am getting sponsored for the visa by the new employer until it gets approved, however I know that my current employer would start the process of renewing my current visa about 4 months before its expiration date (so mid-July).

In case the new employer does not manage to sponsor me for the new visa by mid-August, would the best course of action then be to wait for my existing employer to sponsor me for the new visa and then switch from that visa to the new employer’s visa? (Although I would not want to resign from my current job without the new employer’s visa approved, ideally would want to avoid extending with my current employer as well as they would require me to pay back the visa fees if I quit as well as delay my start date with the new employer until probably 2022)

Would you have any other advice in regards to managing the situation I am in right now, in order to avoid the immigration risk to the continuous residence and getting ILR after 5 years of working on work visas in the UK?

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

I am currently on a tier 2 visa, if I switch to skilled worker visa, will I be able to combine the time spent on both visas for ILR application after 5 years of residence on work visas (tier 2 and skilled worker) in the UK?

Provided you maintain continuous residence, switching from T2G to SW will not affect your ILR clock.

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

I want to complete the full notice period with my current employer

Once you give notice to your current employer and arrange a new job it is difficult to avoid the risk of falling between two stools if the new job doesn't materialize for whatever reason unless, of course, your current employer agrees to continue employing you.

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

Would you have any other advice in regards to managing the situation

Sponsors assign CoSs, they don't apply for visas, that is your responsibility.

Here is a sample scenario:

Work end date in your current job: 16 Nov.

2 August - prospective new employer assigns CoS to you with work start date 15 Oct.

2 August - once the new CoS is assigned you apply for a new permission (visa) using the priority service.

16 Aug - provided your new visa is granted you give 3 months' notice in your current job.

Even though the work start date in the new job is 15 Oct you are allowed to work out the contractual notice period and only start work in the new job on 17 Nov provided the new employer agrees.

manci wrote: ↑

Fri Jul 02, 2021 12:19 pm

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

I am currently on a tier 2 visa, if I switch to skilled worker visa, will I be able to combine the time spent on both visas for ILR application after 5 years of residence on work visas (tier 2 and skilled worker) in the UK?

Provided you maintain continuous residence, switching from T2G to SW will not affect your ILR clock.

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

I want to complete the full notice period with my current employer

Once you give notice to your current employer and arrange a new job it is difficult to avoid the risk of falling between two stools if the new job doesn't materialize for whatever reason unless, of course, your current employer agrees to continue employing you.

ulluku wrote: ↑

Thu Jul 01, 2021 5:27 pm

Would you have any other advice in regards to managing the situation

Sponsors assign CoSs, they don't apply for visas, that is your responsibility.

Here is a sample scenario:

Work end date in your current job: 16 Nov.

2 August - prospective new employer assigns CoS to you with work start date 15 Oct.

2 August - once the new CoS is assigned you apply for a new permission (visa) using the priority service.

16 Aug - provided your new visa is granted you give 3 months' notice in your current job.

Even though the work start date in the new job is 15 Oct you are allowed to work out the contractual notice period and only start work in the new job on 17 Nov provided the new employer agrees.

Thanks manci - really helpful.
I have one question on the CoS, as it is changed from the old system (Restricted with Quota each month) to a new system called Undefined CoS (if apply within in the UK). Would there be any application timeline for those undefined CoS ? as the old restricted Cos has to apply before each month end in order to get the quota refresh in next month.

E.g. if sign an offer on 15 July, would it be possible to get the Undefined CoS in July and then apply for the Skilled worker visa?

a66013 wrote: ↑

Fri Jul 02, 2021 3:13 pm

Would there be any application timeline for those undefined CoS

If the company has an available undefined CoS allocation the CoS can be assigned immediately.

a66013 wrote: ↑

Fri Jul 02, 2021 3:13 pm

if sign an offer on 15 July, would it be possible to get the Undefined CoS in July and then apply for the Skilled worker visa?

You need to check with the company when the CoS would assigned. In the meantime prepare and save a draft online application, the CoS No and the company's licence No can be entered when available later.

Ask for a copy of the CoS once assigned and check it.

Regarding your 3 months notice period remember:

You can apply to update your visa up to 3 months before the start date of your new job.

You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires.

Use the sample scenario (above) but adjust the dates.

Thank you very much for the replies!

manci wrote: ↑

Fri Jul 02, 2021 5:09 pm

a66013 wrote: ↑

Fri Jul 02, 2021 3:13 pm

Would there be any application timeline for those undefined CoS

If the company has an available undefined CoS allocation the CoS can be assigned immediately.

a66013 wrote: ↑

Fri Jul 02, 2021 3:13 pm

if sign an offer on 15 July, would it be possible to get the Undefined CoS in July and then apply for the Skilled worker visa?

You need to check with the company when the CoS would assigned. In the meantime prepare and save a draft online application, the CoS No and the company's licence No can be entered when available later.

Ask for a copy of the CoS once assigned and check it.

Regarding your 3 months notice period remember:

You can apply to update your visa up to 3 months before the start date of your new job.

You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires.

Use the sample scenario (above) but adjust the dates.

Thank you! Manci!! Very helpful. have a good day