Tier 2 Sponsorship, Change of Employer Guidance

Hi everyone, firstly thanks in advance for any help!

I think my situation is fairly straightforward, but I have struggled to find the answers online to better guide me through this process. I have been reading through this forum, and with so many knowledgable people, I thought I would try asking you all for some assistance.

I am Canadian, and have been on a 5 year Tier 2 sponsorship visa since Jan 2017, but unfortunately my current employer is going out of business! I have about a month until they shut up shop, and I am obviously doing all I can to find new employment. I am interviewing at companies with and without sponsorship licences - keeping my options open!

I have a few questions:

- Is there a 'grace period' from when my current employer closes and I get a new sponsorship?
- How long does it take for a company to apply for a sponsorship licence, and can it be fast tracked - if yes, at what cost?
- If I find a job, is there a 'grace period' whilst they complete the sponsorship process if my current employment has ended?
- Do I need to leave the UK to finalise my visa?

Thanks again for the help!

- Is there a 'grace period' from when my current employer closes and I get a new sponsorship?

Your sponsor must inform HO that your employment has ended within 10 days of your last date of work.

- How long does it take for a company to apply for a sponsorship licence, and can it be fast tracked - if yes, at what cost?

https://www.gov.uk/uk-visa-sponsorship-employers

- If I find a job, is there a 'grace period' whilst they complete the sponsorship process if my current employment has ended?

Your visa will be curtailed to 60 days once your current employer informs HO. The date of the 60 days curtailment period starts when you get the letter not from your last date of employment. Curtailment letters can take a while to get sent out. Note that any new employer must also complete the full and proper RLMT process if your job/SOC is non shortage occupation.

- Do I need to leave the UK to finalise my visa?

No. If you leave the UK you will be subject to the 12 months cooling off period before you can return on a Tier 2 visa.

Your visa will be curtailed to 60 days once your current employer informs HO. The date of the 60 days curtailment period starts when you get the letter not from your last date of employment. Curtailment letters can take a while to get sent out. Note that any new employer must also complete the full and proper RLMT process if your job/SOC is non shortage occupation.

Thank you for your response - This is how I understand what you have put - apologies if this is incorrect! Once my current employer ends my employment, they have 10 days to notify, then I have 60 days PLUS however long it takes for the letter to arrive from HO before my visa runs out, and I am required to leave the country.

If I get a job offer on day 50 of those 60 days, does that pause my visa cancellation, and allow me to stay until the completion of the RLMT? Thanks

Thank you for your response - This is how I understand what you have put - apologies if this is incorrect! Once my current employer ends my employment, they have 10 days to notify, then I have 60 days PLUS however long it takes for the letter to arrive from HO before my visa runs out, and I am required to leave the country.

You have 60 days from the date you get the letter from HO. This is completely separate to your sponsors responsibility of informing HO of your temination. The HO letter will tell you what your new visa expiry date is curtailed to and this is the date you must either leave the UK by or submit a visa application within the UK.

If I get a job offer on day 50 of those 60 days, does that pause my visa cancellation, and allow me to stay until the completion of the RLMT? Thanks

No. Only submitting a new visa application for change of employer will stop the visa cancellation and you must apply before your new curtailed visa expiry date. RLMT must be completed BEFORE you can be offered the job. RLMT must run for 28 days. Once complete and you are offered the job, assuming no EU/UK citizen or settled person applies and is suitable, then the prospective employer can issue a UCoS. Once you have that then you apply for the visa and pay the visa fee and IHS fees.