Tier 2 - Switch Employers- Apply from outside UK

Hello All,

I am currently on Tier 2 General visa valid till Sep -2016. But currently working in India @client location for my UK employer since 2 years (although did visit UK in July 2015 for 2 weeks).

I'm expecting a positive response for a new job in UK, the employer ready to sponsor. My query is as below:-

1. Can I make the Tier 2 switch of employer application from India ? Or do I need to visit UK and and make application while in UK ?

2. As I was outside UK for last 2 yrs but was working with the same UK employer who sponsored my visa -will this negatively affect my application process at all?

This is a fairly urgent query for me as I might get transferred to my employers Indian branch soon so my current Tier 2 visa would get cancelled. So, I really want to switch employers ASAP.

Request you help, would really appreciate.

Thanks in advance.

1. "Switching" can only be done from inside the UK (and requires a uCoS). But you can make an application for entry clearance under sponsorship from new employer using a rCoS, if you wish to. If you do decide to make an entry clearance application, make sure you do it while your current Tier 2 leave is valid.
2. Absences (from UK) have no relevance with regards to extension but are very relevant when applying for settlement. More than 180 days in a 12 month period in the 5 years preceding the settlement application resets the ILR clock.

A couple of points
If you have been outside the UK for two years this a significant change of circumstances. Your current sponsor should have informed UKVI you were no longer working in the UK ans your visa should have been curtailed.
If you now apply for entry under RCOS for a new employer it will not have an impact.
If you return to the UK there will possibly be issues as your HMRC records and your travel records will show you have not actually worked in the UK for two years. Not so much as issue for you but your current sponsor.

Thanks, appreciate your response.

Yes, i was away from the UK for last two years(did visit for 2weeks in July 2015)- but was working for my same current employer for a project in India and still am working on the UK payrole. So, in short paying the relevent taxes and nhs cost etc as usual.
Does this not count me to be still employed as any normal tier 2 general working professionals??
Will this still create a problem for me or my current employer?

In an ideal world, Tier 2 is to sponsor foreign migrants to work in the UK, not for sponsoring foreign migrants to work in foreign lands for years at stretch.

That said,

ms2016 wrote:Does this not count me to be still employed as any normal tier 2 general working professionals??
Will this still create a problem for me or my current employer?

1. Yes.
2. No.

geriatrix wrote:1. "Switching" can only be done from inside the UK (and requires a uCoS). But you can make an application for entry clearance under sponsorship from new employer using a rCoS, if you wish to. If you do decide to make an entry clearance application, make sure you do it while your current Tier 2 leave is valid.
2. Absences (from UK) have no relevance with regards to extension but are very relevant when applying for settlement. More than 180 days in a 12 month period in the 5 years preceding the settlement application resets the ILR clock.

With respect to point 1 - Do you mean using a rCoS from the new employer- I can make a Tier 2 application from India and do not need to be in UK to apply ?

i think u are better off applying outside the country with rcos.
I say so as if u apply within uk, you will be using the 6 years max time of visa in the uk at one go, and you wont be able to apply for ilr as you have been outside the country for longer thatn 180 days. applying outside the uk will set your ilr clock to 0, but will give you another full 6 years to work in the uk, should u wish so.

ms2016 wrote:With respect to point 1 - Do you mean using a rCoS from the new employer- I can make a Tier 2 application from India and do not need to be in UK to apply ?

Yes. But a potential problem I see here is that on record you are still employed in the UK (payroll, tax) and whether this fact will have any effect on the "cooling-off" period ... although the rules only mention about "physical presence" in the UK in context of cooling-off requirement.

iworker wrote:applying outside the uk will set your ilr clock to 0,

No, it won't.
It is the OP's absence from UK for 2 years that has already reset OP's ILR clock.

To give an idea of my last entries in the UK:-

- I was working on post study visa for two years and then - moved to Tier 2 general visa in SEP - 2013
- I came to India in DEC -2013 - continue to work for my UK based employer until now
- Visited UK in JUL -2015 - for two weeks

Now, I want to switch to another company in UK (ready to sponsor) and come back to UK.

1. From suggestions made to me in posts above - about considering to apply for an entry clearance using rCoS from India - Am i eligible to apply this considering that I have been to UK in last 12 months.

2. Will applying entry clearance using rCoS reset my clock to 0 and can remain in UK on tier 2 for 6years ? As considering my last entries i have missed the chance of applying for settlement in future as have been away for more than 180 days.

3. In worse case - I am thinking to come to UK once i recieve the sponsorship letter from the new employer - then apply for Tier 2 switching of employers using the priority service - then wait to get my BRP card with new visa and then return back to India - Resign from my current company - serve the 1 month notice perid and then fly back to UK to join the new role. -DO YOU THINK THIS IS A WISE CHOICE??

KINDLY SUGGEST WHICH IS THE BEST AND SAFEST OPTION I COULD GO FOR - (1) OR (3) ???

1.

ms2016 wrote:- Visited UK in JUL -2015 - for two weeks

Missed noting this important fact. In light of this, you will not be able to apply for entry clearance until July 2016, provided being on UK payroll despite working abroad doesn't affect the cooling-off" requirement.

2. Applying for leave to remain from within the UK will mean that your stay in the UK as a Tier 2 migrant cannot be extended beyond September 2019 (6 years limit), which means you will not be able to apply for settlement (if that is something you aim for).


What is the expiry date of your current leave?

geriatrix wrote:1.

ms2016 wrote:- Visited UK in JUL -2015 - for two weeks

Missed noting this important fact. In light of this, you will not be able to apply for entry clearance until July 2016, provided being on UK payroll despite working abroad doesn't affect the cooling-off" requirement.

2. Applying for leave to remain from within the UK will mean that your stay in the UK as a Tier 2 migrant cannot be extended beyond September 2019 (6 years limit), which means you will not be able to apply for settlement (if that is something you aim for).

If i understand your point correctly - IS if i come to UK and apply for switch for Tier 2 with new employer - i will be able to extend my visa only till SEP 2019,but due to my previous absence from the UK will not be able to complete 5 yrs required for settlement.
(a) Can i apply for entry clearance with rCoS in July 2016 (as i came to UK in July 2015) ??
(b) and at this point will i be eligible for 6 year stay permission- after completing 12 month cooling off ?
(c) Is it okay if i am not UK employed in July 2016 while making an application for entry clearance ??

What is the expiry date of your current leave? Current visa valid until SEP -2016 although my employer is planning to move me to its Indian branch soon so -will be employed in India thus cancelling out my current sponsorship.

ms2016 wrote:If i understand your point correctly - IS if i come to UK and apply for switch for Tier 2 with new employer - i will be able to extend my visa only till SEP 2019,but due to my previous absence from the UK will not be able to complete 5 yrs required for settlement.

Yes, because there is a 6 year cap on stay in UK as a Tier 2 migrant (sep 2019) and you have almost 750 days of absences in almost 2 years (even if you return to UK tomorrow not eligible for settlement before April 2021).

ms2016 wrote: (a) Can i apply for entry clearance with rCoS in July 2016 (as i came to UK in July 2015) ??

Perhaps, unless your on-going UK payroll roadblocks your cooling-off period you hope commenced in July 2015. I don't know for sure ... and I suspect no one on the forum does either but I stand to be corrected.

ms2016 wrote:(b) and at this point will i be eligible for 6 year stay permission- after completing 12 month cooling off ?

As and when your cooling-off period is over, an application for entry clearance will restart your 6 year cap period.

ms2016 wrote: (c) Is it okay if i am not UK employed in July 2016 while making an application for entry clearance ??

Yes.

Thank you so much for your responses, very helpful.

Hello All,

Could anyone please suggest good umbrella company to me please who could provide Tier 2 sponsorship and using which I could come to UK and work?
I read that contracting is not legally allowed under tier 2 visa rules is it true?

Thanks,

points to note:
Tier2 does not allow for third party working so the use of an umbrella company set up is illegal.
The number of Sponsors that are illegally undertaking third party working is still a concern but the numbers are falling as thet get revoked.
So even if you manage to get this type of illegal sponsorship expect it to be short lived and expensive both in term of the reduced salary you get and the very high possibility of being curtailed and removed from the UK.

Good luck

ms2016 wrote:Hello All,

Could anyone please suggest good umbrella company to me please who could provide Tier 2 sponsorship and using which I could come to UK and work?
I read that contracting is not legally allowed under tier 2 visa rules is it true?

Thanks,

Completely illegal. And this forum is not here to help you do it.

Suggest do some research and find a bona fide sponsor. (No, we're not going to suggest names).

And please stop creating multiple topics.

Multiple Posts (Click)

You have many topics on Tier 2 G visas with differing stories.

http://www.immigrationboards.com/member/ms2016/posts/