Tier 2 Visa holder's Change of Employment

g-father wrote:Dear all,

I currently hold a Tier 2 visa which expires on 25th Jan 2017. I have recently resigned from my sponsored job (30th April). I have a few quick questions I wonder if someone could kindly advise:

1. It's 31st May now and I still haven't received the curtailment letter from HO yet. Assuming that the letter will arrive next week and tells me to leave the country by 30th July, does it mean that as long as I receive the new CoS before 30th July and hand in the new application before that day, then it should be fine? Or, should I need to have obtained the new Tier 2 visa by that deadline?
you only need to apply before the expiry of your curtailed leave not to become an overstayer but for the application you will need a CoS number. Note that depending on the job in question an RLMT may have to be carried out before the new sponsor can assign the CoS.

2. If I find a new sponsor and hand in an application for a new Tier 2 visa, does my partner also need to reapply? In previous threads I have seen two versions:
a) the partner doesn't need to reapply as the new visa is still Tier 2;
b) the partner has to reapply because the older visa was attached to the old job hence expires by the end of the curtailment period.
normally if you make a change of employment application the PBS dependant's visa remains valid until its expiry date but in your case the PBS dependant's visa will also be curtailed, so your partner will have to re-apply. The PBS dependant's visa is not connected to the main T2 visa holder's job but to the main visa holder's person.

3. If no job openings are suitable I might go for a PhD course and get the Tier 4 Student Visa. （This means I will go back to my country by the end of the curtailment period and apply for Tier 4 from there）. In this scenario the "Cooling off" period shouldn't be applicable because its different visa categories, am I right?
there will be no cooling off even if you return to home country but you can in fact switch to T4 in-country, see the T4 policy guidance:
https://www.gov.uk/government/uploads/s ... l_15_f.pdf

Thanks in advance for your help.

G

g-father wrote:HI Manci,

Thanks so much for your advice.

In relation to question 2 -- so the application that's relevant to me is not "change of employment" application, but a fresh application so I still need to fulfil all the requirements including maintenance etc. Is that right?
no maintenance funds required as will you continue to have T2 leave during the curtailment period.
See O1 in the application form:
https://www.gov.uk/government/uploads/s ... _04_15.pdf
G

g-father wrote:Dear Manci,

I have a further question on this topic I wonder if you could help:

I have got a job and the new visa application will be processed on 15th July via the premium service in Sheffield, considering the fact that we never received any curtailment letters from HO presumably my partner doesn't need to reapply for a dependant visa?
if your, and therefore your dependant's, leaves haven't been curtailed that is correct but curtailment may be in process. Try to ask UKVI when you see them on 15 July.

The current Dependant visa sates :"VISA TIER 2 PARNTER [MY NAME]", Valid until 25/01/17.


Thanks in advance!
G