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Tier2(G) Changing Employer, with 2 PBS Dependents

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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manibest
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Posts: 29
Joined: Mon Oct 26, 2015 10:29 am

Tier2(G) Changing Employer, with 2 PBS Dependents

Post by manibest » Tue Oct 27, 2015 3:06 pm

Hi

I have been sponsored by my current employer since Feb 2012. I was issued tier 2 General visa for three years until Feb 2015. Within this duration, I got married and my wife accompanied me in UK on PBS Dependent visa with same expiry date as mine i.e. Feb 2015. Also as well, we had a child who was born in UK.
Then in Feb 2015 I applied for my Tier 2 General Extension along with two PBS dependent applications (wife and son), all of which were endorsed for 3 years until Feb 2018.

Now the issue is that I won't be able to meet the new salary requirements with my current employer for switching to ILR after 5 years (Feb 2017). Therefore, I started looking for new employer (sponsor) for a job that meets the minimum salary requirement and have found a potential sponsor now. Their HR department is processing all checks (SC check etc.) at their end before they send me formal documents of the job they have offered me.

I am changing employer now which raises a few questions I would like answered please:

Q1) Do I need to go out of UK to apply for new Tier 2 Visa to change my employer?
Q2) Does my dependents (wife and son) need to apply for PBS dependent visa again at all, as they already have their PBS dependent visa valid until Feb 2018? If yes, can they apply from within UK or not?
Q3) My current Tier 2 general visa will expire in Feb 2018 after completing 6 years duration. If my Tier 2 general application is accepted with my new sponsor, would the expiry be still the same (Feb 2018)?
Q4) Would the list of required documents for changing employer be the same as the list when we switch to Tier 2 general from another category?

Furthermore, I am currently working with my existing employer and have not given them a leaving notice. I am planning to give leaving notice once I have my new COS from my new employer (sponsor). This would ensure there won't be any free jobless gap between the two jobs and hopefully eventually HomeOffice won't have any reason to curtail my visa or my dependents' visa at all.

I am choosing this approach because I have come across a discussion on this board where HomeOffice Curtailed Dependents' visa on main applicant's change of sponsor and also proved that Home Office decision was wrong.

Q5) Should I follow my approach above in order to not face this "Dependents' visa curtailed" issue, or would someone please suggest a better approach.
Q6) When is the best possible time to apply for Tier 2 Visa for changing sponsor in order to make it a smooth process?
Q7) Any suggestion on something I have missed here please?

Your help would be very much appreciated.

Regards

manibest
Newly Registered
Posts: 29
Joined: Mon Oct 26, 2015 10:29 am

Re: Tier-2 to Tier-2 Job Change, Dependents' Visa Curtailed

Post by manibest » Fri Oct 30, 2015 10:33 am

Hi There

I will be facing a similar case soon as I am changing job now. Currently I have Tier 2 General visa until Feb 2018 and my two dependents also have their PBS dependent visa until Feb 2018.

Q1) Once I have my COS from new employer, should I submit only my visa application and not my two dependents application with me?
Q2) What would be the best way to not leave any gap between my existing job and the new job, so that HomeOffice wont have any excuse to curtail my visa at all?

Thanks in advance.

geriatrix
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Re: Tier2(G) Changing Employer, with 2 PBS Dependents

Post by geriatrix » Fri Oct 30, 2015 1:24 pm

Responses to queries raised in the opening post.

1. You may apply for change of employment from within UK.
2. You are now aware of what the immigration rules state and that UKVI is making unlawful decisions (recent curtailments of PBS dependants' leave as posted on the forum). So, the choice is yours as to which path you wish to tread with regards to PBS dependants.
3. The period of leave will be dependant on the length of sponsorship and the immigration rules.
4. Read the policy guidance.
Life isn't fair, but you can be!

manibest
Newly Registered
Posts: 29
Joined: Mon Oct 26, 2015 10:29 am

Re: Tier2(G) Changing Employer, with 2 PBS Dependents

Post by manibest » Thu Nov 05, 2015 4:56 pm

Hi

I am on Tier 2 General and I have two dependents. My (and my two dependents') current leave is until Feb 2018 which completes my maximum duration of 6 years under Tier 2 General.
I am changing my employer and will be applying for Tier 2 General again for new employer.

Question:

If I am granted with Tier 2 General for my new sponsor and it expires before Feb 2018 (which is when my current Tier 2 expires), does it mean that my visa duration has been curtailed? and does my both dependents need to reapply for PBS Dependent in this case?

Regards

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