Tier 2 new application after redundant

Hi all,

I was a Tier 2 Visa holder, but got redundant in August. Since the bad luck, I have been trying hard to find a new sponsor, luckily I got an offer who can sponsor me.

As a sponsor, they assigned me a CoS already, and now I am applying Tier 2 with online application by myself.

Those questions below are a bit tricky to answer from the form, can anyone help me to find out right answers, please?



** questions **
What type of application are you making?
Switching your current immigration category in the United Kingdom

Extending your stay in the United Kingdom

(I was a Tier 2 visa holder, but it is kind of "Switching employer". So should I choose "Extending your stay in the UK"?)



H1. Have you ever had any Home Office reference number(s) assigned to you?
Yes Go to question H2
No Go to question H3

(Should I say "Yes" and write down my reference number for my previous Tier 2 application?)

L9. Is your current or last grant of leave in the same sub category as that for which you are now applying?
(SoC codes are same, only employer differs from previous application, so Should I choose "Yes"?)

Sponsorship Section :
Certificate of Sponsorship reference number
(is it same as "Certificate Number" on CoS PDF file?)

Are you applying under the Post Study Work provisions within Tier 2?
(I am a Tier 2 visa holder, should I say "No"?)


Thank you all in advance.

Hi ,
I need some information from you. Can you please tell me if you have received any correspondence from UKBA after you was made redundant ?. If yes after how many days when your employer informed UKBA ? . As you said you was made redundant in August . I am in same boat made redundant last month and after going through the forum i understand that i have only 60 days to find a new sponsor and reapply.

I appreciate your help

Hi Ayesha,

I haven't got any letter from them, hope that it means I can stay longer. Anyway, during the time, I could find a new sponsor, now I am applying for new Tier 2 again, I will post it when I get it.
(I am applying more than 110 days after redundant)

Regards,

Hi all,

Just Updating my status, and it is a great news.

I have received my new BRP card today, at the very end of 2013.

It clearly says New tier 2 visa is valid till 2017, and now waiting for passport.

I used online application for Tier 2 (Switching employer), more than 100 days after redundant by previous employer.

After the bad event, I haven't got any letter from UKBA, but keep looking for a new sponsor. and it finally ends with such a nice news.
s
Even though I used normal online application, it only take 14 days in total (10 working days, including Christmas holidays).

Hope you guys all have a very happy new year!

Congratulations mate - really good news. What kind of work do you do? I am in a similar position

Hi
Same situation my employer's licence was revoked and after 40 days, I also not received any lettes fro ukba and trying for new employer who can give sponsorship. Can you tell me whether new employer would require resident market test or not in our situation?

@ay129
Thanks
I am a Software Engineer in middle-ware part.

@sancha
I am sorry to hear that, hope you could get another one soon. My case, and based on what I heard from HR team in both previous and current companies, Yes the company who newly sponsor me need to pass Resident market test and advertisement on certain web-site. I am more than sure that when you find new sponsor, the HR team of the company knows more than me.
all the best,

Hi Kdhs114,
Congratulations for successful application. I may get in to same situation as yours. So can you please answer some of questions?

- Do you think 100 days gap between two jobs, will it be fine for our ILR application?

- Could you start your new job after receiving Cos or u had to wait until you receive your residency card?

- How much is visa fee for Switching employer for you and dependent? I mean is same fee as first time Tier 2 application?

I will be very thankful, if you could spare some time to answer these questions.

Hi Jaskamalman,

Here's my thought, but as I am not a professional visa adviser, please take it just a reference.

- Do you think 100 days gap between two jobs, will it be fine for our ILR application?
Yes I do. Actually, even though there's a gap between jobs, I didn't breach the immigration law at all.
Also, actually, I got redundant at my first year on Tier 2.. Following the immigration law, I can stay for continuous 6 years in tier 2, and my 100 days gap was in the first year. it means I can work for continuous 5 years on the new tier 2 with new employer. And I think I can apply for ILR when I have worked for 5 continuous years, in 2019. Also still believe that even though the redundancy happened in the middle of 5 years, applying ILR cannot be affected.


- Could you start your new job after receiving Cos or u had to wait until you receive your residency card?
It is obvious, you have to wait until you get the approval letter.

- How much is visa fee for Switching employer for you and dependent? I mean is same fee as first time Tier 2 application?
For me it was about 575.. I cannot remember how much it was, but it is same as First time application as it is a fresh application.

Regards,

Hi Kdhs ,

I need some information from you, how did you answer the following questions ?

L9. Is your current or last grant of leave in the same sub category as that for which you
are now applying?

L10. Are you still working for the same employer as you were at the time of your last grant
of leave?
I am making the application after being made redundant. no longer with my present sponsor.

Thanks,

Many thanks ..

Are any experts able to comment on the question above: "Do you think 100 days gap between two jobs, will it be fine for our ILR application?"

The answers above seem to suggest that a break in employment of 100 days won't affect a future ILR application (as the second Tier 2 application was made before the curtailed leave date expired). However, after reading the immigration rules I'm not so sure.

Immigration Rules Part 6a, 245AAA (General requirements for indefinite leave to remain):

b) ... the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship ... except that any breaks in employment in which they applied for leave as a Tier 2 Migrant ... to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

https://www.gov.uk/government/uploads/s ... MASTER.pdf

So this suggests to me that if a Tier 2 application is made more than 60 days from when the migrant was made redundant, even if the current leave has not expired, then the migrant won't be eligible for ILR in the future because of the extended break in employment.

kdhs114, ayesha.aykhan, sancha - have any of you applied for ILR, was it successful?

Can the gurus please help out, as I'm in a similar situation and not sure if my ILR will be affected.

Regards,
Alison