Tier 2 General - Change sponsors with restrictive covenants

Hello, a bit of background and then a few questions.

I entered the UK on a Tier 2 General in late 2016 and have been with my sponsor since. I am now looking at another opportunity, at a salary which I believe would allow me to apply for a new visa within the UK (and thus continue my period of residency towards ILR). However, my current employment contract has restrictive covenants, including a restriction on working for a competitor business for 6 months after the termination of my current employment.

A few questions:
i) What rules would be relevant for me when it comes to applying for ILR next year; those that were in place when my first tier 2 general was assigned, or those relevant when changing sponsors?

ii) My understanding is that the CoS allocation and application can (and should be) completed while I am still in my current employment, therefore preventing any lapse in employment. Is that correct (even though there would be the gap related to restrictive covenants)?

iii) If my new employment is with a competitor and I am thus forced to be without employment for 6 months, does this have any impact (assuming I have already have a CoS and expected start date is 6 months after the termination of my current employment)?

iv) What restrictions apply to travel in those 6 months between employment? My understanding is that if I did not have new employment and was in my 60 day curtailment period and then left the country to visit family, my visa would automatically expire/be cancelled. But what about in a situation where I already have this future employment lined up? Given the current health environment and the advanced age of some family members, being restricted from leaving the country for 6 months would be a very significant issue for me.

Thank you!

However, my current employment contract has restrictive covenants, including a restriction on working for a competitor business for 6 months after the termination of my current employment.

i) What rules would be relevant for me when it comes to applying for ILR next year; those that were in place when my first tier 2 general was assigned, or those relevant when changing sponsors?

The rules that will be relevant at the time of applying for ILR and if you have changed sponsor and received a new visa, that is what is relevant. Unclear whey you believe there are different rules applicable.

ii) My understanding is that the CoS allocation and application can (and should be) completed while I am still in my current employment, therefore preventing any lapse in employment. Is that correct (even though there would be the gap related to restrictive covenants)?

There is no rule that you cannot have an employment gap. Your terms of employment and restrictive covenants are irrelevant to the visa process. That is an issue between you and your employer.

iii) If my new employment is with a competitor and I am thus forced to be without employment for 6 months, does this have any impact (assuming I have already have a CoS and expected start date is 6 months after the termination of my current employment)?

I don't think a start date of 6 months in advance is possible. A CoS is only valid to use for 3 months. There is also no issue with having an employment gap. You cannot however do any other/supplementary work if you are not working for a tier 2 sponsor.

iv) What restrictions apply to travel in those 6 months between employment? My understanding is that if I did not have new employment and was in my 60 day curtailment period and then left the country to visit family, my visa would automatically expire/be cancelled. But what about in a situation where I already have this future employment lined up? Given the current health environment and the advanced age of some family members, being restricted from leaving the country for 6 months would be a very significant issue for me.

You risk being refused entry to the UK as your purpose and permission to be in the UK will have changed. Your current employer has an obligation to inform UKVI within 10 days of your last date of employment that you have left. This triggers the curtailment process. If UKVI are aware you are out of the UK at this point, you risk a straight out visa cancellation, often without any notice.

Thanks, this is informative.

On my first point, my understanding was that ILR eligibility rules were based on when you received your visa, but I wasn't sure if it was the rules that were in effect at first visa or visa when you apply. Perhaps I am just misinformed there and there has been no change in the rules on ILR eligibility.

On the last points; it seems like this is going to be quite a thorn. Perhaps I can negotiate down my restrictive covenants.

On the last point, so even if a new CoS was issues (say 4 months after leaving, so only 2 mnths left on garden leave) there is still no real ability to travel outside the UK due to the purpose of my travel/stay in the UK changing? Sounds like this is going to be quite the headache.

On my first point, my understanding was that ILR eligibility rules were based on when you received your visa, but I wasn't sure if it was the rules that were in effect at first visa or visa when you apply. Perhaps I am just misinformed there and there has been no change in the rules on ILR eligibility.

Any changes to the ILR rules, most recent being January 2018, apply to everyone, regardless of when their visa was issues. You cannot for example apply for ILR based on the rules in place on the date you original tier 2 visa was issued. It doesn't work like that.

On the last points; it seems like this is going to be quite a thorn. Perhaps I can negotiate down my restrictive covenants.

This is between you and your employer. I have never seen or heard of an employer waiving the restrictive covenants. They are in a contract of employment for a reason.

On the last point, so even if a new CoS was issues (say 4 months after leaving, so only 2 mnths left on garden leave) there is still no real ability to travel outside the UK due to the purpose of my travel/stay in the UK changing? Sounds like this is going to be quite the headache.

It is risky yes.

Thank you, and one last question.

My wife is on a dependent visa. Is she subject to the same potential travel restrictions during the period between employment?