Changing companies Tier 2: dependency and Timing of application

secular1 wrote: ↑

Sun Aug 01, 2021 9:57 am

Good morning everyone!

I hope you can please help with some clarification.

Context: I came to the UK in 2020 on Tier 2 (5 years as work is permanent). My company is going through a lot of structural changes which has created huge uncertainties, reduced morale and led to high attrition. I am considering other opportunities and already being approached by 3 companies for senior level roles. All will offer visa sponsorship and I am seriously considering one of the companies for a potential switch. I have the following questions;

1) Will my family who are also on the 5-year visa apply for a new dependency visa if I change employer. Or can they remain on their existing visa and use it to travel in and out of UK? I am asking as I dont want this to be a negotiation point in the new salary if the company has to pay for it.

2) My current role requires 3 months notice. As such when will be the best time to start the new visa processes for the new company. Does the existing visa get cancelled immediately I put in a new application or only when the new visa is approved? As I cant leave before my 3 months notice what happens if my visa is approved before the 3 months, can I still work for the current employer?

Many thanks for your help!

secular1 wrote: ↑

Sun Aug 01, 2021 9:57 am

1) Will my family who are also on the 5-year visa apply for a new dependency visa if I change employer. Or can they remain on their existing visa and use it to travel in and out of UK? I am asking as I dont want this to be a negotiation point in the new salary if the company has to pay for it.

secular1 wrote: ↑

Sun Aug 01, 2021 9:57 am

2) My current role requires 3 months notice. As such when will be the best time to start the new visa processes for the new company. Does the existing visa get cancelled immediately I put in a new application or only when the new visa is approved? As I cant leave before my 3 months notice what happens if my visa is approved before the 3 months, can I still work for the current employer?

lolo2 wrote: ↑

Fri Aug 13, 2021 10:20 am

secular1 wrote: ↑

Sun Aug 01, 2021 9:57 am

1) Will my family who are also on the 5-year visa apply for a new dependency visa if I change employer. Or can they remain on their existing visa and use it to travel in and out of UK? I am asking as I dont want this to be a negotiation point in the new salary if the company has to pay for it.

See: https://www.gov.uk/skilled-worker-visa/ ... d-children

"If you cannot apply at the same time, your partner or child can apply to extend or switch their visas at a later date. This must be before their current visa expires."

secular1 wrote: ↑

Sun Aug 01, 2021 9:57 am

2) My current role requires 3 months notice. As such when will be the best time to start the new visa processes for the new company. Does the existing visa get cancelled immediately I put in a new application or only when the new visa is approved? As I cant leave before my 3 months notice what happens if my visa is approved before the 3 months, can I still work for the current employer?

Your new employer should be aware of your notice period to issue a CoS accordingly.
Yes, you can work out your notice period for your current employer after your new application has been approved.

See: https://www.gov.uk/skilled-worker-visa/ ... r-employer

"You can apply to update your visa up to 3 months before the start date of your new job.

You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires."

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It means that it does not make any legal immigration issue if the start date on my CoS is before the end of my notice period and I work for both employers for a short time(1-2 week)?

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It seems that immigration rules allowed having two sponsors at the same time so based on my understanding it is possible to work for both employers at the same time.

lolo2 wrote: ↑

Fri Aug 13, 2021 11:10 am

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It means that it does not make any legal immigration issue if the start date on my CoS is before the end of my notice period and I work for both employers for a short time(1-2 week)?

You can start working for your new employer on the start date on the CoS or a later date, you need to agree this with them.

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It seems that immigration rules allowed having two sponsors at the same time so based on my understanding it is possible to work for both employers at the same time.

No, you cannot work for two employers at the same time if you switch sponsors. The provision from the guidelines is for you to serve your notice period to the current employer while your application is being considered.

amkay wrote: ↑

Fri Aug 13, 2021 11:39 am

lolo2 wrote: ↑

Fri Aug 13, 2021 11:10 am

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It means that it does not make any legal immigration issue if the start date on my CoS is before the end of my notice period and I work for both employers for a short time(1-2 week)?

You can start working for your new employer on the start date on the CoS or a later date, you need to agree this with them.

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It seems that immigration rules allowed having two sponsors at the same time so based on my understanding it is possible to work for both employers at the same time.

No, you cannot work for two employers at the same time if you switch sponsors. The provision from the guidelines is for you to serve your notice period to the current employer while your application is being considered.

Did you see the Secondary employment section on this guide?
https://assets.publishing.service.gov.u ... 2.0ext.pdf

It stated that: "A Skilled Worker can apply to do a second (additional) job that does not qualify as
supplementary employment. For example, it requires more than 20 hours work a
week. They will need a new CoS for this second job and must apply for a variation of
permission, in addition to the certificate and permission for their existing job. This is
because working in the second job is not covered by their existing conditions."

CR001 wrote: ↑

Fri Aug 13, 2021 11:45 am

amkay wrote: ↑

Fri Aug 13, 2021 11:39 am

lolo2 wrote: ↑

Fri Aug 13, 2021 11:10 am

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It means that it does not make any legal immigration issue if the start date on my CoS is before the end of my notice period and I work for both employers for a short time(1-2 week)?

You can start working for your new employer on the start date on the CoS or a later date, you need to agree this with them.

amkay wrote: ↑

Fri Aug 13, 2021 10:34 am

It seems that immigration rules allowed having two sponsors at the same time so based on my understanding it is possible to work for both employers at the same time.

No, you cannot work for two employers at the same time if you switch sponsors. The provision from the guidelines is for you to serve your notice period to the current employer while your application is being considered.

Did you see the Secondary employment section on this guide?
https://assets.publishing.service.gov.u ... 2.0ext.pdf

It stated that: "A Skilled Worker can apply to do a second (additional) job that does not qualify as
supplementary employment. For example, it requires more than 20 hours work a
week. They will need a new CoS for this second job and must apply for a variation of
permission, in addition to the certificate and permission for their existing job. This is
because working in the second job is not covered by their existing conditions."

This is not the same as your circumstances of working your notice and changing main sponsor. Stop confusing yourself.

CR001 wrote: ↑

Fri Aug 13, 2021 11:59 am

You cannot work for another employer while on leave from your previous sponsor.

Simply ask your new employer to note on the SMS system a new and delayed start date.

amkay wrote: ↑

Fri Aug 13, 2021 12:33 pm

CR001 wrote: ↑

Fri Aug 13, 2021 11:59 am

You cannot work for another employer while on leave from your previous sponsor.

Simply ask your new employer to note on the SMS system a new and delayed start date.

Thank you very much for your response.
I will ask my new employer to change my start date. Can I start working for them(my new employer) after getting my new visa but before the start date on my CoS if my previous employer accepts to give me leave(paid/unpaid)?