Priority service mixed with normal service

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 12:42 am

I'm currently working under Tier 2 Visa and I would like to change employer that promises sponsorship to me. I want to ask some details of the proper timeline.

The thing I have heard is that applying for a new Tier 2 Visa requires a new start date, that has to match the end date of my current Tier 2 Visa. So I need to tell the end date of my current employment to my new employer. However, I also heard that I should resign only after I see the new COS issued.

Based on these points, should I do the following?

1) Estimate a start date for the new company that takes account into the one month notice for my current company.

2) Wait for the new COS issued for that start date.

3) Resign and tell my current company my last working day is the just before the new start date.

Another question, will my current company see that another COS is issued for me hence know that I'm switching employer? Is there anything I should be concerned about?

Thanks in advance!

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 1:02 am

I'm currently under Tier 2 Visa and I'm changing employer. My wife is on Tier 2 dependent Visa. Does she need to reapply for the dependent visa as well? Should the dependent visa be applied at the same time as the main visa?

Do we need to pay for the health surcharge again? Given we have already paid it once.

Will we have our existing number of years working in UK cleared to zero? I'm talking about the 5-year working requirement before you can apply for permanent residence.

CR001 · Post by **CR001** » Wed Feb 19, 2020 6:35 am

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 12:42 am
I'm currently working under Tier 2 Visa and I would like to change employer that promises sponsorship to me. I want to ask some details of the proper timeline.

The thing I have heard is that applying for a new Tier 2 Visa requires a new start date, that has to match the end date of my current Tier 2 Visa. So I need to tell the end date of my current employment to my new employer. However, I also heard that I should resign only after I see the new COS issued.

Based on these points, should I do the following?

1) Estimate a start date for the new company that takes account into the one month notice for my current company.

2) Wait for the new COS issued for that start date.

3) Resign and tell my current company my last working day is the just before the new start date.

Another question, will my current company see that another COS is issued for me hence know that I'm switching employer? Is there anything I should be concerned about?

Thanks in advance!

1. Changing employer can be at any time. It does not have to tag onto your current visa end date. You can only work for your new sponsor once your new visa is issued.

Your current employer will not see anything about a cos or new employer.

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 1:02 am
I'm currently under Tier 2 Visa and I'm changing employer. My wife is on Tier 2 dependent Visa. Does she need to reapply for the dependent visa as well? Should the dependent visa be applied at the same time as the main visa?

Do we need to pay for the health surcharge again? Given we have already paid it once.

Will we have our existing number of years working in UK cleared to zero? I'm talking about the 5-year working requirement before you can apply for permanent residence.

1. No need to apply for dependents but it depends on how long their visa is still valid for.

2. IHS is payable with each apllication you make. Makes no difference that you already paid it once.

3. No.

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 9:55 am

Thanks for your reply! May I ask what's the best strategy? When should I then tell my current employer that I will change job. Should I tell then after I got new visa? Should I tell them after I'm assigned COS? How can I then work out the start date for my new employer if I haven't work out the end date of my current employer?

adilmd · Post by **adilmd** » Wed Feb 19, 2020 10:41 am

Hi,
When to give resignation notice to employer?
It depends on the confidence you have on your visa application with new employer.
Your current employer will not know that you have a new CoS or applied for change in sponsor, untill you inform them. (I had the same question when I was applying).

In my case, I got CoS from my new employer pm 20th Jan and the start date in CoS was 02nd March.

I explained the whole process to my new employer and informed them I will resign only after I get approval letter from Home office. They were kind enough to accomodate my request and appointed a immigiration advisor to submit my visa application on super priority service. I applied my visa on 24th Jan and I got approval mail from HO on the same day. So I gave resingation notice to my current employer on 24th Jan.

Once your current employer informs HO on your last working day, you will receive a curtailment notice from HO which will say that you have 2 months time from your last working day to find new sponsor to continue to live in UK. Some of friends, resigned the current job when they received the CoS. During the 2 month curtailment period they applied for visa using new CoS and got their visa. So its totally upto you when to give resignation notice.

I recently completed the change of sponsor process. So if have any more questions, post it. I will share my experience.

Jaydeepkk · Post by **Jaydeepkk** » Wed Feb 19, 2020 4:58 pm

Just to add to this, if i decide to wait until i get a new BRP and then put down my papers with my old org, my assumption is that the old brp is invalid as soon as a new brp is issued. in that case how can I serve a notice period in the old company when my old brp is already invalid.

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 6:31 pm

Thank you so much for the update!

I have another question. Can there be a small gap between the end date of my current employment and the start date of my new employment?

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 6:58 pm

I'm currently changing employer for Tier 2 visa and I have my wife as my dependent. The documents I need to provide include documents to show we live together, include utility bill, council tax bill or bank statement.

Do I need to provide all three types of documents? Or do I just need to provide one?

Also both my wife and I have account at HSBC, and they only generate bank statements monthly. So there will be a gap between the date of application and the last date on the bank statement. Is that a problem?

Also are there any differences between ordering bank statements from post or print them by yourself?

Thanks!

Djsuccess · Post by **Djsuccess** » Wed Feb 19, 2020 8:14 pm

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 6:58 pm
I'm currently changing employer for Tier 2 visa and I have my wife as my dependent. The documents I need to provide include documents to show we live together, include utility bill, council tax bill or bank statement.

Do I need to provide all three types of documents? Or do I just need to provide one?

Also both my wife and I have account at HSBC, and they only generate bank statements monthly. So there will be a gap between the date of application and the last date on the bank statement. Is that a problem?

Also are there any differences between ordering bank statements from post or print them by yourself?

Thanks!

Any of the documents you mentioned above should be fine. You can use a statement generated last month, as long as the date is within a month to your application date.
A few years ago, I was extending my Tier 2 visa with my wife as a dependent. We were attending a premium centre. The case worker came out and asked us to provide evidence of cohabitation. Right there, I logged into our gas/electricity account and downloaded our last bill which was in a joint name (Mr &Mrs). It was accepted.

As for printing the statement yourself, you might need the bank to stamp it. if you are going to the bank to stamp the statement, you can as well ask the bank to print it for you and stamp it there. However, as I said earlier, your utility bill will be fine on this occasion.

Djsuccess · Post by **Djsuccess** » Wed Feb 19, 2020 8:22 pm

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 6:31 pm
Thank you so much for the update!

I have another question. Can there be a small gap between the end date of my current employment and the start date of my new employment?

You cannot work for the new company until you have your new visa. And is always advised (common sense really ) that you should not resign until you have your visa.
That means there will be no gap between your old visa and the new. However, it is understandable that you might need to serve a notice period before joining the new org. This is something you will have to negotiate with your old and new orgs.
So technically, there can not be a gap between the two visas because your current visa will remain valid until the new one is issued.

lriuui0x0 · Post by **lriuui0x0** » Wed Feb 19, 2020 8:58 pm

But what happens if you resign such that the last date is before the start date of the new visa? Isn't there a gap then?

The scenario of this is my new employer wishes me to start soon, but I don't know how much buffer I should allocate for the visa application time and 1 month notice since the visa application time and relocation time is not known. Therefore I want to allocate the time one or two weeks longer than the notice period, which means there might be one or two weeks in between?

Take the question to an extreme, isn't the weekend between the the last Friday for the old employer and the next Monday for the new employer still a gap?

Djsuccess · Post by **Djsuccess** » Wed Feb 19, 2020 9:22 pm

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 8:58 pm
But what happens if you resign such that the last date is before the start date of the new visa? Isn't there a gap then? Resigning before you receive the new visa is risky. There is no guaranty that your application will be successful with the change of employer. Get your new visa before you resign. Agian you can negotiate your notice period with your old employer. If you have any holidays to take, you can use it to shorten your notice peiord. Whatever you do, do not resign before you have your new visa

The scenario of this is my new employer wishes me to start soon, but I don't know how much buffer I should allocate for the visa application time and 1 month notice since the visa application time and relocation time is not known. Therefore I want to allocate the time one or two weeks longer than the notice period, which means there might be one or two weeks in between?
The notice period issue is not an immigration issue but a contract between you and your employer which in some cases can be negotiated. If you want to save some time, then you can use super priority service for your visa. You will get a decision in 24 hours. And with respect to gap, I think you are mixing the term gap. In terms of immigration, you do not have any gap as long as your new visa is granted. The gap you are referring to I guess, is the day you stop working for old org and when you start working for the new one. In summary, your validity/ start date on your new visa is not necessarily the date you will start working for the new company. Hope this is clear

Take the question to an extreme, isn't the weekend between the last Friday for the old employer and the next Monday for the new employer still a gap? No, it is not a gap, because by then you would have had a valid visa from the new company"

adilmd · Post by **adilmd** » Thu Feb 20, 2020 9:11 am

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 8:58 pm
But what happens if you resign such that the last date is before the start date of the new visa? Isn't there a gap then?
You can have maximum of 60 days of gap.
if you are on Tier 2 General and resigned from employer. Let us say your last working day with your employer is 20th Feb. The employer is obliged to inform HO to end the sponsorship on 20th Feb. Once HO receives this information they will send you curtailment letter. From the date of the letter, you have 60 days to legally stay in UK to find new sponsor and get your new BRP.
Read the Tier 2 policy guidance - point #246
https://assets.publishing.service.gov.u ... FINAL1.pdf

The scenario of this is my new employer wishes me to start soon, but I don't know how much buffer I should allocate for the visa application time and 1 month notice since the visa application time and relocation time is not known. Therefore I want to allocate the time one or two weeks longer than the notice period, which means there might be one or two weeks in between?

Start date in the new CoS is the key.

Before submitting visa document,
The start date in the CoS can be changed without hassle by mentioning the new start date in the sponsor note by your sponsor.
So if you think there will be delay, then speak to your new employer and change the starting date in CoS.

Visa Timeline - 6 to 8 weeks if applied on standard
5 working days if applied on priority
1 working day if applied on super priority

After submitting the visa document , visa approved and BRP issued,
The start date in the CoS can still be changed by mentioning the new start date in the sponsor note by your sponsor. But the new start date should not be more than 28 days from the start date in CoS.

Read the Create CoS guide for sponsors - Page 6 - How to amend Cos
https://assets.publishing.service.gov.u ... r_2017.pdf

Read the Tier 2 policy guidance - point #246
https://assets.publishing.service.gov.u ... FINAL1.pdf

Take the question to an extreme, isn't the weekend between the the last Friday for the old employer and the next Monday for the new employer still a gap?
Dont worry about the gap. As per curtailment guidance, you are allowed to have 60 days of stay in UK legally without any sponsorship.

I am providing my dates below,
CoS assigned date - 14th Jan 2020. Start date of employement in CoS - 02nd March
Employer took some time to send me the CoS , I recieved it on - 20th Jan 2020
Processed the application through immigiration advisor - They were pretty helpful and completed my documents in 2 days.
Visa document submission - I paid for super priority service and submitted docs on 24th Jan (additional fee for taking appointment in Cardiff center)
Visa result - 24th Jan evening , I received mail from HO that visa is approved.
BRP Recieved - 06th Feb 2020 ; Issued date mentioned in BRP - 02nd Feb 2020 (My current BRP is valid till December 2020). As per my immigiration advisor advise, I have to cut my old BRP into 4 pieces and send it to HO. I have not sent this to HO yet, as I have not started my new job. I will be sending this next day after my Last working day with current employer.
Last working day with current employer - 27th Feb; I gave notice on 27th Jan
Joining in new company - 02nd March (as I mentioned earlier, even now legally I am allowed to change the starting date to a max of 28 days from 02nd March through my sponsor by amending it in spnosor note of CoS).

Djsuccess · Post by **Djsuccess** » Thu Feb 20, 2020 6:36 pm

adilmd wrote: ↑
Thu Feb 20, 2020 9:11 am

lriuui0x0 wrote: ↑
Wed Feb 19, 2020 8:58 pm
But what happens if you resign such that the last date is before the start date of the new visa? Isn't there a gap then?
You can have maximum of 60 days of gap.
if you are on Tier 2 General and resigned from employer. Let us say your last working day with your employer is 20th Feb. The employer is obliged to inform HO to end the sponsorship on 20th Feb. Once HO receives this information they will send you curtailment letter. From the date of the letter, you have 60 days to legally stay in UK to find new sponsor and get your new BRP.
Read the Tier 2 policy guidance - point #246
https://assets.publishing.service.gov.u ... FINAL1.pdf

The scenario of this is my new employer wishes me to start soon, but I don't know how much buffer I should allocate for the visa application time and 1 month notice since the visa application time and relocation time is not known. Therefore I want to allocate the time one or two weeks longer than the notice period, which means there might be one or two weeks in between?

Start date in the new CoS is the key.

Before submitting visa document,
The start date in the CoS can be changed without hassle by mentioning the new start date in the sponsor note by your sponsor.
So if you think there will be delay, then speak to your new employer and change the starting date in CoS.

Visa Timeline - 6 to 8 weeks if applied on standard
5 working days if applied on priority
1 working day if applied on super priority

After submitting the visa document , visa approved and BRP issued,
The start date in the CoS can still be changed by mentioning the new start date in the sponsor note by your sponsor. But the new start date should not be more than 28 days from the start date in CoS.

Read the Create CoS guide for sponsors - Page 6 - How to amend Cos
https://assets.publishing.service.gov.u ... r_2017.pdf

Read the Tier 2 policy guidance - point #246
https://assets.publishing.service.gov.u ... FINAL1.pdf

Take the question to an extreme, isn't the weekend between the the last Friday for the old employer and the next Monday for the new employer still a gap?
Dont worry about the gap. As per curtailment guidance, you are allowed to have 60 days of stay in UK legally without any sponsorship.

I am providing my dates below,
CoS assigned date - 14th Jan 2020. Start date of employement in CoS - 02nd March
Employer took some time to send me the CoS , I recieved it on - 20th Jan 2020
Processed the application through immigiration advisor - They were pretty helpful and completed my documents in 2 days.
Visa document submission - I paid for super priority service and submitted docs on 24th Jan (additional fee for taking appointment in Cardiff center)
Visa result - 24th Jan evening , I received mail from HO that visa is approved.
BRP Recieved - 06th Feb 2020 ; Issued date mentioned in BRP - 02nd Feb 2020 (My current BRP is valid till December 2020). As per my immigiration advisor advise, I have to cut my old BRP into 4 pieces and send it to HO. I have not sent this to HO yet, as I have not started my new job. I will be sending this next day after my Last working day with current employer.
Last working day with current employer - 27th Feb; I gave notice on 27th Jan
Joining in new company - 02nd March (as I mentioned earlier, even now legally I am allowed to change the starting date to a max of 28 days from 02nd March through my sponsor by amending it in spnosor note of CoS).

Nice one @adilmd. This is as good an explanation the OP can get. Your COS start date and the issue date could be different. So the issue of gap doesn't come in. YOu have another valid visa from a new employer while serving your notice period with the old employer

lriuui0x0 · Post by **lriuui0x0** » Thu Feb 20, 2020 7:09 pm

Thanks for the reply!

Let's say I do want to provide my bank statement. Is it OK for me to just print them without stamp? (HSBC doesn't do stamping). Do I have to order them from the bank? Does that make any differences?

Djsuccess · Post by **Djsuccess** » Thu Feb 20, 2020 8:59 pm

lriuui0x0 wrote: ↑
Thu Feb 20, 2020 7:09 pm
Thanks for the reply!

Let's say I do want to provide my bank statement. Is it OK for me to just print them without stamp? (HSBC doesn't do stamping). Do I have to order them from the bank? Does that make any differences?

Your statment must be ordered. Printed staments without stamps are not accepted.
Many banks offer in branch printing of statement as self service or over the counter. if HSBC offers a stament printer as self-service, that will be acceptable, as it will essentially be the same as you will get in the post. Otherwise, go to the branch and ask them to print it for you. They should stamp it, especially if it was printed by themselves and not you.

lriuui0x0 · Post by **lriuui0x0** » Fri Feb 21, 2020 3:08 pm

Thanks for the reply!

lriuui0x0 · Post by **lriuui0x0** » Fri Feb 21, 2020 3:13 pm

Hi,

I'm applying for Tier 2 Visa change of employer with my wife as my dependent. The company that I'm going to work for asks me to appy for priority service, but they don't reimburse priority service for my wife so she will be using normal service.

Should I make two applications separately for me and my wife? Or should I make one application with my wife as my dependent and then select different service for each person? My worry is that the latter doesn't allow me to choose difference services.

Anyone has encountered similar situations before? If you can add some screenshots of the online application form at relevant steps, that would be super helpful.

CR001 · Post by **CR001** » Fri Feb 21, 2020 3:15 pm

Should I make two applications separately for me and my wife?

Yes.

CR001 · Post by **CR001** » Fri Feb 21, 2020 3:16 pm

Kindly also read the forum rule regarding multiple posts/topics, link below.

announcements/multiple-posts-will-be-lo ... t5722.html

bgm02 · Post by **bgm02** » Sun May 31, 2020 6:59 pm

adilmd wrote: ↑
Wed Feb 19, 2020 10:41 am
Hi,
When to give resignation notice to employer?
It depends on the confidence you have on your visa application with new employer.
Your current employer will not know that you have a new CoS or applied for change in sponsor, untill you inform them. (I had the same question when I was applying).

In my case, I got CoS from my new employer pm 20th Jan and the start date in CoS was 02nd March.

I explained the whole process to my new employer and informed them I will resign only after I get approval letter from Home office. They were kind enough to accomodate my request and appointed a immigiration advisor to submit my visa application on super priority service. I applied my visa on 24th Jan and I got approval mail from HO on the same day. So I gave resingation notice to my current employer on 24th Jan.

Once your current employer informs HO on your last working day, you will receive a curtailment notice from HO which will say that you have 2 months time from your last working day to find new sponsor to continue to live in UK. Some of friends, resigned the current job when they received the CoS. During the 2 month curtailment period they applied for visa using new CoS and got their visa. So its totally upto you when to give resignation notice.

I recently completed the change of sponsor process. So if have any more questions, post it. I will share my experience.

@adilmd THANKS for the info above. given you've gone through this super recently wanted to ask few follow ups if I may!!

1. following your timeline... say we definitely wait for new visa to be approved/new BRP to arrive in the mail, before we give in notice + resign at current employer. at this stage you move into working the notice period, and say your new CoS employment date isn't for another 5-6 weeks.. you can still legally work your 1 month notice in current job right? even though you've been issued a NEW visa and BRP already (is your old visa active?)? Some posts talk about an article 221 tier 2 guidance or something... but not clear!

2. given the above timeline, you technically never serve even 1 day of the 60 day grace period for finding the new employment right? given there is literally no gap between leaving current role and getting the new visa in hand (you do this before leaving current job already)?

3. I've read a post that says, the day of resigning/giving notice, employees should send a copy of the notice letter directly to UKVI, including the planned last day of the notice period. did you do this / would this be necessary?

Many THANKS for your help in advance! Not sure if you've already looked into ILR too.... but also wondering if the notice period (after receiving the new BRP, but before joining the new employer) would count towards the 180 days of work absence limits?

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