Tier 2 General Switching Sponsor & ILR & Relieving Letters

[rockcbe]

Hi Manci/Moderators,

I came on T 2 General and was issued Leave for 3 years from May and been working with my current employer. But It's really becoming tough working with current employer as he more or less works like a Umbrella Company and asking me to sign various contracts every now and then. Most of the rules put up in those are one sided and I am being paid cash in hand without getting a payslip being issued as well.

I feel caught up, but I have my family here and can't make any quick judgments without impacting my stay

I have another employer who is a big MNC ready to take me in without the need for any relieving letters etc. The following are the questions I have ...

1.) Once I get the COS assigned and Visa approved , I can inform my current employer that I would like to resign . Is it mandatory that a relieving letter be issued for the likes of UKBA/Legally before I can start work at the other place , or is tendering a resignation via email enough ? as he might even go the extent of asking me to stay for 3 years till visa was granted.. which I don't intend to do..

2.) My prospective Employer wants me on a long term basis, now that I have elapsed 5 months , can they apply for a COS for 5 Years ? or should they limit to 3 years ?

3.) At the end of 4 Yrs 11 Months , Do I need to present my current employers Relieving letter for ILR etc. ? I can def. show the Offer Letter that was issued and can then show the new employers details ...

I understand this is very futuristic stuff to think , but really appreciate your answers

[manci]

Hi Manci/Moderators,

I came on T 2 General and was issued Leave for 3 years from May and been working with my current employer. But It's really becoming tough working with current employer as he more or less works like a Umbrella Company and asking me to sign various contracts every now and then. Most of the rules put up in those are one sided and I am being paid cash in hand without getting a payslip being issued as well.

I feel caught up, but I have my family here and can't make any quick judgments without impacting my stay

I have another employer who is a big MNC ready to take me in without the need for any relieving letters etc. The following are the questions I have ...

1.) Once I get the COS assigned and Visa approved , I can inform my current employer that I would like to resign . Is it mandatory that a relieving letter be issued for the likes of UKBA/Legally before I can start work at the other place , or is tendering a resignation via email enough ? as he might even go the extent of asking me to stay for 3 years till visa was granted.. which I don't intend to do..
what you refer to as a relieving letter doesn't exist in the immigration context. You have an employment contract which probably has a notice period written in it. The sequence to follow:

a) get the new sponsor to carry out the RLMT (unless an exemption applies) and once it has been successfully completed to assign a CoS with the works start sufficiently ahead to allow you to give notice to your present employer.

b) make a change of employment application based on the new CoS

c) once your application is granted by the HO give notice to your present employer

2.) My prospective Employer wants me on a long term basis, now that I have elapsed 5 months , can they apply for a COS for 5 Years ? or should they limit to 3 years ?

the CoS and your application can be for 5 years but only if it is within the 6 year cap on your total stay under T2.

3.) At the end of 4 Yrs 11 Months , Do I need to present my current employers Relieving letter for ILR etc. ? I can def. show the Offer Letter that was issued and can then show the new employers details ...
see above

I understand this is very futuristic stuff to think , but really appreciate your answers

[Frontier Mole]

You are working for an abusive sponsor.
Name and shame them to ensure other people do not get caught in their trap.

[rockcbe]

Thanks Manci for the quick turn around.

So effectively , if my new sponsor applies for either 5 Years or 3+2 , I will be well within the 6 Years Limit and
when I submit after 5 Years I should be good, to show that as proof of staying for 5 continuous year.- THanks

When you say "Change Of Employment" Application - I did read it in T2 Guidance, but Couldn't find any relevant forms/Applications online..

Is it Like New Visa Application/ Extension / Switching ?? Or Am I missing some form to be filled online etc. ?

Once I plan to apply , post RLMT and COS , I should be eligible to apply In country with BRP for myself and Dependents ?

[manci]

the form for yourself:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

and for your dependants:
https://www.gov.uk/government/uploads/s ... _07-14.pdf

You should apply in-country otherwise there is a 1 year cooling-off period and check if these forms are still current at the time of the application

[rockcbe]

Thanks Manci.. Much appreciated..