Tier 2 (G) changing job after expiration of the current job

[yapolyak]

Hi everybody,

I am slightly puzzled by the information given on the official site. They say that a) one can only extend or switch the visa, if from within the UK (not re-apply), b) eligibility criteria for extending the visa is staying with the same employer, and then c) that "You may need to apply to extend your Tier 2" if you change employer... So, what is the difference between extending the visa when staying at the same employer, and when changing it?
My situation is the following - I am on a contract for 2 years, and by the end of this contract I want to get another job in the same field (I am a researcher) but in a different institution. So it's not that I decided to change my employer while my visa is still valid, I do need a new visa, but I don't want to leave the country... Of course, let's assume that the new CoS will be issued from say the next day after my previous contract ends (as far as I understand I cannot have a gap of more than 14 days), and I will apply for an extencion before my current job (and visa) ends. Can I do that?

I will appreciate any help!

Kind regards,
Iakov

[physicskate]

Hi everybody,

I am slightly puzzled by the information given on the official site. They say that a) one can only extend or switch the visa, if from within the UK (not re-apply), b) eligibility criteria for extending the visa is staying with the same employer, and then c) that "You may need to apply to extend your Tier 2" if you change employer... So, what is the difference between extending the visa when staying at the same employer, and when changing it?
My situation is the following - I am on a contract for 2 years, and by the end of this contract I want to get another job in the same field (I am a researcher) but in a different institution. So it's not that I decided to change my employer while my visa is still valid, I do need a new visa, but I don't want to leave the country... Of course, let's assume that the new CoS will be issued from say the next day after my previous contract ends (as far as I understand I cannot have a gap of more than 14 days), and I will apply for an extencion before my current job (and visa) ends. Can I do that?

I will appreciate any help!

Kind regards,
Iakov

Sure! Just make sure the new job meets the criteria. There is no problem changing sponsors - before or 'at' the end of the previous employment.

[Frontier Mole]

Your prospective new employer can issue the COS for your new role upto three months before the start date of your new job. You can apply for your ectension using that COS before you even finish your current employment. I would suggest you apply about 4 weeks ahead of the start date at the latest.
You can not start with your new employer until you receive your new visa hence you want to apply up front rather than once your existing visa ends.

[yapolyak]

Thank you very much for your replies!

I remember that CoS can be issued 3 months prior for the job to start, and so you say that it is alright if the date of the new job will start next day after the previous job ends, right? Am I correct, that even though CoS is issued in advance, they can give the visa only starting from the date my new job starts (defined in the CoS), or maximum 14 days prior to that day? I ask because what also concerns me, is what if I get a new job, say, a month After my previous job ends? I will be able to get CoS and apply in advance, but they will not still be able to give me a new visa such that the month time gap will be covered, right? So I Must make sure my new job starts immediately after my previous job ends? Or are there any tricks?

Thank you very much again!

Kind regards,
Iakov

[Frontier Mole]

The start date for the new role can be any date upto three months from the assignment of the COS It does not have to be exactly one day of the expiry of your current visa .

[yapolyak]

The start date for the new role can be any date upto three months from the assignment of the COS It does not have to be exactly one day of the expiry of your current visa .

Oh, is it so?.. But the new visa will be issued not from the date CoS was assigned, but from the date Indicated in CoS (start day of a new contract) + maximum 14 days, isn't it? So, imagine my current job And my current visa ends on June 30. I get a new job from e.g. August 1. I am assigned a CoS from the new Institution on e.g. May 1, in which it is said that the new job starts on August 1. Even if I apply for my visa extension immediately, wouldn't they be able to give me a new visa not earlier than 14 days prior to August first, so that there will be a gap between my current visa period and my new visa? Or am I wrong here?

Sorry to be slow

[yapolyak]

I am sorry to be stupid. I think I understand what you say. How I described it above probably applies only for getting Tier 2 from scratch from outside, while when I extend my current Tier 2, overlap of the new CoS assignment date with my current contract end date is enough to get the visa extended? So even if there will be a slight time gap they will extend my visa from July 1 (in the example I described)? If that is so, it is great, but may I ask you to point me to the place where it is officially described? I looked yesterday through the long Tier 2 guidance, but didn't find that point in the Changing Job section...

Thank you a lot!

[Frontier Mole]

In the circumstances you have outlined you have managed to pick the exact date - one calendar month after the visa expiry date where it would make zero difference as you would meet the grace period rule in any event.

Lets change the dates to say visa expiry 30 June
New job start date 6 August
COS assigned 15 May

Would they give you a new visa?

The answer should be a yes. The fall back position is as long as you apply in time (before 30 June) and the grace period covers the gap where the rules for the visa grant do not then you have a route to the visa.

In my scenario above the month grace period finishes on 31 July but the earliest start date of the visa would be 14 days prior to the work commencement date. Hence within the one month grace period so it in effect stretches the gap between visa expiry as actual work commencement to six weeks.

Hope that helps

[yapolyak]

In my scenario above the month grace period finishes on 31 July but the earliest start date of the visa would be 14 days prior to the work commencement date. Hence within the one month grace period so it in effect stretches the gap between visa expiry as actual work commencement to six weeks.

Thank you very much for your detailed answer. It does clarify the situation and gives lots of hope My only question then is where can I find official information about this 1 month grace period?.. I don't think I saw it in the rules... There was something about "overstaying for no longer than 28 days" - is it related?

And the last bit - applying for an extension in such a situation - can I still use this online service https://apply.ukba.homeoffice.gov.uk/ia ... l=formList to do that, or is it only suitable for extending the current visa while staying with the same employer?

[Frontier Mole]

Can't help you with knowledge of the use of the online application - never used it.

The 28 days & the one month period :

The rules say 28 days but the caseworker guidance still states one month. Given the difference and the minimal detail in the number of days I do not think thevHO would dispute the case in court.

In the scenario I gave it does not matter as you would make an in time application hence would not be an overstayer.

[yapolyak]

The rules say 28 days but the caseworker guidance still states one month. Given the difference and the minimal detail in the number of days I do not think thevHO would dispute the case in court.

OK, I see! Thank you very much!