Switching Employer, do I need 2show dependent's maintainance

[SteveOo]

Hi All,

I have been working on Tier2 General Visa for my previous employer until March 2014. Since then, I had been searching a new job.

Now, I have got a job and employer is happy to sponsor my visa too. I am currently waiting for the CoS. I have few questions in mind before I apply for the visa. Please guide:

1. My current visa expires by end of this month and I never received any letter or communication from either UKBA or my employer - Shall I assume that everything will be fine when I will apply for the new visa? (I have just checked with my previous employer that they have my current address on file as I changed place after getting the visa).

2. As per guidance from UKBA, I will not have to provide English Language proof as I have already provided back in Oct 2011. Am I correct?

3. I also don't have to provide any maintenance proof for myself as I had Tier 2 General in past and my new employer is a A-premier (Government Agency) sponsor. Am I correct on this one?

4. Do I have to provide any maintenance proof for my wife who is here on dependent visa? and how much? (I guess for 90 days).

5. For Dependent Application form under Section M: M2 and M3-
M2 - It's Tier 2 General (Go to M3)
M3 - An application following a change of employment - go to Section N [As I am changing employer]

But their is an option for "An initial switching application - go to M11" - I don't think this is applicable for me. Is it?

6. For Dependent Application form under Section N: N4-"N4; Do you intend to remain in the UK beyond the period of leave that your Spouse/Civil Partner has or may be given?"

Technically the answer should be - No. Am I correct?

[manci]

has your previous employer informed UKVI of the termination of your employment in March?
Do UKVI have your current contact details?

[SteveOo]

has your previous employer informed UKVI of the termination of your employment in March?
Do UKVI have your current contact details?

My previous employer was an A-level sponsor and very strict on following rules and guidance from UKBA so I believe they must have. I don't know about UKVI having my current address but I asked my previous employer about this in June and their reply was that they will contact us (employer) before contacting you (me) and we (employer) will inform you (me) about any communication.

Could you please suggest if I need to do something?

[SteveOo]

My new employer is about to issue the CoS.

Could someone please suggest whether I need to do something about the maintenance for mine and my wife's applications?

Thanks

[manci]

you don't need to show maintenance if you have existing T2G leave and you and your wife apply together.

However, since your T2G sponsored employment ended 7 months ago it is possible that your visa was curtailed and has expired by now. Suggest you submit a SAR and request expedited processing:
https://www.gov.uk/government/uploads/s ... 23/sar.pdf

[SteveOo]

you don't need to show maintenance if you have existing T2G leave and you and your wife apply together.

However, since your T2G sponsored employment ended 7 months ago it is possible that your visa was curtailed and has expired by now. Suggest you submit a SAR and request expedited processing:
https://www.gov.uk/government/uploads/s ... 23/sar.pdf

I am little tensed now. Could you please suggest/guide:

1. Which boxes I should tick in Section 6? (Details of the data required)

2. How quickly I will get a response on such queries (if you know).

3. What if they have curtailed my visa as I am due to apply for a new visa with valid CoS?

3.1 Can I still apply within UK? Will there be any issues?

Thanks a lot for your help manci and would appreciate if you could guide me more in this please.

[manci]

you don't need to show maintenance if you have existing T2G leave and you and your wife apply together.

However, since your T2G sponsored employment ended 7 months ago it is possible that your visa was curtailed and has expired by now. Suggest you submit a SAR and request expedited processing:
https://www.gov.uk/government/uploads/s ... 23/sar.pdf

I am little tensed now. Could you please suggest/guide:

1. Which boxes I should tick in Section 6? (Details of the data required)
you could tick "all data" but this may delay the response. Tick the first 2 boxes
2. How quickly I will get a response on such queries (if you know).
no way to know but write a covering letter requesting urgent processing on the basis that your leave expires at the end of this month
3. What if they have curtailed my visa as I am due to apply for a new visa with valid CoS?
if the curtailed visa expired more than 28 days ago the application would be refused
3.1 Can I still apply within UK? Will there be any issues?
depends on the status of your visa. Try to check if any correspondence from UKVI was received at your previous address.

Thanks a lot for your help manci and would appreciate if you could guide me more in this please.

[SteveOo]

you don't need to show maintenance if you have existing T2G leave and you and your wife apply together.

However, since your T2G sponsored employment ended 7 months ago it is possible that your visa was curtailed and has expired by now. Suggest you submit a SAR and request expedited processing:
https://www.gov.uk/government/uploads/s ... 23/sar.pdf

I am little tensed now. Could you please suggest/guide:

1. Which boxes I should tick in Section 6? (Details of the data required)
you could tick "all data" but this may delay the response. Tick the first 2 boxes
2. How quickly I will get a response on such queries (if you know).
no way to know but write a covering letter requesting urgent processing on the basis that your leave expires at the end of this month
3. What if they have curtailed my visa as I am due to apply for a new visa with valid CoS?
if the curtailed visa expired more than 28 days ago the application would be refused
3.1 Can I still apply within UK? Will there be any issues?
depends on the status of your visa. Try to check if any correspondence from UKVI was received at your previous address.

Thanks a lot for your help manci and would appreciate if you could guide me more in this please.

Thank you, manci.

I have just spoken with my previous employer. They confirmed that there is no communication since March 2014. Also that I am only supposed to inform my employer of address change and not UKBA.

I am thinking of calling UKVI directly to find out about this now. I have found there numbers herehttps://ukvi-international.faq-help.com/
Telephone: 0300 123 2241

I will update as per progress.

Once again, thank you for helping manci

[manci]

read para 217 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

[SteveOo]

read para 217 of the T2 policy guidance:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

Thank you, manci. I read all possible and relevant guides and rules I could on UKBA website. I did read this as well but everytime I have applied for visa, my employer has suggested to update them for any changes and not directly to UKBA, so I did.

I spoke with both my old and new employer on this point and they have said the same thing. Reason for that was that the SMS system is updated for all changes which automatically informs UKBA.

Regarding the call - I called UKVI, curtailing team and Employer's helpline but no one is ready to give out any information. The impression I got from their talks was that I am still legally staying here (as they pulled my details on screen after asking several questions to verify and then said nothing negative or wrong) but suggested to call different numbers which I have done now with no outcome.

On other side of it - My wife travelled outside of UK and returned in June and her visa was checked but nothing was questioned. I have regular communication with my previous employer who has always advised that no communication from UKBA. So, I am thinking, all is good.

Is there any other way to check before I send my application as the SAR will take sometime and I will not have time left to work on it and then apply. I will have to take that risk.

I thank manci for the help and guidance once again.

Big Thanks

[manci]

It is part of a sponsor's record keeping duties to maintain up to date contact details of the workers they sponsor but I am unaware of a requirement that they must communicate changes in contact details to UKVI via the SMS.

If your wife's visa was checked and found OK when she returned to the UK that means that at least at time your visas hadn't been curtailed (because curtailed visas lapse on departure from the UK).

[SteveOo]

It is part of a sponsor's record keeping duties to maintain up to date contact details of the workers they sponsor but I am unaware of a requirement that they must communicate changes in contact details to UKVI via the SMS.

If your wife's visa was checked and found OK when she returned to the UK that means that at least at time your visas hadn't been curtailed (because curtailed visas lapse on departure from the UK).

Once again, thank you so much for clarity on this part. I guess, I never noticed it (if it was there when I did my application in 2011).

Now, all is clear and I have got CoS from the employer also. I am going to complete my application and send it off on Monday 20th Oct 2014.

I want little more help on this now.

1. Are these the correct forms for:
my application:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

my dependent:
https://www.gov.uk/government/uploads/s ... _07-14.pdf

2. In Section 4 - Supporting Documents - As I already have Tier2G visa, do I still need to send:
2.1 Marriage or civil partnership certificate - For my wife?
2.2 Birth certificates - For myself / Also for wife with her application.

On Dependent form

3. Under Section C – Details about the PBS MAIN APPLICANT you are dependant on:
3.1 C4; What is the reference number for the most recent application of the PBS main applicant you are dependant on? (ht)
- What should I fill here? Is it my previous application reference number as my wife's application is going with mine so no current reference number?

4. Is there any other documents I suppose to send than the following:
1. For myself - Application Form, Passport, BRP, 2 Photos
2. For wife - Application Form, Passport, BRP, 2 Photos

Secondly, my current visa is until 31st Oct 2014. If I apply for visa by post, it will come in Nov. Between 1st Nov and when I get the visa, I will legally stay in UK but will it make any impact on my ILR application later in future?

Third, During March 2014 and Dec 2014 (when I am starting my new job), I was not working (looking for new job). Will this make any difference in my ILR application? [I am completing my 5 working years in Nov 2016 (if I ignore the March'14 to Nov'14 time).]

Many many thanks in advance for the great help.

Regards