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Tier 2 (Employer switch)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kamren548
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Tier 2 (Employer switch)

Post by kamren548 » Sat Dec 05, 2015 8:38 pm

Hi there,
My Tier 2 employer switch application has been approved. However, with the extension confirmation letter for my dependents, they have asked for police registration - just for the dependents and not the main applicant.

it sounds a bit strange to me for following reasons:

Firstly, we have never been asked for this previously (and don't fall into any of the nationalities listed on Home Office website);

Secondly, existing leave was approved just a year ago for my dependents (and that too from outside of the UK) but Home Office didn't asked for this then;

Lastly, Home Office decision letter for dependents have repeated wording/paragraphs in the section where it asks for Police registration i.e. the whole paras are literally repeated like three/four times word-by-word, clearly seems like an error.



Therefore my questions are below, would really appreciate if anyone could share their knowledge/experience:

a) why is Police registration required for anyone anyway? what's the purpose?

b) I am not clear if this is a simple oversight by case worker (as i mentioned above) and therefore should i apply for admin review? if so, would the reasoning i mentioned above would suffice?

c) I have read the police registration process and requirements to report changes. it does put additional compliance responsibilities on immigrants but has anyone experienced any real limitations of having police registration (especially if you are travelling for holidays etc)? I know they charge £34 for registration and you have to report changes etc etc but other than that, is this something really worth wasting time on considering we only have a year and a half to go for ILR?

really grateful for your help/advise! I am happy to share my experience on Tier 2 employer switch if that can be of help to anyone!

thanks

geriatrix
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Re: Tier 2 (Employer switch) - Police Registration requireme

Post by geriatrix » Sun Dec 06, 2015 11:20 am

One is required to register, if one is subject to Part 10 and Appendix 2.

If the above does not apply in your case, then you should write to the caseworker. Not sure if AR can be used for getting such an error corrected .... but AR will ensure a response. Writing to caseworker may end up in, worst case, no response at all! Or maybe do both - write to caseworker and submit AR. If caseworker responds in time, withdraw AR??
Life isn't fair, but you can be!

kamren548
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Re: Tier 2 (Employer switch) - Police Registration requireme

Post by kamren548 » Mon Dec 07, 2015 12:00 am

sushdmehta wrote:One is required to register, if one is subject to Part 10 and Appendix 2.

If the above does not apply in your case, then you should write to the caseworker. Not sure if AR can be used for getting such an error corrected .... but AR will ensure a response. Writing to caseworker may end up in, worst case, no response at all! Or maybe do both - write to caseworker and submit AR. If caseworker responds in time, withdraw AR??
Thanks mate for your time. I can confirm none of this applies to my dependents. The reason it felt even stranger to me is because we had our Tier 2 leave extended just over 6 months ago and now extended again due to employer switch and there was no such requirement for the prior extension at all.

Also, i have asked around to few people i know are requited to register with Police and they confirmed Police Registration is not really a hassle. However, if it is one more thing that we can avoid to keep track of for ILR (due in a year or so), it would be quite a big help for me. Hence, i am quite keen to understand this.

In terms of writing to the case worker, what is the procedure. is it simply a case of drafting a letter, attach decision letter, other relevant details i.e evidence that we dont meet any of the criteria mentioned in the rules above and post it to Home Office branch? Should i simply address that to the name mentioned on our decision letter? or is there a separate form/link that i should use?

many thanks once again!

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Re: Tier 2 (Employer switch) - Police Registration requireme

Post by geriatrix » Mon Dec 07, 2015 3:13 am

kamren548 wrote:In terms of writing to the case worker, what is the procedure. is it simply a case of drafting a letter, attach decision letter, other relevant details i.e evidence that we dont meet any of the criteria mentioned in the rules above and post it to Home Office branch? Should i simply address that to the name mentioned on our decision letter?
Yes.
Life isn't fair, but you can be!

kamren548
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Re: Tier 2 (Employer switch) - Police Registration requireme

Post by kamren548 » Mon Dec 07, 2015 9:43 am

many thanks - much appreciated!

kamren548
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Tier 2 - Employer Switch (resignation timing)

Post by kamren548 » Thu Dec 10, 2015 3:57 pm

Hi there,
I have, hopefully, a fault quick question.

My tier 2employer switch application has been approved company has also received the BRPs. The only minor issue is that home office has assigned the expiry date that is couple of weeks shorter than what is specified on the COS.

So the question is if I submit my resignation now would there be any risk if the home office amend the expiry afterwards?

Many thanks

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CR001
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Re: Tier 2 (Employer switch)

Post by CR001 » Fri Dec 11, 2015 8:40 am

kamren548 wrote:Background:
I am switching employers on Tier 2 visa. My application has been approved and we have recieved the new BRPs. There are couple of queries I have on the next steps:

the home office given the expiry on the BRPs which is roughly two weeks less than what is mentioned on the CoS and my new employer wants to check with them via phone why is that. Personally I don't think that really matters as I would still have crossed the minimum 5yrs on that new expiry date for ILR.

Question is should I wait before resigning at my current job till this is resolved? If I do, I will have to give shorter notice period which I am not sure would be acceptable.

Question 2: the start date on CoS was mentioned as 5/2/16 however the new employer than added the comment saying that it should in fact be 15/3/16. Now since the application is approved, is there a way to confirm what is the start date home office have assigned to my COS? I don't want to end up in a situation where I am still serving notice till end February hoping that home office have updated the start date by reading the comment on COS.

Would really appreciate if you could help/share your understanding.
It is better to post your full queries in existing threads rather than PMs so that you can get advice from other members/mods/gurus as well. Please note the red sentence in my signature.
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kamren548
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Re: Tier 2 (Employer switch)

Post by kamren548 » Fri Dec 11, 2015 9:43 am

Ok, noted. Thanks.

Appreciate if anyone can share any advise?

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CR001
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Re: Tier 2 (Employer switch)

Post by CR001 » Fri Dec 11, 2015 9:59 am

I stand corrected, but my understanding is that you can't work for your current sponsor after your new visa start date, so you would have to plan your resignation accordingly.

If the Cos Start date is the same as your visa start date, that would appear to be correct. Best would be to contact your new sponsor.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

geriatrix
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Re: Tier 2 - Employer Switch (resignation timing)

Post by geriatrix » Fri Dec 11, 2015 12:07 pm

kamren548 wrote:So the question is if I submit my resignation now would there be any risk if the home office amend the expiry afterwards?
HO does not "amend" dates unless you notify them of the error (provided there is an error!) and ask for the error to be corrected.
Life isn't fair, but you can be!

kamren548
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Re: Tier 2 (Employer switch)

Post by kamren548 » Sat Dec 12, 2015 12:09 pm

Thanks both.

My visa start date (08/12) is different to CoS start date (05/02/16), so I have enough time for notice period. appreciated your help.

ivanbokii
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Re: Tier 2 (Employer switch)

Post by ivanbokii » Thu Jan 14, 2016 12:03 pm

Hello

I have a similar case with repeated paragraphs in the Home Office decision letter about police registration.
It is even worth, because there are 3 identical paragraphs saying that I need to report to police and 1 paragraph that says that I do not need to register and my police registration certificate has been endorsed to show this. I have checked the police certificate and there were no changes to it.
Would appreciate any advise, especially from the topic started since he/she had the same problem.

Thank You.

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