Change of employment under Tier 2 crossing 60 days

[CR001]

You cannot make or have two applications with HO at the same time, this applies to CoS as well, you cannot have two assigned to you at the same time.

You would have to withdraw your application and ask the employer to cancel the CoS.

[samdav7]

Oh no!

What choice do I have from here?
I spoke to the HR and they are clear that they will wait to hear the decision, now then the application has been submitted and the fact that their recent employee was given visa on the same category!
Should I apply for jobs elsewhere and once offer is confirmed, should I ask this HR to cancel my CoS so that my new employer will be able to issue a new CoS and by that time I withdraw this application?

[samdav7]

or should I ask the HR to cancel the issued CoS and reassign a new CoS immediately? (as the RLMT conducted will now still be valid and they can use this for a new CoS.
I can also withdraw my existing application and apply with the new CoS as soon as possible, to avoid the limited days of curtailment of leave that will be given to me when they do reject.
Would this be the wise thing to do than wait for the decision outcome???

[samdav7]

Further to my last post on requesting HR To cancel and reassign a new CoS, does anyone know the current method to withdraw an existing Tier 2 application?
https://www.gov.uk/cancel-visa
states as below:
https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

This form should be used if:
You have an outstanding application with the Home Office and now wish to withdraw this and leave the UK
Does it mean, I can also make a new application by using this form to withdraw my existing one?

Also, for my employer to cancel and re-assign a new CoS, do they have to follow any procedure?
https://assets.publishing.service.gov.u ... _final.pdf
Tier 2 and 5 Sponsor guidance states in page: 102,
23.30 If a migrant is in the UK with entry clearance or leave to remain, we will cancel
or curtail their leave if we find the CoS which supported their application was
improperly assigned. If this happens:
• their permission to be in the UK as a Tier 2 or Tier 5 migrant will be
curtailed, normally to 60 days if they were not actively involved in the CoS
being assigned, or issued improperly
• immediately curtailed if they were actively involved (What does this mean??)

My head is spinning and I am all confused to bits..
Please suggest!

[samdav7]

Can anyone advise on what to do from here?
Does anyone knows how to withdraw an existing Tier 2 application and make a new application subsequentyl?

[CR001]

Why not simply wait for the outcome of the application you have submitted??

You still have a valid visa so suggest stop jumping the gun and just wait.

[samdav7]

Thanks for the input! I had thought through on this to possibly wait and see for the outcome!
What I am worried is:
1.If the Home Office had made an error of judgment in their decision to my employer's recent employee's application and they do pick it on mine and or in future they do come to know the category of CoS was not appropriate, will it affect my future stay or when I apply towards ILR?
2. Does this fall under 'significant error'?? making it mandatory to reassign a new CoS?
3. My existing visa is valid till 04/2021 and while haven't received curtailment of leave, if the outcome is rejected, will I get the '60 days curtailment period' or 14 days to appeal or leave the country? As this would leave no time for my employer to conduct a RLMT and then issue a new CoS?
Am I thinking straight on this?

[CR001]

1. No effect on you as you still have a VALID VISA.

2. I don't know. They MIGHT be able to add a sponsor note in the SMS system on the CoS.

3. I have already answered this more than once!!!