Tier2 General- Switching the company

[tripathimaanshu]

Hi,

I am on Tier 2 General which is valid for another 2 years, residing in UK and willing to switch the company. I have couple of questions before I start looking for prospective employers willing to sponsor.

1. What type of CoS will be issued, Restricted or Unrestricted. I am in UK but earning less than 100k.
2. Is RLMT applicable post BREXIT.
3. Do I need to resign from my current employment before my prospective employer can initiate the CoS generation.

Thanks

[CR001]

1. Unrestricted cos.

2. Brexit has nothing to do with tier 2 or applications under the UK immigration rules. Rlmt is required if your job and soc is no shortage occupation.

3. No.

[SAMMYKENT78]

Hi,

I am on Tier 2 General which is valid for another 2 years, residing in UK and willing to switch the company. I have couple of questions before I start looking for prospective employers willing to sponsor.

1. What type of CoS will be issued, Restricted or Unrestricted. I am in UK but earning less than 100k.
2. Is RLMT applicable post BREXIT.
3. Do I need to resign from my current employment before my prospective employer can initiate the CoS generation.

Thanks

Hello,

1. While you are in the UK, you will need to obtain unrestricted CoS from your prospective employer.
2. RLMT is applicable for employer and should be of no concern to you at all. However, specific to your question "Yes" it will still be applicable. Brexit has no impact on this at least not as of yet.
3. No, Infact you should not resign until you have been made an offer.

[tripathimaanshu]

Many thanks for your replies.


The role I was assigned is coming to an end now and there is no visibility for another 2 3 months. Going through the blogs and other discussions here suggests that my organisation will inform the visa office that this role is now redundant as per the law and I will have another 60 days to find a new sponsor. - Please advise if this is not the case

1. What if my current organisation transfers me to other country till they find a suitable role for me. Will this visa remain valid? Just trying to explore the best option available and avoid the situation of serving the cooling off period in case am not able to find the sponsor in 60 days which is quite a short duration fo finding a sponsor, get the RLMT done and then Visa process? Or any option that you can advise.
2. What if I go back to India during these 60 days and get the visa initiated from there - will it be restricted or unrestricted cos while my visa remain valid ?

Thanks

[CR001]

Your 60 days curtailment from home office starts when you get the letter and not when you leave your job.

Curtailment letters take a few months to get sent out.

You should not leave the UK if you are no longer working for your sponsor as you risk your visa being cancelled immediately and then you are subject to the 12 month cooling off period.

[tripathimaanshu]

Thanks CR for your quick response.

Apologies if I was not clear in my question earlier -

Regarding You should not leave the UK if you are no longer working for your sponsor as you risk your visa being cancelled immediately and then you are subject to the 12 month cooling off period. - I will be working for the same sponsor but not in UK, I will be transferred to different country , while they look out for a suitable role in UK for me whether my Visa still be valid? If so, while I am in another country is there any possibility of different employer can sponsor me ? And what will be the type of CoS- RCoS or URCoS?

[CR001]

If you leave the UK and are no longer working in the UK for your sponsor, they have to inform ho and your visa will be curtailed.

You cannot apply for another tier 2 general visa outside the UK without the 12 month cooling off period.

There is absolutely no requirement for you to just blindly do what your sponsor says and leave the UK. You do not hold and ICT where a company can dictate where you work.

Find another sponsor while you are in the UK and apply for a new tier 2 general.

[tripathimaanshu]

Thanks,

I am willing to stay in the UK for full five years and apply for ILR. I found the below statement in one of the blogs so still I am not clear about the transfer part or may be I am reading it differently. Below the excerpts -
Please if you can let me know the crux of this para.

[highlight=yellow]Maximum Stay Outside the UK
The rules specify that a Tier 2 migrant must not have been absent from the UK for more than 180 days during any 12-month period within a continuous period of 5 years. The end date of the continuous period will be considered as ending on whichever is the most beneficial to the applicant.

Where the absences are work-related, these must be confirmed by the employer in writing. The letter from the employer must detail the purpose and period of absences, including any periods of annual leave.[/highlight]

SO far I have failed to arrange prospective sponsors, is there anything that you can help me on this?