Tier2- Change of employer

[Raj1211]

Hi all,

I’ve been following this forum since last 2 years. Thank you all admins for your valuable suggestions. It’s really helpful. I have few questions Regarding change of employer,

1. Iam thinking to change employer A to B. I know during this pandemic I am allowed to work before I get decision. If I get decision negatively, then what about my visa situation? Because by that time I left employer A and I think they will update in the sms. Does HomeOffice provide some time to apply for visa again or do I have to leave the country and then apply? My current visa expires in Sept 2021.

2. My job comes under shortage occupation, but EmployerB is worrying to select yes in CoS, because they recently got sponsorship license. They are thinking they might get trouble from HO because of employing people without advert. Actually they advertised for this role in October, but it’s valid only for 6 months. I am trying to explain them that there is no problem by selecting yes. Could you please suggest that is there any problem to employer B by selecting as shortage occupation. Do they have to provide a reason why it comes under shortage occupation or any other?

3. Is there any exemptions for job adverts expiry within 6 months due to this pandemic?

Thanks in advance
xx

[CR001]

1. If your new change of employer visa is refused, you have to stop working. If you still have some visa validity on the previous tier 2, you will need to find another sponsor and apply again and pay the fees again.

2. They are being paranoid for no reason. If it is a SOL, there is NO need for RLMT as the rules clearly state. They do NOT have to provide a reason, it is based on the SOC and the job you will be doing.

3. No there is not. Nothing prevent any employer from advertising.

[Raj1211]

Thank you CR001 for your quick response.

1. I have visa until September 2021, so that means I can stay legally until I get HO curtailment letter and stating a date to leave? Do I have to find another sponsor or is it okay if my new employer gives me a new CoS?

2. If they don’t select Yes, then my visa definitely will be refused, am I correct?

3. I meant to say, pandemic preventing employer to recruit people within 6 months.

[CR001]

1. You can get a new Cos and lodge an application.

2. Ifthey dont indicate it as sol, UKVI will expect to see evidence of rlmt.

6. Not really, people have been employed during this time. There is no exception to the rule of rlmt being within 6 months validity.

[Raj1211]

1. You can get a new Cos and lodge an application.

2. Ifthey dont indicate it as sol, UKVI will expect to see evidence of rlmt.

6. Not really, people have been employed during this time. There is no exception to the rule of rlmt being within 6 months validity.

Yes but they been waiting for uCos since January. It’s rejected once and they had to request again. That’s why there is delay in offering position.

[CR001]

Nothing you can do them but wait.

[Raj1211]

If the new employer wants to give role as shortage, do they have to be register again like old rules before October 6th 2019 or can any employer allowed to give Role as shortage role if their field is suitable?

[CR001]

It depends on what they presented to ho when they applied for a license and their business needs requiring to be a sponsor.

[Raj1211]

They are Electronic and software industry. So I think they’ll give me 2124 which is electronic based roles do it is in SOL. Do you think visa will be approved if they provide Shortage role without providing any rlmt details.
Thanks

[Raj1211]

Hi

Please help - urgent

Employer providing cos for 3 years. Which exceeds my stay beyond 6 years. Even though it’s beyond 6 years will I get upto 6 years or will my application get rejected?

Please help

Thank you.

[CR001]

You will only get a visa up to a maximum of 6 years, even if your CoS is for 3 years. You will have to pay IHS for 3 years though.

You should have asked for a CoS in line with the timeframe to reach 6 years, i.e. if 1.5 years, they could have assigned a CoS for 1.5 years.

[Raj1211]

Thank you CR001 for your quick reply.

I did asked them to give 2 year CoS which will be short of 2 months to complete 6 years. But they’re saying you can adjust it in application form based on your circumstances. Don’t know what to do?
Will my visa rejects because of this 3 years?

Can I pay IHS for 2 years by adjusting dates like people do normally for ILR ?

Thanks

[CR001]

I did asked them to give 2 year CoS which will be short of 2 months to complete 6 years. But they’re saying you can adjust it in application form based on your circumstances. Don’t know what to do?

You can't. You can only apply for what has been stated as the length of your CoS.

Will my visa rejects because of this 3 years?

No.

Can I pay IHS for 2 years by adjusting dates like people do normally for ILR ?

No. You have to pay what is stated in line with the CoS that has been assigned.

[Raj1211]

Thank you for your response.

They are saying not able to amend details. Is it okay to add sponsor note end date as xx-xx-xxxx.
Does HO consider the sponsor note as end date? Or do they have to assign new CoS?

Thanks

[Raj1211]

Hi all,

1. As mentioned in the previous posts, my employer given work end date beyond 6 years. After we had some discussion they changed in the sponsor note work end date below the 6 years, so will it be okay or do I need the new CoS?

2. Employer mentioned as, “employee will complete 6 years on 10-10-2022. Please consider the end date as 10-08-2022.” But my actual 6 years will complicate on 12-10-2022. Will that be problem mentioning Wrong date for 6 years completion date? 2 days incorrect I think.

Please help. Thanks in advance.

[Raj1211]

Please help

[mccheb]

You don't need to worry. Changing end date with sponsor note is normal - that happened with both of my previous CoS's and all the applications were successful.

[Raj1211]

You don't need to worry. Changing end date with sponsor note is normal - that happened with both of my previous CoS's and all the applications were successful.

Thank you mccheb for you response.

What about the 6 year date mistake. It’s 2 days short. Does case worker look for accurate date. They gave 10-10-2022. But it should be 12-10-2022.
Please help. Thanks

[Raj1211]

Hi admins

Please give me suggestions.

[Raj1211]

Please help me.
Thanks

[CR001]

Does 2 days really make such a big difference??

Ukvi will base the length in the visa dependent on what the cos and sponsor notes day.

[alex132]

Having a Tier 2 visa for 2 years, and if I change my employee, do I need to apply Tier 2 again?

[Raj1211]

Does 2 days really make such a big difference??

Ukvi will base the length in the visa dependent on what the cos and sponsor notes day.

Apologies. But I don’t want get into problem myself. I thought I have given wrong info to my employer about my 6 year completion date which could lead to any trouble by giving false information.

Thank you.