Switching from Tier 2 (ICT) to Tier 2 (General)

[MissionPossible]

Fact: I'm currently on TIER 2 ICT Est Staff (Sep'2010 until mid 2013) and would be shortly initiating a switch to TIER 2 General with a different sponsor within UK.

Situation+Doubt: If my start date on unrestricted CoS is mentioned as 1st Oct and say I get my TIER 2 General VISA by 25th Sep, can I continue working with my previous employer (say) until 25th Oct before joining my new employer?

Reason behind this doubt : I have read somewhere about 60 day rule that you can continue to work with previous employer even after switching. Therefore, I do not want to give notice to my current employer until I receive VISA just to ensure safe switching in case something goes wrong with my TIER2 General app.

Please confirm or rectify my understanding on this and if possible , state the section of Guidance which is relevant to this doubt.

[geriatrix]

Situation+Doubt: If my start date on unrestricted CoS is mentioned as 1st Oct and say I get my TIER 2 General VISA by 25th Sep, can I continue working with my previous employer (say) until 25th Oct before joining my new employer?

No, you may work for your current employer only until 30-Sep.

[MissionPossible]

Thanks SushdMehta - You are helpful as always !

One more doubt: If new employer starts RMLT on 15 June and then apply for Cos on 15 July, can they have a start date as 30th Oct on Unrestricted Cos , i.e. 3.5 months after the RMLT has been completed ? If no, then maximum how much time before the start date can RMLT be ending ?

Would prefer, Guidance and relevant sections which deal with these particular areas.

[geriatrix]

Tier 2 policy guidance
The resident labour market test

[MissionPossible]

I could not find something which states: The start date on the CoS can be maximum 'X' months after the RMLT has ended [Maybe I'm missing something]. Can you please help on this?

You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.

Correct me if I'm wrong, the above section from Guidance will apply for Unrestricted Cos as well in my situation. Thus, for start date as 30 Oct on CoS, I can apply for TIER2 General only after 30 July.

[geriatrix]

I could not find something which states: The start date on the CoS can be maximum 'X' months after the RMLT has ended [Maybe I'm missing something]. Can you please help on this?

Perhaps because there is no such restriction.

You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.

Correct me if I'm wrong, the above section from Guidance will apply for Unrestricted Cos as well in my situation.

Applies for both restricted and unrestricted CoS.

[manci]

The validity of a RLMT used for the assignment of a T2 CoS is defined in the T2 sponsor guidance:

293. All CoS, restricted or unrestricted, must be assigned within six months of the date the vacancy is first advertised. Where the vacancy has been advertised in two stages, as described in paragraph 288, the CoS must be assigned within six months of the date the first of the two advertisements first appeared. The only exceptions to this six month limit are:
a) where a migrant has been recruited via a milkround, a CoS must be assigned within 48 months of the milkround taking place.
b) where the job falls within one of the PhD level SOC codes listed in paragraph 252, a CoS must be assigned within 12 months of the start of the recruitment process.

[geriatrix]

The sponsor guidance(s) are available here.


Incidently, the information, slightly differerntly worded, is also available on the RLMT webpage, the link for which I had provided earlier.

If you want to sponsor a migrant to do a job that you have advertised under the resident labour market test, you must assign the certificate of sponsorship no more than 6 months after you first advertised the job. (If the vacancy has been advertised in 2 stages, as described above, you must assign the certificate of sponsorship within 6 months of the date when the first of the 2 advertisements appeared.) This is to make sure that the results of your advertising reflect the current availability of the skills you need.

The only exceptions to this 6-month rule are:
- where a migrant has been recruited via a milkround, in which case you can assign a certificate of sponsorship up to 48 months after the milkround took place; and
- where a migrant is employed as a research fellow at a higher education institution, in which case you can assign the certificate of sponsorship up to 12 months after the recruitment process started. We will exceptionally allow a certificate of sponsorship to have been assigned outside this 12-month limit, but only if you assigned it on or before 31 December 2009.

[MissionPossible]

Thanks Manci and SushdMehta for precise section from Guidance