changing sponsor under tier2

[Frontier Mole]

Yes

[NMohammed]

Hi,

I am working for company A on TIER 2,but recently I got a conditional offer from company B,so i accepted it and switched my visa to company B sponsorship and recevied my new BRP card.
But i am still working for company A,because the start date on company B cos is 1st Sept so i think i can legally work of company A till 31st August.(correct me if i am wrong)

However as i have to complete 1 week notice period at company A i am thinking to resign by the end of this week so that i can complete 1 week notice(i.e next week).

But the problem is that although i got my visa I have not recevied my unconditional offer yet.
My new employer is saying that start date is definetly 1st Sep but it will take them some time to generate the contract, so i might receive it (pdf copy) by friday after noon or next week.

If i receive it on friday,that's good but the problem is, on friday ,we have business continuty test at company A so i will be working from home so i can not hand in my resignation in person,i have to send an email ,can i do that?

if i do not receive the contract this week what options do i have?
can i extend my start date? or should i resign this week itself,irrespective of receving the contract as i got the new visa already?

Please help me out.

Thanks and regards,

[manci]

@NMohammed
Your immigration status is in order and you can start to work at company B on 1 Sept. You can continue working at company A until 31 August but not beyond.

Only you can judge whether company B is serious in wanting to employ you but the fact that they assigned a CoS to you would point in that direction. Remember that even with an unconditional offer and an employment contract in hand they can still make you redundant, there will no doubt be provisions for this in the employment contract.

I see no reason why you couldn't give notice by email unless there are provisions in your present employment contract that don't allow this. As you are not allowed to work at company A beyond 31 August you might as well give notice on 22 August.

[pkothari]

Hi,

Can anyone advise if the dependents need to re-apply for a new visa if the main applicants changes jobs with different sponsors and makes a fresh application.

Regards,
Pari

[Frontier Mole]

Para 30 of UKVI PBS (Dependent) Policy Guidance sorry can't paste the link.
The dependants first grant of leave will be in line with the main applicants leave. That leave continues until it expires unless the main applicants leave is curtailed.
There is no requirement to reapply for dependent leave because there has been a change of employer.
The dependent visa is not linked to Sponsor only the main applicant is.

[manci]

There is no requirement to reapply for dependent leave because there has been a change of employer.
The dependent visa is not linked to Sponsor only the main applicant is.

Is this specifically spelt out in any UKVI document? If the dependant travelled would there be no problem on returning to the UK because the main applicant's CoS number changed?

[Frontier Mole]

Manci
It is trying to verify the negative as there is nothing in the policy or guidance to state that a change of tier2 employer requires tier 2 dependants to renew their tier 2 dependent visas.
Given the interdependence between sponsorship and the lead applicant there is an obvious need to change the visa when you change employer. Dependents are reliant on the main applicant not the employer. The caseworker process maps for dependent consideration makes no mention of the main applicants Sponsor or even Sponsor status. As long as the main applicant holds a Tier2 visa that box is ticked. Even if the Sponsor was subject to suspension or B rating.

[pkothari]

Hi Frontier,

Thanks for your feedback.
This is true as there is no COS mentioned in the dependent's visa page as well.
It just says dependent on main applicant name in there.
We tried getting in touch with few representatives in the home office and they were confused as well.
The only thing we are concerned about is, not being stopped while immigration in any of the countries as they say the dependent visa is now expired or invalid.

Regards,
Parinita

[manci]

if your new leave is valid longer than the old leave was then your dependants will have to extend their leaves sooner or later anyway. If you have concerns about travel why not extend now?

Frontier Mole is right, there is no explicit reference to this issue in any guidance, the only oblique reference seems to be immigration rule 319C(e):

The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

[sriiiiii]

Hi All,

I got my new biometric card that states valid from 10 oct 2014 to 10 nov 2017. My future employer provided COS letter for that on that they mentioned my joining date is 10th Nov 2014 but I asked them to changed it to 17th NOV 2014 but they didn't changed. But they told me that joining date is 17th NOV so i have given notice in my current company until NOV 14th.

But today that new company manager highlighted that if I work in current company after 10th NOV 2014 that i break the visa rules and illegally working. I don't know what to do please suggest me.


Many Thanks

[manci]

Hi All,

I got my new biometric card that states valid from 10 oct 2014 to 10 nov 2017. My future employer provided COS letter for that on that they mentioned my joining date is 10th Nov 2014 but I asked them to changed it to 17th NOV 2014 but they didn't changed. But they told me that joining date is 17th NOV so i have given notice in my current company until NOV 14th.

But today that new company manager highlighted that if I work in current company after 10th NOV 2014 that i break the visa rules and illegally working. I don't know what to do please suggest me.
the new company manager is right, your cannot work in your present job, and your current employer is not allowed to let you, beyond 9 Nov. .

Many Thanks

[Raj5]

if your visa is curtailed you will be an overstayer beyond the curtailment date if you stay in the UK. You are not allowed to work but you can apply in-country for a new T2G leave within 28 days of the curtailment date, provided you are otherwise eligible, because overstaying up to 28 days is disregarded. However, if your application is refused you will not be given the right to appeal.

Can a new COS could be issued by the prospective before the current COS from the present employer is cancelled?

[Frontier Mole]

There is not an issue with getting a new COS from your prospective employer. The quicker you apply the better if you have a final date of employment.

[vrusti]

Hi

I am planning to change my sponsorship with another employer.

May I know how my my previous sponsor will get know about my new sponsor. I don't want to let him know until I will get my visa with new sponsor.

[kennyola7]

Letter from UKVI.........................

Dear Madam,


Thank you for your email correspondence of 29 May.

If a Tier 2 migrant changes their leave in anyway, their dependants should also amend their leave to be brought in line. This is because a dependants leave is always granted on the basis of the relevant Migrants situation. Once a new application is made, expiry dates are almost always different to their previous grant of leave.

If the dependant does not apply and continues on their current PBS dependant leave and UKVI become aware that the main Tier 2 migrant is no longer working for the ‘old’ employer, any leave issued to the dependant(s) would possibly be curtailed. This could lead to being in the UK without valid leave and also could lead to the dependant being refused entry to the UK if they were to travel.

I hope this information is helpful.


Yours faithfully,


Liz Smith
UK Visas & Immigration

[manci]

Letter from UKVI.........................

Dear Madam,


Thank you for your email correspondence of 29 May.

If a Tier 2 migrant changes their leave in anyway, their dependants should also amend their leave to be brought in line. This is because a dependants leave is always granted on the basis of the relevant Migrants situation. Once a new application is made, expiry dates are almost always different to their previous grant of leave.

If the dependant does not apply and continues on their current PBS dependant leave and UKVI become aware that the main Tier 2 migrant is no longer working for the ‘old’ employer, any leave issued to the dependant(s) would possibly be curtailed. This could lead to being in the UK without valid leave and also could lead to the dependant being refused entry to the UK if they were to travel.

I hope this information is helpful.


Yours faithfully,


Liz Smith
UK Visas & Immigration

could you please provide the address this email or letter came from

[nasmc92]

I have an extension next year and I am on Tier 2- SOC 2124. on extension my minimum salary should be 31300 pounds. My employer is not ready to pay me this salary at this stage. he asked me to change you SOC when you aspply for extension. Now i am really confuse. I have few question please can some one reply
1. Can i change to new SOC. as there will be vacancy next year and he dont have to advertise it because I have done graduation from UK and employer will be exempt from doing that
2. as i am chaging job for the same employer but SOC will be changed. so will i be applying as a new Tier 2 application or will it be an extension (like i have to use extension form or new tier 2 form as a fresh appplicant)
3. as we can only get tier 2 for minimum for 6 years. so can it be combination of different SOC's ot it has to be under one SOC when i apply for ILR after 5 years
4. my current salary is 24200 pounds. when i apply extrension under 2124 it has to be 31300 pounds. but as I will change job in same company and SOC will be changed. he is happy to pay me 28000 which is lower than the code 2124 extension pay but alot higher than the code in which i will apply. will it be an issue
i am so confused regarding this issue and need some advise.
i am happy to speak to some one mobile
personal message me

[manci]

I have an extension next year and I am on Tier 2- SOC 2124. on extension my minimum salary should be 31300 pounds. My employer is not ready to pay me this salary at this stage. he asked me to change you SOC when you aspply for extension. Now i am really confuse. I have few question please can some one reply
1. Can i change to new SOC. as there will be vacancy next year and he dont have to advertise it because I have done graduation from UK and employer will be exempt from doing that

the choice of SOC code is not yours. The company has to decide it and it must match the job description. The company is responsible to the HO for their choice and if during an inspection the HO find that there is a mismatch their sponsor licence may be in jeopardy.

2. as i am chaging job for the same employer but SOC will be changed. so will i be applying as a new Tier 2 application or will it be an extension (like i have to use extension form or new tier 2 form as a fresh appplicant)
3. as we can only get tier 2 for minimum for 6 years. so can it be combination of different SOC's ot it has to be under one SOC when i apply for ILR after 5 years
4. my current salary is 24200 pounds. when i apply extrension under 2124 it has to be 31300 pounds. but as I will change job in same company and SOC will be changed. he is happy to pay me 28000 which is lower than the code 2124 extension pay but alot higher than the code in which i will apply. will it be an issue
i am so confused regarding this issue and need some advise.
i am happy to speak to some one mobile
personal message me

[Pavkum]

Hi Ukbagod,

Hope you're well!!

I've following situation and queries on my visa and require your help for the answers. Really appreciate your help.

Situation:

I'm on Tier 2 General sponsored work visa by Employer 01 which expires on 15/02/2017. Got an new offer from Employer 02 with the joining date as 10/03/2017 and with sponsorship offered..

Queries:

1. What is the earliest date that Employer 02 can apply the visa extension for me - Should it be before 28 days or before 3 months of visa expiry date or joining date? The application for extension will be submitted within UK only.

If answer to above is 28 days then following are the queries:

a. Consider visa submitted on 01/02 via Priority service and say we get the visa on 10/02, what will be valid visa start date (legal to stay in UK) - is it 10/02: visa decision date or 10/03: Joining date?
b. Say 10/02, then won't be a problem if I stay in UK without work from 10/02 to 10/03?
c. Say 10/03, then I will be in UK without visa for 1 month from 10/02 to 10/03. Is it not a problem?

If answer to above is 3 months then following are the queries:

d. Consider visa submitted on 01/01 via Priority service and say we get the visa on 10/01, what will be valid visa start date (legal to stay in UK) - 10/01: visa decision date or 10/03: Joining date?
e. Say 10/01, then won't be a problem if I stay in UK without work for 2 months from 10/01 to 10/03? Will this be considered as Absence from UK? WIll be a problem while ILR?
f. Say 10/03, then I will be in UK without visa for 2 months from 10/01 to 10/03. Is it not a problem?

2. I've seen mixed answers on working for old employer after new visa stamped. What is the correct answer?
Can we work for old employer (till its visa expiry date, in my case 15/02/2017) until start date of new employer (in my case 09/03/2017) after receiving new visa?

Please help me as this is very urgent.

Many thanks.

[CR001]

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