Tier 2 – Change of Employment but want to remain with curren

[humdard12]

Hello,

I currently work for Company X and I secured a new job in Company Y earlier this year. After completing LMT and issuing me with a CoS, I got Tier 2 visa to work with Company Y. I then resigned from Company X but I have to serve 3 month notice period which is going to complete by the end of July. I have a biometric card allowing me to work for Company Y with their CoS number. Since I resigned from Company X, they have been pursuing me to stay with them. They created a new position, completed the recruitment process and offered me the position.

My questions are:
1- Since I haven’t joined Company Y yet, do I still need to apply for a new Tier 2 application? If Yes, would it be ‘Change of Employment’?
2- Can I apply for a new Tier 2 Change of Employment visa application in less than 4 month when I got visa to work with Company Y?
3- Does Company X still need to carry out LMT? I haven’t left them yet and I’m currently working for them?

Many thanks for your advice and time.

[humdard12]

any advice please?

[bholo]

Hello,

I currently work for Company X and I secured a new job in Company Y earlier this year. After completing LMT and issuing me with a CoS, I got Tier 2 visa to work with Company Y. I then resigned from Company X but I have to serve 3 month notice period which is going to complete by the end of July. I have a biometric card allowing me to work for Company Y with their CoS number. Since I resigned from Company X, they have been pursuing me to stay with them. They created a new position, completed the recruitment process and offered me the position.

My questions are:
1- Since I haven’t joined Company Y yet, do I still need to apply for a new Tier 2 application? If Yes, would it be ‘Change of Employment’? You need to find out if this new position in Company X is at same SOC Code or not. If it is having same SOC Code or SOC Code change because of reclassificaiton you do not need change of employment else you do
2- Can I apply for a new Tier 2 Change of Employment visa application in less than 4 month when I got visa to work with Company Y? I will suggest you explain this to company Y. they should cancel their COS or at minimum give you letter. Then if you apply for Change of employment you can explain your circumstance quoting old job at company x, new job at company y which you have turned down and new job at company x which you are planning to availa.
3- Does Company X still need to carry out LMT? I haven’t left them yet and I’m currently working for them? It depends whether it is a change of employment or not but if it is they do need to carry out LMT if you take the new position. If you stick on old one then it is not needed.

Many thanks for your advice and time.

[humdard12]

Many thanks bholo for your advice,

My biometric card with CoS number issued by Company X was retained by the Home Office, as they have issued me a new biometric card with CoS number issued by Company Y. If I stay at Company X, I still need to make a new visa application to get the new biometric card having Company Y details. Am I right?

[bholo]

Has your SOC Code changed?