Need urgent advice on Tier 2 (General) Extension

[gkong91]

Dear all

I need your help for the following case

I have been on a Tier 2 visa for nearly the past 3 years, looking to apply for ILR in 2 years' time. My current Tier 2 visa is due to expire on 27 September 2016. My current employer is in the process of issuing a certificate of sponsorship to extend my Tier 2 visa.

However, 3 days ago I was offered a new role by a different employer who is willing to sponsor a Tier 2 visa. Nonetheless the new employer will need to do a Resident Market Labor Test before they are able to issue me a Certificate of Sponsorship. I anticipate that if they advertise the position this week, I would only be able to get a CoS from my potential new employer w/c 19 September 2016, which is very close to the expiry date of my current Tier 2 visa. I also need to apply for a new Tier 2 visa using either the 10-day priority postal service or same-day premium service, as I have upcoming travel plans.

Which option would you advise me to pursue?:
1. Continue process of getting CoS from existing employer, submit priority/premium application and then reapply using CoS from new employer after new Tier 2 visa has been granted - I would have to pay twice but might be worthit if this leads to less risk
2. Wait for new employer to issue CoS and apply using new employer CoS. If CoS isn't issued before 1-2 weeks before 27 September, could I still apply within 28-days of expiry of my current visa within breaking my period of continuous leave?. This would however mean that I would have to resign from my current employer, and would be at risk of being without a work permit should the new Tier 2 application be rejected.

A concern with the first option is that the new employer would not be able to grant me a CoS if a CoS is issued by my current employer, as per the following statement in the Sponsorship Guidance:

23.8 Once you have assigned a CoS, it can be used by the migrant you have assigned it to,
to support their application at any time during the 3 month period from the date it was
assigned. During this period a migrant cannot be assigned another CoS by any other
sponsor. If the migrant does not use the CoS within this 3 month period to make an
application, it will expire and will show as ‘expired’ in your SMS account.

Your advice would be genuinely appreciated!

[moonlight55]

Option 1 will be a less risky but will be a hit on your pocket. Once you get your visa using priority service, the CoS will be marked as "Used" in the system. In that case, the new employer should be able to assign a new CoS to you.

Option 2 is a more riskier option. Yes, you can still apply within 28 day period. However, note that if for some reason your visa gets rejected, you stand the risk of being an overstayer. If it's approved, there should not be an issue with your continuity.

[gkong91]

Thanks for your advice moonlight55.