Resigning from a Tier 2 Sponsor to join a new company

[ajradrik]

Hello,

I need some advice please.

I am a US citizen currently living in the UK on a Tier 2 General visa sponsored by my current employer. I have 2 more years until I qualify for ILR. I am looking to resign from my current employer to join a company that has just started in the UK and do not have the ability (yet) to sponsor migrant workers. The new company has been advised that it will take approximately 4 months to have the ability to sponsor a tier 2 visa.

A few questions:

1) Does my current Tier 2 visa stay valid throughout my notice period (which is 3 months)?
2) If I resign and wait the 4 months for the new company to be able to sponsor me, does that break the continuity of 5 years in the UK for ILR?
3) One route we are contemplating is for my current employer to second me to the new company (which will be a client of my current employer)... would my tier 2 visa still be in tact during that secondment?

Many thanks

[noajthan]

It sounds like you have been pre-selected by this new company.

Once it becomes licensed how does this new company propose to demonstrate RLMT for the role it appears to have created for you?

[ajradrik]

It sounds like you have been pre-selected by this new company.

Once it becomes licensed how does this new company propose to demonstrate RLMT for the role it appears to have created for you?

they would still need to advertise this, however this is for a highly skilled position

[Frontier Mole]

Regardless of the highly skilled position or not you are still a pre selected candidate. So whatever happens the RLMT will always be deemed a fail.

[paradoxical]

I think you should continue working in the current company and not resign until and unless you get a COS from the new company