Complex Tier 2 visa transfer

[UKuser4]

Hi All,

I am currently in the process of swapping my Tier 2 (General) visa over to a new employer. There have been several delays with the new company, which has now made the process more complex by the fact that my visa now expires in 3 weeks. Given that my notice period is 4 weeks, it means that I will need to stay at my current employer past my visa expiry date.

The new company's lawyer has said that this is fine as long as I have the new visa before my current one expires, however they cannot guarantee this. Hence they have recommended that i also extend my current visa, and then as soon as I have the new CoS I would have to withdraw my application with my current job. Is this correct? This really is not ideal as it is dishonest to my current company and also when an application is withdrawn there is no refund.

I was wondering if I could quit now, serve out my 4 weeks, which would run me past my current visa end date (but be within the grace period of 28 days that I have heard about), and then obtain the new CoS/visa whenever it comes in (which should almost certainly be within the grace period and hence I would not be in the Uk illegally)?

I would really appreciate your assistance here.

Cheers!

[iworker]

You should be very careful before you take any misguided or miscalculated step, even if that is suggested by these stupid lawyers.

1. First, you should never resign, till you have got approval for next visa. Your change of employment visa can be refused for various reasons outside your control, and in instances, outside employer's control too due to negligence. Examples are rlmt not properly done. even a missing date on adds can jeopardize your application.

2. If your future employer can have a cos for u, and u miss your chance to extend with current employer, you will be left without a visa, and if u leave the country, u cant come back for a year without serving cooling off period.

3. I suspect, the new employer is struggling with getting cos allocation. I would pressurize them to get on the phone to UKVI daily to get this processed asap.

4 u need to be mindful that at one time, u cant have 2 cos. If you current employer does have cos allocation, then i would wait till 1 week before the end of your visa, to ask them to issue the new one and then apply for extension with current employer.

5. Notice period and visas are 2 different things. Employment laws and immigration laws dont go together.

[HR26]

Dear Ukuser4 , Please advise how did you manage the complete move then ? I know this post is from past so I am assuming you managed to get through that complex company transfer without seeing any hard circumstances.
All your time is highly appreciated.

Kind regards,

[CR001]

Dear Ukuser4 , Please advise how did you manage the complete move then ? I know this post is from past so I am assuming you managed to get through that complex company transfer without seeing any hard circumstances.
All your time is highly appreciated.

Kind regards,

User Ukuser 4 only posted his question 3 days ago, unlikely there is any update

[UKuser4]

Hi All,

Thanks for your interest. I do have an update here:

- My new job believes that they can get the CoS by the end of this week; i.e.well before my expiry date on my current visa.

- My current employer has not yet generated a new CoS (but the process has started internally) as I am stalling as much as possible to see if the CoS from the new employer will come in.

- I need to speak to the lawyer this week, but I have a feeling that they cannot make the start date of the new CoS for a month from now (which would allow me to serve my notice), as they I would be without a valid visa for approx. 2 weeks (as it expires in approx 2 weeks). Hence I have a feeling that I will not be able to legally serve out my notice period. What ramifications this will have with my current employer I don't know, but I don't envisage that they will be happy.

Will keep you updated.

Cheers.