A second opportunity in the UK

[Jethro22]

Hello everyone.

I tried digging into various forums, but I was not able to find one that is similar to my situation, which I have described below.

(1) I started working for a UK employer with a Certificate of Sponsorship attached to my Tier 2 visa. The Tier 2 visa was effective from November 2014 up to December 2017.
(2) I decided to resign from my job in June 2015 and went back to my home country in July 2015.
(3) There is now a second opportunity to work in the UK after I accepted an offer of employment early in October 2016. Immigration processes have not yet commenced though.

Based on the above situation, my concerns and questions are as follows:

(1) I am not sure if my first Certificate of Sponsorship and Tier 2 visa were cancelled. Other than asking my previous UK employer, is there any way that I can check if the cancellation was actually made?
(2) If such were INDEED cancelled, I would expect that my new UK employer can simply secure a new Certificate of Sponsorship and I can apply for a new Tier 2 visa as usual. Any thoughts?
(3) If such were NOT cancelled, what are the potential implications in terms of obtaining a new Certificate of Sponsorship and applying for a new Tier 2 visa?

I really look forward to hearing from you guys, and hopefully my concerns and questions could be clarified sooner rather than later. Thanking you all in advance.

Jethro

[CR001]

(1) I am not sure if my first Certificate of Sponsorship and Tier 2 visa were cancelled. Other than asking my previous UK employer, is there any way that I can check if the cancellation was actually made?

Your previous employer has/had an obligation to inform HO that you are no longer employed and therefore no longer sponsored. There is nothing you need to do.

(2) If such were INDEED cancelled, I would expect that my new UK employer can simply secure a new Certificate of Sponsorship and I can apply for a new Tier 2 visa as usual. Any thoughts?

Correct

(3) If such were NOT cancelled, what are the potential implications in terms of obtaining a new Certificate of Sponsorship and applying for a new Tier 2 visa?

Not an issue as you should therefore have proof of resignation and leaving the UK and 12 month cooling off period has passed.

[iworker]

Besides that the clause which says that one person cant have more than 1 cos issued to him at one time, is referring to someone else..
Once the application is decided in approval /rejection, the cos is 'used'. It changes its status from assigned.
So your previous employer cos, whether cancelled or not, will have no impact on your future applications.

[Jethro22]

(1) I am not sure if my first Certificate of Sponsorship and Tier 2 visa were cancelled. Other than asking my previous UK employer, is there any way that I can check if the cancellation was actually made?

Your previous employer has/had an obligation to inform HO that you are no longer employed and therefore no longer sponsored. There is nothing you need to do.

(2) If such were INDEED cancelled, I would expect that my new UK employer can simply secure a new Certificate of Sponsorship and I can apply for a new Tier 2 visa as usual. Any thoughts?

Correct

(3) If such were NOT cancelled, what are the potential implications in terms of obtaining a new Certificate of Sponsorship and applying for a new Tier 2 visa?

Not an issue as you should therefore have proof of resignation and leaving the UK and 12 month cooling off period has passed.

Very much appreciated, CR001.

[Jethro22]

Besides that the clause which says that one person cant have more than 1 cos issued to him at one time, is referring to someone else..

Thanks for your response, iworker.

I would be grateful if you could clarify the point that such clause is "referring to someone else". The idea is, if my first CoS with the previous employer was not cancelled and I was issued with a new one from my new employer, would that make me the person with two CoS?

[CR001]

Besides that the clause which says that one person cant have more than 1 cos issued to him at one time, is referring to someone else..

Thanks for your response, iworker.

I would be grateful if you could clarify the point that such clause is "referring to someone else". The idea is, if my first CoS with the previous employer was not cancelled and I was issued with a new one from my new employer, would that make me the person with two CoS?

What iworker is saying that as soon as the CoS is assigned, it is no longer 'active'. It is your VISA that would have been active while you were working not the CoS.

Your employer would have notified HO and your actual visa would have been cancelled. It has nothing to do with CoS you were assigned when you applied for your previous Tier 2.

[Jethro22]

Thanks very much for the clarification, CR001.

[iworker]

Sorry meant to say, something else.. not someone.

[Jethro22]

Not an issue as you should therefore have proof of resignation and leaving the UK and 12 month cooling off period has passed.

After having some further thoughts about the cooling off period, I realised that I actually visited the UK within 12 months from when I left. However, those visits were made under a Standard Visitor Visa (definitely not under Tier 2). Is my understanding correct that for my new Tier 2 visa application, there shouldn't be any issue on the cooling off period because it has already lapsed and my visits in the UK during such period were under a Standard Visitor Visa?

[Jethro22]

Hi again.

I have now checked with the previous UK employer and it looks like they have not made an SMS notification following my resignation. This is consistent with the fact that I have not received a curtailemnt letter from the HO. As such, would there be an issue around the "cooling off" period on the basis that HO may not be aware that I even left the UK?

Thanking you all in advance for your thoughts.

[CR001]

Should not be an issues if you have proof you left the UK.

Your employer is putting their license at risk by not following what their obligations are.