Length of time between employers?

[Anss]

Hello - I am on my second Tier 2 Skilled Migrant visa with a second company. My first was from Sept '13 - April '16, and with my new employer they secured it from May '16 and it's active now for 3 years. I would like to leave this company and find new employment, but I'm not clear on how long I will have to find another employer who will then start the application process. I am concerned with the time for the resident labour market test, then the application process until it's approved and granted. Thank you!

[CR001]

If you leave your currently employer, they have an obligation to inform HO that you have left and that they are no longer your sponsor. HO will curtail your visa. Once you get the curtailment letter, you have 60 days.

Suggest find another job before resigning from the existing one.

You will have to pay the full immigration health surcharge again for any new application you make.

[eduleal]

The timeline will also depend almost entirely on the new sponsor - are they already licenced, have they done a RLMT for the position, do they have Unrestricted CoS ready to be assigned etc.

I recently went through this and it took around 3 months from last interview to getting the new visa approved (premium service), which I think is relatively fast, however it could take much longer.

Therefore, as advised above, you should not resign until you have a position secured.
Being 'in between jobs', on sabbatical job-seeking mode, is not a reality if you're in the country with a work visa.

[Anss]

Thanks very much for your replies.
To clarify, upon receipt of the curtailment letter I have 60 days to have the new sponsorship application, and the granting of it, complete?
What if the company is in the application process - is there potential to send anything to the HO for an extension etc?
And what would happen if the visa was not granted, I have to leave and then can apply for new jobs and sponsorship from outside of the US, right-away?
Thank you!

[eduleal]

Hope you mean outside the UK, otherwise we're not on the same page here.

You have 60 days from curtailment letter to submit the application - your stay could then be extended while you wait for a decision on the application. In order to submit you need a valid CoS and (for most cases) that will require a complete RLMT.

Nothing you can do to extend anything before you have a valid CoS from a valid sponsor - although, after a proper RLMT is completed and successful, the company could write to the HO to request a faster processing of a sponsorship licence application or new COS allocation.

If the application is not successful or if you can't apply on time, yes, you do have to leave the UK.

However, it is not that straightforward to come back.
After a Tier 2 visa termination, you would need to go through a 12-month Cooling Off period before you can apply for a new visa.

[Anss]

Thank you all very much!!