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changing sponsors plus a few other issues

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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lolozinha01
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Joined: Tue Dec 20, 2016 1:19 pm

changing sponsors plus a few other issues

Post by lolozinha01 » Tue Dec 20, 2016 1:29 pm

I have a visa valid until the 14.03.2017 attached to a CoS. I have given my notice until 01/01/2017. I was just now accepted to another job that would start on the 01.02.2017. The problem is that the new employer says that I have to be back in the UK before the 01.01.2017 to get my visa renewed, otherwise I will go into the cool-off period. Is there any way around that? Is the visa immediately cancelled after I give notice? ISn't there any time to 'find another job'?

I have another question: Does the cooling off period apply to people under tier 2 spouse visa? My husband left before I finished my work, so his visa expired in August 2016. In case I were able to get my visa, would he be able to as well?

eduleal
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Posts: 181
Joined: Mon Nov 18, 2013 6:07 pm

Re: changing sponsors plus a few other issues

Post by eduleal » Tue Dec 20, 2016 4:12 pm

I have a visa valid until the 14.03.2017 attached to a CoS. I have given my notice until 01/01/2017. I was just now accepted to another job that would start on the 01.02.2017. The problem is that the new employer says that I have to be back in the UK before the 01.01.2017 to get my visa renewed, otherwise I will go into the cool-off period. Is there any way around that? Is the visa immediately cancelled after I give notice? ISn't there any time to 'find another job'?

I have another question: Does the cooling off period apply to people under tier 2 spouse visa? My husband left before I finished my work, so his visa expired in August 2016. In case I were able to get my visa, would he be able to as well?
If you have accepted a new job, if your new employer has successfully completed a RLMT and you have a new Certificate of Sponsorship, you can (and you should) apply for your new visa immediately. The cooling off period only applies if your visa expires and you move back to your home country. You still have valid leave, and it will only expire in March OR 60 days after you get a curtailment letter following your resignation. If you haven't received that yet, there's still time. Next step, get a COS and apply for a visa with the new sponsor from inside the UK.

If you apply for a new visa, your husband can apply for a new one as a dependent. As he's outside the country he will have to do that separately.

lolozinha01
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Posts: 3
Joined: Tue Dec 20, 2016 1:19 pm

Re: changing sponsors plus a few other issues

Post by lolozinha01 » Tue Dec 20, 2016 6:23 pm

eduleal wrote:
I have a visa valid until the 14.03.2017 attached to a CoS. I have given my notice until 01/01/2017. I was just now accepted to another job that would start on the 01.02.2017. The problem is that the new employer says that I have to be back in the UK before the 01.01.2017 to get my visa renewed, otherwise I will go into the cool-off period. Is there any way around that? Is the visa immediately cancelled after I give notice? ISn't there any time to 'find another job'?

I have another question: Does the cooling off period apply to people under tier 2 spouse visa? My husband left before I finished my work, so his visa expired in August 2016. In case I were able to get my visa, would he be able to as well?
If you have accepted a new job, if your new employer has successfully completed a RLMT and you have a new Certificate of Sponsorship, you can (and you should) apply for your new visa immediately. The cooling off period only applies if your visa expires and you move back to your home country. You still have valid leave, and it will only expire in March OR 60 days after you get a curtailment letter following your resignation. If you haven't received that yet, there's still time. Next step, get a COS and apply for a visa with the new sponsor from inside the UK.

If you apply for a new visa, your husband can apply for a new one as a dependent. As he's outside the country he will have to do that separately.
Thank you for your answer! I am in Brazil now, so do you think my visa would still be valid for me to go back before march or the 60 days? I am finding it quite hard to go back in such a short notice, but I am afraid to miss the opportunity.

I have another question, in regards to supporting the family, (husband and child) do I need to earn the 945+630+630 monthly after tax or could I complement with savings?

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CR001
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Re: changing sponsors plus a few other issues

Post by CR001 » Tue Dec 20, 2016 7:16 pm

Your problem is that, as soon as your current employment ceases on 1st Jan, your employer has to inform HO. Curtailment letters are not sent to migrants who have already left the UK. If you do not return before 1st Jan, you will be subject to the 12 month cooling off period. There is no 60 days curtailment period for you unfortunately as you have already left the UK.
Char (CR001 not Casa)
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