Tier 2 change of employer while wait for curtailment letter

[TRIMINH]

Dear all,
Thank you for reading this topic.
Here is my case:
+ I received a termination letter from my old employer on 08/08/2016.
+ I haven't receive curtailment letter from HO.
+ I haven't change address/phone number.
+ I haven't leave the UK.
+ Now I got a COS from a new employer and prepare to apply to change employer under tier 2.
+ My employer checked my BRP using the gov service at https://check-biometric-residence-permi ... ce.gov.uk/ and received today a certificate confirming my right to work.

My question is:
+ Can I apply for a new Tier 2 visa (change of employer)?
+ Is there anyway to make sure my visa hasn't been curtailed?

Any help would be much appreciated.

[CR001]

You will struggle to get ILR as you have more than 60 days gap in employment.

[TRIMINH]

You will struggle to get ILR as you have more than 60 days gap in employment.

Thank you for your quick reply, CR001.
Apart from that, is there anything else to worry about? Should I just submit the application and see?

[CR001]

If you meet the requirements, gain the points and your new sponsor has completed the full and proper RLMT process, then you can apply and see.

[TRIMINH]

If you meet the requirements, gain the points and your new sponsor has completed the full and proper RLMT process, then you can apply and see.

Thanks again CR001.
My new sponsor finished the RLMT process last week (posting advert for >28 days and did the interviews).
I will apply but I assume there is still a chance my visa got curtailed without me receiving any letter/notice, and I'm overstaying.
If that is the case, what are the consequences, CR001?

[CR001]

You will be an overstayer of more than 14 days (changed in November) and therefore possibly not able to apply for an in country application.

How have you been maintaining yourself since August?

[TRIMINH]

You will be an overstayer of more than 14 days (changed in November) and therefore possibly not able to apply for an in country application.

How have you been maintaining yourself since August?

I'm using my savings and keeping spendings to minimum, my rent is paid by my partner.

[CR001]

Is your partner a dependent on your visa?

[TRIMINH]

Is your partner a dependent on your visa?

My partner has a tier 1 visa, not a dependent on my visa.

[CR001]

You could switch to Tier 1 dependent too if you qualify?

[TRIMINH]

You could switch to Tier 1 dependent too if you qualify?

You're right. Thank you for your suggestion.
I didn't think about that. May I ask in your opinion which option is better?

[CR001]

Unlikely you will qualify for ILR based on Tier 2 as you have been between jobs for too long and there is a cap on the number of years you can be on Tier 2, so that depends on how long you have been on T2G.

Assuming your partner is Tier 1 Ent??? Or Tier 1 General??

Once you switch, you are free to work or not work if you choose. You will need 5 years to qualify for ILR.

[TRIMINH]

Unlikely you will qualify for ILR based on Tier 2 as you have been between jobs for too long and there is a cap on the number of years you can be on Tier 2, so that depends on how long you have been on T2G.

Assuming your partner is Tier 1 Ent??? Or Tier 1 General??

Once you switch, you are free to work or not work if you choose. You will need 5 years to qualify for ILR.

Oh, I see. Thank you very much, CR001. My partner is on Tier1 Entrepreneur.
This would be a much better choice. I will definitely look into this before proceed with my tier 2 application.
I should be able to work for any employer after becoming an independent, is it correct?

[CR001]

How long have you been with your partner and living together?

Yes, you would be free to work for any employer, start a business, contract, etc. The only restriction you would have is you cannot work as a doctor or dentist in training.