Tier 2 - General visa, Change of employer

[Ivanedwin]

Hi,
My company has gone under administration and I believe that I have 60 days time period to find a new job.

My questions are,
1) is it possible for me to find NEW job on Tier 2 general visa again without going back to my host country ?
2) How long will it take to get the approval for my employer's COS from home office ?
3) Is it required for my new employer to advertise the job prior to apply for COS (This is because I am already in UK on tier 2 general visa) ?
4) is it possible to transfer the monies I have paid for tier 2 visa which was sponsored by my old company to get new Tier 2 gen visa as well as for NHS (I have still got 20 months visa period) ?
5) is it possible to switch my partner's dependent visa on the same basis you are going to explain for above question ?
6) Is it possible to get back national insurance and pension which I paid in case if I could not find new job ?

anticipating prompt answers please.

Thanks.

[CR001]

1. Yes

2. Depends on the sponsor and if they have CoS allocation or if they are prepared to pay priority.

3. Yes. Makes no difference that you are already in the UK, the same rules apply.

4. No. You have to pay the new visa fee and the new IHS fee.

5. Do you mean 'dependent visa' to 'dependent visa' or do you mean 'dependent visa' to Tier 2 main visa holder???

6. Not sure, very limited circumstances that you can.

[Ivanedwin]

Is it required for my new employer to advertise the job prior to apply for COS (This is because I am already in UK on tier 2 general visa) ?
3. Yes. Makes no difference that you are already in the UK, the same rules apply.


Do you mean the company has to prove to home office that they didn't find the employee who is resident of UK by advertising job for 28 days ?

My Partner is on Tier 2 dependent visa offered by my last company ('dependent visa' to Tier 2 main visa holder)
Could you please tell me,

9) is it possible to transfer her visa (which was tier 2 dependent offered by my old company) to my new tier 2 COS ? or do I need to apply new visa under my new tier 2 COS ?

10) is it possible for my new employer to employ me under the "shortage of Occupation list" without any advertisement ? (Assuming my job comes under shortage of occupation list)
I am afraid, it takes 28 days to advertise and prove the home office by then I might lose 60 days grace period to find the new job.

[CR001]

Is it required for my new employer to advertise the job prior to apply for COS (This is because I am already in UK on tier 2 general visa) ?
3. Yes. Makes no difference that you are already in the UK, the same rules apply.


Do you mean the company has to prove to home office that they didn't find the employee who is resident of UK by advertising job for 28 days ?

If you are changing employers, the RLMT has to be done for the required time on the appropriate websites. Why do you think this might not apply to you??

My Partner is on Tier 2 dependent visa offered by my last company ('dependent visa' to Tier 2 main visa holder)

Your partner is dependent on YOU and not your sponsor.

Could you please tell me,

9) is it possible to transfer her visa (which was tier 2 dependent offered by my old company) to my new tier 2 COS ? or do I need to apply new visa under my new tier 2 COS ?

Your question is still not clear. If your partner remains as your dependent, then no, they do not have to apply for a new visa with you if they still have visa validity. If their visa is expiring soon, then they should apply with you.

10) is it possible for my new employer to employ me under the "shortage of Occupation list" without any advertisement ? (Assuming my job comes under shortage of occupation list)

What is your SOC code now and what is the new employer proposing as the SOC??

I am afraid, it takes 28 days to advertise and prove the home office by then I might lose 60 days grace period to find the new job.

Have you left your current employment/sponsor??

[Ivanedwin]

If you are changing employers, the RLMT has to be done for the required time on the appropriate websites. Why do you think this might not apply to you??

I am thinking this may not apply in my case because of my last company, I have gone through the process of employer's advertisement, proving home office that they didn't find suitable employee etc.

What is your SOC code now and what is the new employer proposing as the SOC??
It is the same.

Have you left your current employment/sponsor??
My current company is under administration and they made redundant to most of the employees but they retained me and some of them. Maybe they have plans to start new company and employ us in that. But I am concerned about the time period which they may take to apply A grade sponsorship license and then apply 28 days advertisement. because of that I am concerned in the end I will be jobless if they take more than 60 days in total.

[CR001]

If you are changing employers, the RLMT has to be done for the required time on the appropriate websites. Why do you think this might not apply to you??
I am thinking this may not apply in my case because of my last company, I have gone through the process of employer's advertisement, proving home office that they didn't find suitable employee etc.

You are 'thinking' wrong. RLMT is required when you change sponsors and your new sponsor has to prove the same again to HO.

What is your SOC code now and what is the new employer proposing as the SOC??
It is the same.

So what is the SOC or is it a secret???

Have you left your current employment/sponsor??
My current company is under administration and they made redundant to most of the employees but they retained me and some of them. Maybe they have plans to start new company and employ us in that. But I am concerned about the time period which they may take to apply A grade sponsorship license and then apply 28 days advertisement. because of that I am concerned in the end I will be jobless if they take more than 60 days in total.

If you are still employed, then which 60 days exactly are you concerned about?

[Ivanedwin]

You are 'thinking' wrong. RLMT is required when you change sponsors and your new sponsor has to prove the same again to HO.
I understand now, Thanks.

So what is the SOC or is it a secret???
2121 civil engineers

If you are still employed, then which 60 days exactly are you concerned about?
I am employed under administrators. I said before my company under administration (closed/dissolved).
they retained me but administrators are not sure when they will make us redundant.
So I have decided to look for new job.

[CR001]

So what is the SOC or is it a secret???
2121 civil engineers

Not sure under which job title you come though as only certain ones are on the Shortage Occupation list Appendix K (click), which would exempt you from RLMT. But if your job title is on Appendix J (click), then RLMT will be required.

If you are still employed, then which 60 days exactly are you concerned about?
I am employed under administrators. I said before my company under administration (closed/dissolved).
they retained me but administrators are not sure when they will make us redundant.
So I have decided to look for new job.

There are two separate 60 days issues, which is why I asked what exactly you were referring to.

The two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

[Ivanedwin]

Not sure under which job title you come though as only certain ones are on the Shortage Occupation list Appendix K (click), which would exempt you from RLMT. But if your job title is on Appendix J (click), then RLMT will be required.

I understand my job comes under Appendix J. because they did the market test for the first time when they applied for my COS.


As of now, we have been informed by the joint administrators that,
If the sponsored employees employment contracts are transferred via TUPE, the new company will not need to re-advertise / do the market test, but will need to apply for a new sponsorship licence
and my employer has decided to go for TUPE.

Could you please share your views on this ?
Also could you tell me how long does it take to apply for a new sponsorship licence.

Thanks.