TIER 2 SWITCHING SPONSOR

[superda]

Hello,

I was in Employer-1 (Tier 2 general and Visa expiry is 22/JAN/2018) and 2 weeks ago I switched to Employer-2 (new sponsor) and I received my BRP. (End Date 31/DEC/2020) The work start date is 28-December-2017 and I am currently in notice period of Employer-1. My current Employer-1 ready to extend my Tier 2 General and ready offer mew new role. Can you please guide me what is the option available?

1. Whether I can extend a visa to my current employer?
2. Or Whether I can cancel the new sponsor COS?
3. Or is there any alternative?

Please guide me.

Thanks

[Djsuccess]

Hello,

I was in Employer-1 (Tier 2 general and Visa expiry is 22/JAN/2018) and 2 weeks ago I switched to Employer-2 (new sponsor) and I received my BRP. (End Date 31/DEC/2020) The work start date is 28-December-2017 and I am currently in notice period of Employer-1. My current Employer-1 ready to extend my Tier 2 General and ready offer mew new role. Can you please guide me what is the option available?

1. Whether I can extend a visa to my current employer?
2. Or Whether I can cancel the new sponsor COS?
3. Or is there any alternative?

Please guide me.

Thanks

1. In case yo don't know, Employer 2 is your current sponsor as far as your immigration status is concerned. Your visa for Employer 1 became invalid the moment your new visa was granted. (you cannot have two valid visas for different employers at the same time)
So you cannot extend a visa that you don't have. The visa that expires on 22/ Jan/ 2018 is no longer valid.
2, if you cancel your new visa, then you will not be able to work any of the two companies.
3. if you want to take up a new role at your employer 1. They will need to do the proper RLMT and follow other rules. it is no longer an extension. it will be fresh application.

if you are happy with you new job, there is not point taking a counter offer from your old employer. move on.

However, if you want to stay with employer 1, you will need new visa.

Be careful with the way you handle this, as things could go wrong easily.

[superda]

Thanks for response.

My current employer says they will try for extension since my new join date is after my existing visa expiry date. So there is chance that may get accepted. But i am hesitant to do. Please guide me whether they are correct?

Thanks

[CR001]

My current employer says they will try for extension since my new join date is after my existing visa expiry date.

No this won't work as you don't hold a visa for your current employer so you cannot apply for an 'extension'. It would have to be a new visa after RLMT.

So there is chance that may get accepted. But i am hesitant to do. Please guide me whether they are correct?

It won't be, you have already appiled and received another visa for another sponsor. Your old visa is irrelevant now.