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Tier 2 change of sponsor and redundancy

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

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anan_88
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Posts: 20
Joined: Mon Feb 22, 2016 12:12 pm

Tier 2 change of sponsor and redundancy

Post by anan_88 » Thu Apr 12, 2018 9:48 pm

Hi,

I have a few questions that might not have been answered previously.

1. I am currently changing my sponsor for Tier 2. The new application was submitted by new sponsor on 9 March 2018 through the normal route (that takes 8 weeks). My current contract with current employer ended on 31 March 2018. The current employer made me redundant on 11 April 2018. Will I receive a curtailment notice from the Home Office? I have read that the Home Office will check if there is a new application with a new sponsor and won't take any action until a decision is made on the new application. Is this correct?

2. If the new sponsor's application is rejected, can I continue and find a new sponsor (within the allocated curtailment period)?

3. Can the current sponsor reverse my redundancy before the Home Office curtails my visa? In other words is the redundancy reversible? I know for sure that curtailment is irreversible.

4. I have a dependant - who does not need to apply for PBS leave again. However, should the new sponsor mention the dependant to the Home Office? I read a thread [uk-tier-2-employer-sponsored-visas/when ... 98586.html] that made me ask this question. I am assuming the Home Office should know about my dependant since the PBS dependant status is attached to my Tier 2 status.

Thanks.

anan_88
Newly Registered
Posts: 20
Joined: Mon Feb 22, 2016 12:12 pm

Re: Tier 2 change of sponsor and redundancy

Post by anan_88 » Fri Apr 13, 2018 11:37 pm

I would really appreciate if someone could answer the questions. I've asked a solicitor and they seem to indicate that redundancy is reversible.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier 2 change of sponsor and redundancy

Post by Djsuccess » Sun Apr 15, 2018 9:10 am

anan_88 wrote:
Thu Apr 12, 2018 9:48 pm
Hi,

I have a few questions that might not have been answered previously.

1. I am currently changing my sponsor for Tier 2. The new application was submitted by new sponsor on 9 March 2018 through the normal route (that takes 8 weeks). My current contract with current employer ended on 31 March 2018. The current employer made me redundant on 11 April 2018. Will I receive a curtailment notice from the Home Office? I have read that the Home Office will check if there is a new application with a new sponsor and won't take any action until a decision is made on the new application. Is this correct?
you have an active application, so no need to worry about the redundancy and any curtailment letter. Provided your new sponsor carried out the proper RLMT and you are offered the appropriate salary in addition to meeting all the requirements, your application should be succesful
2. If the new sponsor's application is rejected, can I continue and find a new sponsor (within the allocated curtailment period)?
if the application is rejected, you have the chance to submit another application within your curtailment period. You might not even receive a curtailment letter as they do take some time to be issued

3. Can the current sponsor reverse my redundancy before the Home Office curtails my visa? In other words is the redundancy reversible? I know for sure that curtailment is irreversible.
Redundancy is reversible, provided they have not informed the UKVI and your visa has not been cancelled. Redundancy is not an immigration issue, it only becomes an immigration issue when your sponsor notifies UKVI to curtail your visa


4. I have a dependant - who does not need to apply for PBS leave again. However, should the new sponsor mention the dependant to the Home Office? I read a thread [uk-tier-2-employer-sponsored-visas/when ... 98586.html] that made me ask this question. I am assuming the Home Office should know about my dependant since the PBS dependant status is attached to my Tier 2 status.
if your application is successful, your dependant should be fine with their current visa, but if your visa is curtailed, then your dependant might need to submit a new application with you.
Thanks.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

anan_88
Newly Registered
Posts: 20
Joined: Mon Feb 22, 2016 12:12 pm

Re: Tier 2 change of sponsor and redundancy

Post by anan_88 » Mon Apr 16, 2018 10:13 am

Thanks Djsuccess!

silverocks
Member
Posts: 116
Joined: Mon Apr 04, 2016 12:37 am
Bangladesh

Re: Tier 2 change of sponsor and redundancy

Post by silverocks » Tue Apr 17, 2018 3:51 pm

Hi

I would like to take the last point of Djsuccess.... If the main applicant got the tier 2 visa within the curtailment period even after getting the curtail letter does the dependent still needs to apply with main applicant?
Please correct me if I wrong, if the main applicant get a new T2G visa in any given reason dependent doesn't have to apply again if he/she has the visa for next few years, isn't that the case here? Thanks

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