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Changing sponsor Tier 2

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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silviecr
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Joined: Fri Apr 13, 2018 8:42 pm
Costa Rica

Changing sponsor Tier 2

Post by silviecr » Fri Apr 13, 2018 8:48 pm

Hello,

I hold a Tier 2 visa valid until 2020.

I have been living in the US for 9 months now.

I have been offered a job in the UK with another company and at the moment they are not willing to carry forward the application beacuse they argue that the process for changing sponsorship under my conditions are close to impossible.

Could you please explain to me the current process they as sponsor of my visa would have to follow? Maybe they don't have it clear.

Many thanks,

Silvia

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

Re: Changing sponsor Tier 2

Post by Djsuccess » Sun Apr 15, 2018 9:20 am

silviecr wrote:
Fri Apr 13, 2018 8:48 pm
Hello,

I hold a Tier 2 visa valid until 2020.

I have been living in the US for 9 months now.

I have been offered a job in the UK with another company and at the moment they are not willing to carry forward the application beacuse they argue that the process for changing sponsorship under my conditions are close to impossible.

Could you please explain to me the current process they as sponsor of my visa would have to follow? Maybe they don't have it clear.

Many thanks,

Silvia
How did you get your Tier 2 and why are you living in the US?
Are you still working for a UK company?
Are you earning and paying your taxes in the UK?

You might want to give more background information about your timelines and why you are in the US for 9 months.
You cannot hold a tier 2 visa and be living in the US for the past 9 months, as that means you have spent more than 180 days outside the UK in a calendar year and probably not working in the UK.

You need to provide more information on your current condition so that you can get the right advice.
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.

silviecr
Newly Registered
Posts: 4
Joined: Fri Apr 13, 2018 8:42 pm
Costa Rica

Re: Changing sponsor Tier 2

Post by silviecr » Mon Apr 16, 2018 5:04 pm

Hi,

You are right, I didn't give all the information needed to understand my situation. Apologies.

I worked for 4 years in a UK company that has an office in the US. I was offered a job in the US and I accpepted. Because of a delay in my US visa they renewed my UK visa months before I left for the US.

So, I have been in the US working for the same company which headquarters are in the UK, but been paid and paying taxes in the US.


The job I have been offered is in the UK with another company. They do have the license to sponsor visas.

I studied for 3 years in the UK as well, so I lived in the UK 7 years in total.

I would like to know the options this new company has regarding sponsoring my visa. How complex has it become after Brexit?

I would like to think that the 7 years record that I have in the UK helps making the process smoother and viable... ???

Thanks in advance for any help you can provide!

Silvia

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CR001
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Re: Changing sponsor Tier 2

Post by CR001 » Mon Apr 16, 2018 5:16 pm

Your UK sponsor would have had an obligation as part of their sponsorship duties to inform HO that you have left their employment within 10 days of your last day. This will trigger a curtailment/cancellation of your visa.
How complex has it become after Brexit?

Brexit does not affect the UK Immigration route visas. It affects EU citizens and their automatic rights of free movement.
I would like to think that the 7 years record that I have in the UK helps making the process smoother and viable... ???
No it doesn't. You start again from scratch having to meet all the requirements as others looking for sponsorship.

You will also likely be subject to the 12 month cooling off period, counted from the date you left the UK, before you can apply again for a Tier 2 General visa (unless being offered a salary of in excess of £159,600pa).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

silviecr
Newly Registered
Posts: 4
Joined: Fri Apr 13, 2018 8:42 pm
Costa Rica

Re: Changing sponsor Tier 2

Post by silviecr » Tue Apr 17, 2018 3:01 pm

Hi,

Thank you very much!!!

Your answer was exactly what I was looking for, really appreciate it!

If it is not too much to ask, could you summarise the steps that should be follow when applying for a General Tier 2 visa? Assuming I have an offer after the cooling period and I am still outside the UK, what are the steps to follow by the sponsor and be me?

Many thanks,

Silvia

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CR001
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Re: Changing sponsor Tier 2

Post by CR001 » Tue Apr 17, 2018 3:08 pm

All the same process and steps and when you originally applied for a Tier 2 visa (RLMT for 28 days, RCoS, apply for visa and pay visa fees and IHS fees, maintenance etc).

https://www.gov.uk/tier-2-general
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

silviecr
Newly Registered
Posts: 4
Joined: Fri Apr 13, 2018 8:42 pm
Costa Rica

Re: Changing sponsor Tier 2

Post by silviecr » Wed Apr 18, 2018 8:50 pm

Thank you very much!

Great information and very clear!

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