Tier 2 change of employer procedure

[sobia1986]

Hi,

Before I mention my query, I think it is useful to provide its background. I studied up to PhD level in the UK for approximately 4.5 years. After which I was recruited for a shortage occupation job by my current sponsor and I have been working with them on Tier 2 visa (General) for more than 3 years. I am now considering to change my job with a different employer and expecting an interview with them in near future for a job which is neither on shortage occupation list nor on PhD Level. It meets the salary criteria as well as completes the residence labour market test. In addition, if I qualify then this job would take me to a completely different industry than that of my current employer.

Main Query:

With the HR of the interviewing company, I discussed my current Tier 2 status and further visa sponsorship from them upon interview success. I learnt that their previous experience with candidates' applications for Tier 2 visa have not been successful. They mentioned of their jobs fulfilling the Residence Labour Market Test requirements as well as the salary criteria, even after that their selected candidates did not get Tier 2. They said that the quota for Tier 2 application is very limited and it is hard to get applications accepted visa. Since then I have been trying to find out if the capping criteria applies to me as I am already on Tier 2 and only switching sponsor, which means my CoS should be unrestricted? Am I safe to switch my sponsor or is it more likely for my application to be rejected due to the capping criteria [reference to current situation with rejections: https://www.theguardian.com/uk-news/201 ... plications]? In addition, are there any other factors which I haven't thought of and that may affect my visa application negatively?

If I get a job offer and it is possible to change the sponsor (in other words capping criteria is easy on me), then would it be recommended to follow the following procedure:

1. Obtain conditional job offer and certificate of sponsorship from the new employer. Make sure that the start date on CoS takes notice period of current job into consideration.
2. Make a fresh Tier 2 application with new employer as the sponsor, show funds, proof of English/Degree.
3. Wait for new BRP to arrive.
4. Once the new BRP arrives, request new employer to provide final Unconditional offer letter that corresponds to the notice period to be served with the current employer.
5. Resign from current job, serve the notice and then join the new job.

During the above procedure, would the border agency/new sponsor be be required to inform my current sponsor about the issuance of new CoS and new Tier 2 visa application?

P.S. I believe that the job I'm expecting interview for does qualify for RQF 6 (SOC), however I still need to check with the company.

Thank you very much in advance.

Sobia

[CR001]

They said that the quota for Tier 2 application is very limited and it is hard to get applications accepted visa.

Mostly for Restricted CoS for applications outside the UK.

During the above procedure, would the border agency/new sponsor be be required to inform my current sponsor about the issuance of new CoS and new Tier 2 visa application?

No, HO do not inform your current employer. That is your responsibility once you get your new visa.

[bhai86]

With the HR of the interviewing company, I discussed my current Tier 2 status and further visa sponsorship from them upon interview success. I learnt that their previous experience with candidates' applications for Tier 2 visa have not been successful. They mentioned of their jobs fulfilling the Residence Labour Market Test requirements as well as the salary criteria, even after that their selected candidates did not get Tier 2. They said that the quota for Tier 2 application is very limited and it is hard to get applications accepted visa. Since then I have been trying to find out if the capping criteria applies to me as I am already on Tier 2 and only switching sponsor, which means my CoS should be unrestricted? Am I safe to switch my sponsor or is it more likely for my application to be rejected due to the capping criteria [reference to current situation with rejections: https://www.theguardian.com/uk-news/201 ... plications]? In addition, are there any other factors which I haven't thought of and that may affect my visa application negatively?

As far as I know,

• Unrestricted CoS are allocated each year (around April) to each company, they are not requested each month.
• The company also gets limited number of unrestricted CoS at time of applying for licence.
• The capping criteria applies to restricted CoS, which are allocated each month by HO based on points (salary being the crucial one recently as mentioned by Guardian).

[sobia1986]

Hi,

I would like to inquire the safest procedure for someone on Tier 2 who would like to change their employer. I did some research and found the following in an old topic. Can you please have a look and confirm if it is still a working procedure:

1. Obtain conditional job offer and certificate of sponsorship from the new employer. Make sure that the start date on CoS takes notice period of current job into consideration.
2. Make a fresh Tier 2 application with new employer as the sponsor, show funds, proof of English/Degree.
3. Wait for new BRP to arrive.
4. Once the new BRP arrives, request new employer to provide final Unconditional offer letter that corresponds to the notice period to be served with the current employer.
5. Resign from current job, serve the notice and then join the new job.

Is it all right to apply for a new visa application using the new CoS before resigning from the current job?

Thanks
Sob

[CR001]

No need for multiple topics please (click)

[sobia1986]

Hi,

I would like to inquire the safest procedure for someone on Tier 2 who would like to change their employer. I did some research and found the following in an old topic. Can you please have a look and confirm if it is still a working procedure:

1. Obtain conditional job offer and certificate of sponsorship from the new employer. Make sure that the start date on CoS takes notice period of current job into consideration.
2. Make a fresh Tier 2 application with new employer as the sponsor, show funds, proof of English/Degree.
3. Wait for new BRP to arrive.
4. Once the new BRP arrives, request new employer to provide final Unconditional offer letter that corresponds to the notice period to be served with the current employer.
5. Resign from current job, serve the notice and then join the new job.

Is it all right to apply for a new visa application using the new CoS before resigning from the current job?

Thanks
Sob

Can anyone please reply to this query??

[UKLL]

Hi,

I would like to inquire the safest procedure for someone on Tier 2 who would like to change their employer. I did some research and found the following in an old topic. Can you please have a look and confirm if it is still a working procedure:

1. Obtain conditional job offer and certificate of sponsorship from the new employer. Make sure that the start date on CoS takes notice period of current job into consideration.
2. Make a fresh Tier 2 application with new employer as the sponsor, show funds, proof of English/Degree.
3. Wait for new BRP to arrive.
4. Once the new BRP arrives, request new employer to provide final Unconditional offer letter that corresponds to the notice period to be served with the current employer.
5. Resign from current job, serve the notice and then join the new job.

Is it all right to apply for a new visa application using the new CoS before resigning from the current job?

Thanks
Sob

Your application for a new visa using a new CoS is independent of your current job. Best practice is to wait until your new visa is granted then resign from your current job. Serving notice period is professional practice but you are not legally needed to serve it.