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Tier 2 switching employer

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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Vikki4
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Western Sahara

Tier 2 switching employer

Post by Vikki4 » Sat Jun 02, 2018 9:40 am

I came to the U.K. on a sponsored visa in 2015. My company was sold to another company and new management wanted me to take on a different role. I left as of March and was interviewing with a new company, but the interview process has taken longer than my grace period for finding a new sponsor. I expect to be offered a position soon, but what are the chances that my new COS will be denied due to the timing issues? I can’t do much to speed it up from my end. I’ve also been interviewing at other companies but I’d be even further behind in the process.

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CR001
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Re: Tier 2 switching employer

Post by CR001 » Sat Jun 02, 2018 6:46 pm

Have you received a curtailment letter yet?

What 'grace period' are you referring to exactly??
Char (CR001 not Casa)
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Vikki4
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Posts: 4
Joined: Sat Jun 02, 2018 9:29 am
Western Sahara

Re: Tier 2 switching employer

Post by Vikki4 » Sat Jun 02, 2018 7:13 pm

I have not received a curtailment letter yet, but have to assume it will arrive any day now. I was advised by HR and my attorney that in general the home office would look favourably on a new application made within 60 days of leaving my employer, but after that I am likely to be rejected as I’m overstaying.

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CR001
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Re: Tier 2 switching employer

Post by CR001 » Sat Jun 02, 2018 7:42 pm

HR and your solicitor are speaking nonsense.

There is no longer a 60 day employment gap issue in the immigration rules. It has been removed.

Your 60 days curtailment only starts when you get the letter.

You don't state when your current visa expires, this is usually very useful information.
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.

Vikki4
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Posts: 4
Joined: Sat Jun 02, 2018 9:29 am
Western Sahara

Re: Tier 2 switching employer

Post by Vikki4 » Sat Jun 02, 2018 7:55 pm

Thank you very much for this, it eases a lot of my anxiety. My visa from my first employer was valid through April 2020.

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Djsuccess
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Re: Tier 2 switching employer

Post by Djsuccess » Sun Jun 03, 2018 1:33 pm

Vikki4 wrote:
Sat Jun 02, 2018 7:55 pm
Thank you very much for this, it eases a lot of my anxiety. My visa from my first employer was valid through April 2020.
The visa remains valid until you receive a curtailment letter, The letter will give you 60 days to make another application or switch category. Have you recently changed your contact address (home and email)? If UKVI does not have you updated address, it is possible that the curtailment letter has been sent and you missed it. If you are certain that your details with UKVI are up to date, then you might still have time to make another application. The 60 days curtailment period starts from the date the letter is issued. All the best
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.

Vikki4
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Posts: 4
Joined: Sat Jun 02, 2018 9:29 am
Western Sahara

Re: Tier 2 switching employer

Post by Vikki4 » Sun Jun 03, 2018 6:44 pm

Thanks for this. I confirmed with my former employer that they contacted Home Office as agreed, and had my contact details / address correct. Now I’m not sure if I should trust them to have done this correctly. Is there a contact address for updating details? I’m sorry, I’m finding the UK gov site confusing and hard to navigate.

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Djsuccess
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Nigeria

Re: Tier 2 switching employer

Post by Djsuccess » Sun Jun 03, 2018 10:47 pm

Vikki4 wrote:
Sun Jun 03, 2018 6:44 pm
Thanks for this. I confirmed with my former employer that they contacted Home Office as agreed, and had my contact details / address correct. Now I’m not sure if I should trust them to have done this correctly. Is there a contact address for updating details? I’m sorry, I’m finding the UK gov site confusing and hard to navigate.
https://visa-address-update.service.gov.uk/
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.

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