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Employer taken over by other company

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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CristinaMarsh
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Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Tier 2 General change sponsor after visa expiry

Post by CristinaMarsh » Fri Sep 07, 2018 2:52 pm

Hiii all ,

I am new to this forum.

I am in UK and have tier 2 general visa that was due to be renewed on 4th Nov 2018. My company is acquired by US company and they are not providing UK visa as a policy. So I am left with very little time to look for another job with Tier 2 general sponsorship.
Can you tell me how much time I have after my visa expires to look for another employer?
Also, how much time it takes for the new employer to go through the visa process?

Thanks a lot in advance !
CM

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Tier 2 General - High Earner

Post by CristinaMarsh » Fri Sep 07, 2018 2:57 pm

Hi all,

This is for my spouse.

My husband is on Tier 2 general dependent (I am the main applicant). His annual compensation is above £160k , so he belongs to high earner category. He is in UK for last 3 years as my dependent and hence eligible for ILR in 2 years time.
Now, if he switches from Tier 2 general dependent to Tier 2 general visa:
1) Can he apply from within UK?
2) When will he be eligible for ILR? Does the ILR clock resets for T2G Dep to T2G even for high earners?
3) Any other category for high earners so that the ILR clock does not reset?

THanks again
THanks alot

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

ILR / Citizenship for T2G dependent kid born out of UK

Post by CristinaMarsh » Fri Sep 07, 2018 8:08 pm

Hii

When does the kid who is born out of UK and is on Tier 2 general dependent visa gets the ILR and subsequently citizenship?
1) When ANY one parent get ILR?
2) When BOTH parent get ILR?
3) When Kid completes 5 years in UK?
4) Earlier of 2 & 3.

Thanks in advance.
CM

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR / Citizenship for T2G dependent kid born out of UK

Post by vinny » Sat Sep 08, 2018 1:17 am

CristinaMarsh wrote:
Fri Sep 07, 2018 8:08 pm
Hii

When does the kid who is born out of UK and is on Tier 2 general dependent visa gets the ILR and subsequently citizenship?
1) When ANY one parent get ILR?
2) When BOTH parent get ILR?
3) When Kid completes 5 years in UK?
4) Earlier of 2 & 3.

Thanks in advance.
CM


2)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 General - High Earner

Post by vinny » Sat Sep 08, 2018 1:22 am

CristinaMarsh wrote:
Fri Sep 07, 2018 2:57 pm
Hi all,

This is for my spouse.

My husband is on Tier 2 general dependent (I am the main applicant). His annual compensation is above £160k , so he belongs to high earner category. He is in UK for last 3 years as my dependent and hence eligible for ILR in 2 years time.
Now, if he switches from Tier 2 general dependent to Tier 2 general visa:
1) Can he apply from within UK?
2) When will he be eligible for ILR? Does the ILR clock resets for T2G Dep to T2G even for high earners?
3) Any other category for high earners so that the ILR clock does not reset?

THanks again
THanks a lot


1) No.
2) Reset.
3) Not as far as I'm aware.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 General change sponsor after visa expiry

Post by vinny » Sat Sep 08, 2018 1:23 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Re: Tier 2 General change sponsor after visa expiry

Post by CristinaMarsh » Sat Sep 08, 2018 7:08 am

Thanks Vinny.

Can you help me with this:
1) Can you tell me how much time I have after my visa expires to look for another employer?

2) is RLMT & 28 days advertising required for high earners (earning above threshold income >160)


Thanks a lot
CM

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Employer taken over by other company

Post by CristinaMarsh » Tue Sep 11, 2018 7:12 am

Hi
I am on tier 2 general since Nov 2015. My visa is due to be renewed in Nov 2018.

5 months back (April 2018), my current company X is taken over by New company Y. When it’s just 7 weeks left for my current visa expiry, my HR says that the New Company Y doesn’t provide Visa/Visa extension to below VP level as a company policy. This leaves my life in a toss as it is virtually impossible to get RLMT, CoS & a job in 6 weeks. I want to know what are my options:
1) Can Company Y refuse a visa extension as a policy? Company Y can provide visa as they do for VP & above but they are not doing citing their internal policies. They don’t have any responsibility to provide visa extension for “absorbed employees” of company X?

2) Old Company X/New Company Y have applied a Visa renewal in July for an employee of my level. They said they applied it under Old Company X license (Acquisition announced in April, last visa done in July & my visa extension refused in August)
Can Company Y apply for any visa under Old Company X license?

3) If finally Company Y doesn’t extend my visa by 2 Nov 2018, what options do I have? How many days I have to get another job & visa in UK?

4) If Company Y doesn’t extend my visa by 2 Nov, till when can my dependent husband work in UK?

Thanks alot!!!!

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Re: Employer taken over by other company

Post by CristinaMarsh » Wed Sep 12, 2018 8:40 am

Hi ,

can anyone help me with this please?

most important is this one:


4) If Company Y doesn’t extend my visa by 2 Nov (visa expiry date), till when can my dependent husband work in UK?

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CR001
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Re: Employer taken over by other company

Post by CR001 » Wed Sep 12, 2018 8:48 am

You and your dependents must leave the UK (and stop working) by the time your visa expires (2nd Nov) if you are not able to extend the visas or find another sponsor and apply before your visa expires.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Re: Employer taken over by other company

Post by CristinaMarsh » Wed Sep 12, 2018 9:55 am

Thanks CR001,

if my husband (high earner > 160k) switches from Tier 2 General Dependent to Tier 2 General, is RLMT required? Just asking as we have just 6 weeks left so if RLMT not required then it saves 4 weeks.

Thanks again

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CR001
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Re: Employer taken over by other company

Post by CR001 » Wed Sep 12, 2018 10:58 am

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.

User avatar
CR001
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Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Employer taken over by other company

Post by CR001 » Wed Sep 12, 2018 10:59 am

CristinaMarsh wrote:
Wed Sep 12, 2018 9:55 am
Thanks CR001,

if my husband (high earner > 160k) switches from Tier 2 General Dependent to Tier 2 General, is RLMT required? Just asking as we have just 6 weeks left so if RLMT not required then it saves 4 weeks.

Thanks again
My understanding is that RLMT is only exempt for shortage occupation jobs.

He still has to apply from home country anyway. He cannot switch within the UK.
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.

CristinaMarsh
inactive
Posts: 19
Joined: Fri Sep 07, 2018 2:41 pm
Australia

Re: Employer taken over by other company

Post by CristinaMarsh » Wed Sep 12, 2018 3:27 pm

agree, he has to apply from home country. But RLMT is exempt for salary > £159,600? link below:
http://workpermit.com/immigration/unite ... arket-test

For leaving UK, isn't it 60days from the day visa expires ?

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CR001
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Location: London
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Re: Employer taken over by other company

Post by CR001 » Wed Sep 12, 2018 3:37 pm

agree, he has to apply from home country. But RLMT is exempt for salary > £159,600? link below:
http://workpermit.com/immigration/unite ... arket-test
Should be ok if he can get a RCoS.
For leaving UK, isn't it 60days from the day visa expires ?
Do you have a link to this statement?? Once your visa expires, you are an overstayer and cannot work or access NHS services or rent and could potentially face a 1 year ban from re-entry to the UK.
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.

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