Tier 2 visa, sponsorship cancelled after new visa granted, during job switch

[akhilnit3687]

Hi All,
I'm stuck in an unfortunate situation, need your help.
I am a permanent employee of an UK company who has sponsored my Tier 2 general visa till 2022.
I recently got another job offer and they started my new visa application. While my visa was in process they decided to withdraw the offer as the position was no longer available due to re-org in their company. Yesterday they said they've cancelled my sponsorship and today I've received the new BRP. ( my passport and old BRP hasn't arrived me yet). New visa is valid from 22 oct 2018.
Where does this leave me with my work rights in UK?
Can I still continue to work with my current employer after 22nd Oct.? Or does the old visa get void after this date?
If not, how much time do I have to find a new sponsor? Do I need to request for a grace period or the Home office contacts me with the 60 days period to find a new sponsor? Can I leave the country during this time?
In case I won't be allowed to work with my current employer, Can I ask for a compensation from the new company, because not only they didn't give me an offered job, but they also took my current job too?

Please guide me, what are my options in this situation.

Thank you
Akhilesh

[vinny]

1. Unfortunately, you cannot work for your new company, if they don't wish to employ you.
2. You cannot work for your current company because your leave has been superseded by your new BRP, under Section 3(3).
3. The time you have is subject to any curtailment notice.
4. If you leave the UK, then you would have to apply for a new Entry clearance, possibly subject to a cooling off period, etc.

[akhilnit3687]

Thanks for your response Vinny.
In case my new employer wishes to employ me, do they need to aply for fresh visa? Or do they have some time period where they can revert the cancellation of CoS?

Thanks!
Akhilesh

[vinny]

I'm guessing that everyone has to start all over again.

[akhilnit3687]

Thanks for your reply vinny.
Today I got an email from the immigration solicitor (who was assigned to apply for my new visa) saying that I can still work for my current employer as long as I haven't given a notice and they haven't cancelled sponsorship. Just I need to apply for a new BRP, and they want my confirmation to apply for that.
Is that correct, to apply for a new BRP for old employer ?

My understanding was that home office will now ask my current employer to cancel mey CoS as they have assigned me a new visa already. And if my current employer doesn't cancel the CoS they'll hae to pay for penalty.

Should I go with applying for a new BRP and requesting current employer to not cancel my CoS or is that a risky scenario? Other option is I can just ask for a compensation for withdrawing the offer after visa granted, and find a new sponsor in the 60 day grace period HO allows ?

Thanks!
Akhilesh

[CR001]

You will have to apply for a new tier 2 general visa and meet all the requirements, RLMT as well if you are non shortage.

[vinny]

Your current employer’s responsibility for you has ended.

Sponsor a Tier 2 or 5 worker: guidance for employers

14.4 Your responsibility for each migrant ends:
• when you tell us that you are no longer sponsoring them for any reason
• when they leave the UK and their entry clearance or leave to remain lapses
• when they are granted further leave to remain with a different sponsor, or in
another immigration category, which means that you do not need to sponsor them under Tier 2 or Tier 5 anymore

But this bit is a puzzle.

1.25 No refund will be paid where:
• a worker changes job but remains working for the same employer

[akhilnit3687]

Thanks for the response vinny.

I think my case is a bit more complicated because I got the leave granted and then new sponsorship cancelled, before the HO could even notify my current employer about my new leave granted to cancel curren CoS. As of now I haven't given notice and my current employer doesn't know about all this.

Thanks!
Akhilesh

[CR001]

HO don't inform your old sponsor about your new visa, that is what your resignation does.

Your old sponsor informs HO within 10 days of your last date of employment that you have left and cancels sponsorship.

Regardless, you cannot work for your "old" sponsor now. You need to apply for a new visa to continue working with your "old" sponsor.

[akhilnit3687]

Thank you for your response CR001.

Regardless, you cannot work for your "old" sponsor now. You need to apply for a new visa to continue working with your "old" sponsor.


Is this same as applying for a new BRP ? Is this what the immigration solicitor suggesting me ?

Or you mean to say even if i want to continue with my current employer, they have to apply for a fresh tier-2 , with a new CoS ?

It's bit confusing because the current employer doesn't know yet and so the CoS is still not cancelled, only this missing is the BRP, which HO had retained, as they sent a new BRP.

Thanks!
Akhilesh

[CR001]

New Cos, RLMT for 28 days if non shortage etc, new visa application and Ihs etc.

Your new BRP is your new visa, aplicable ONLY to the new sponsor who has withdrawn the offer. You previous visa and brp has been superseded by the new visa.

[akhilnit3687]

Status update.

My new employer was able to revert the cancellation of CoS and they have offered me a new position. And i can join the new employer with new BRP which I had received.

Question:
My current employer HR is asking for my new BRP copy and new employer's name/address. She says she is legally bound to provide this information to home office. Is that true ?
I don't trust them with this information and don't want to provide it to them.

Thanks!
Akhilesh