Tier 2 to Tier 2 OR ILR during COVID

[mattaus]

Hi all

I've recently accepted a new job in the same sector I have been sponsored in for nearly the last five years. I'm currently sponsored by my employer and eligible to apply for ILR in December 2020 having completed the requisite five year continuous period on a Tier 2 (General) visa.

My new employer wants me to start as soon as possible and they're willing to pay to either transfer my existing Tier 2 (General) sponsorship to them (even though I would only need this for a couple months), or to meet the costs of my ILR application. Unfortunately, I have a two months notice period with my existing employer, and I cannot begin this notice period until I tell them that I'm resigning.

I don't want to resign until I at least have CoS with my new employer, as I understand there's a risk -- albeit a potentially small risk -- of my application being rejected or for my new Tier 2 (General) visa application to be delayed.

With only a couple months left until I can apply for ILR, I obviously don't want to be in a position where I'm without a Tier 2 (General) visa because of delays, but I also don't want to keep my new employer waiting any longer than they have to. Factoring in Home Office delays in processing Tier 2 (General) visas during COVID and the two months notice period with my existing employer, I could be looking at roughly four months before I can actually start my new job! By this time I would obviously be eligible for ILR anyway, although I understand that I wouldn't get a decision about ILR for approximately six months.

My questions are as follows:

• Assuming I opt for my new employer to take up my Tier 2 (General) sponsorship from my existing employer, when is it generally considered 'safe' for me to resign? I don't want to resign too early as I don't want to be without a visa if there are issues transferring my sponsorship over, but I don't want to keep my new employer waiting any longer than have to because my notice period is already two months...

• Is it generally considered safe to resign once the CoS has been allocated by the Home Office to my new employer/Tier 2 sponsor?

• Is there any evidence or insight -- factual or anecdotal -- that it's rare for an existing Tier 2 (General) visa holder to be rejected or face delays when they transfer their existing Tier 2 (General) visa to a new employer?

Any advice you have on the above points or my decision to go down the Tier 2 (General) path over the laborious ILR path would be helpful.

Many thanks

[CR001]

Assuming I opt for my new employer to take up my Tier 2 (General) sponsorship from my existing employer, when is it generally considered 'safe' for me to resign? I don't want to resign too early as I don't want to be without a visa if there are issues transferring my sponsorship over, but I don't want to keep my new employer waiting any longer than have to because my notice period is already two months...

You cannot 'transfer' your current sponsorship to another employer. They must be a licensed Tier 2 sponsor and follow the process to employ, i.e RLMT if applicable and it is non shortage occupation. Once that is complete for the required 28 days (if not already done), then they have to assign you a Unrestricted CoS if they have CoS available to assign. You then apply for a new tier 2 general change of employer visa, paying all the fees and IHS again.

Is it generally considered safe to resign once the CoS has been allocated by the Home Office to my new employer/Tier 2 sponsor?

There is no guarantee a visa will be issued so it would be a risk you take. If your new tier 2 visa is refused, you have no job and cannot apply for ILR either.

Is there any evidence or insight -- factual or anecdotal -- that it's rare for an existing Tier 2 (General) visa holder to be rejected or face delays when they transfer their existing Tier 2 (General) visa to a new employer?

It is not as rare as some think. There are currently delays but the backlog is almost cleared anyway.

On what date did your initial Tier 2 visa start or was it issued/dated??

[mattaus]

Many thanks for that detail and for the swift response.

To clarify, my new employer has already completed the RMLT, the role code is the same as before, which is considered a shortage occupation, and I understand they can apply to assign the CoS pretty quickly, within a couple of days.

My initial Tier 2 (General) visa commenced in November 2015, but I have transferred employers once before. My current BRP with my existing employer (which I'm soon leaving), was issued on 15 March 2019 and expires 7 May 2022. So, while I will have been on a Tier 2 (General) visa for five years continously, I would have had three separate employers over this period.

One question: if the current backlog in applications has already cleared, how long typically would it take for a decision from the Home Office to be made if a CoS was issued by my employer now? For example, if theoretically I received my new CoS today and resigned from my current employer tomorrow, I would have a two month notice period to serve with my existing employer in any case. Is the visa likely to take two months? If there was a delay or an issue in the Home Office issuing a decision, are these normally quickly rectified if a CoS has already been issued?

Thanks again.

[CR001]

You can apply for ILR within 28 days before the 5th anniversary of your initial visa issue date, so depending on when in November your visa was issued, it could be as soon as sometime in October that you can apply for ILR.

Tier 2 General employer change application can take up to 8 weeks, sometimes longer as super priority 24 hours service is still suspended. The

uk-tier-2-employer-sponsored-visas/in-c ... -2140.html

[mattaus]

Thanks. Two brief questions on the ILR point:

1. If I was to apply for ILR in November (28 days prior to the 5 year anniversary), could I resign from my employer on that day, and begin my two month notice period, or would I need to stay as a condition of ILR is that you are employed at the time of your application.
2. Related to this, I need a letter from my current employer certifying that I am employed at the company and will remain employed. Could this letter come from my new employer or does it need to come from the employer that currently sponsors me? In other words, does the letter need to come from my current Tier 2 (General) sponsor, or could it come from my future employer that will not be sponsoring me?

[CR001]

1. If I was to apply for ILR in November (28 days prior to the 5 year anniversary), could I resign from my employer on that day, and begin my two month notice period, or would I need to stay as a condition of ILR is that you are employed at the time of your application.

No. You won't qualify for ILR if you do that. The requirement is that you must be employed and required for the foreseeable future and have a letter from your current employer stating that.

2. Related to this, I need a letter from my current employer certifying that I am employed at the company and will remain employed. Could this letter come from my new employer or does it need to come from the employer that currently sponsors me? In other words, does the letter need to come from my current Tier 2 (General) sponsor, or could it come from my future employer that will not be sponsoring me?

It must be the employer who is your current tier 2 sponsor. A 'future' employer is irrelevant to ILR based on tier 2.

[poper]

IMO, sort out your ILR before attempting job change in these uncertain times