For foreign workers who are already in the UK on a Tier 2 General Visa and wish to change their employment role or employer, there are options available. If you wish to change to a new employer and currently are in the UK on a Tier 2 Visa you must make sure your new employer holds a Sponsorship License to satisfy that they are able to employ foreign workers.
When applying for a new job, you need to bear in mind that this will be subject to the Resident Labour Market Test which means the job will need to be advertised for a total of twenty eight days before it can be offered to a Tier 2 visa holder, therefore it is not recommended that you should be planning to leave your current job until your new job is secured. Changing jobs while you are on a Tier 2 Visa is a complicated process which is why we recommend you seek legal advice when planning to do so.
Here at Alexandra & Spencer we will assist with checking your eligibility, discussing your options with a view to get your application started. We will complete your form, guide and support you to collect all the relevant documentation and create a Letter of Representation to include with your application form. We will check that your Sponsor is licensed to employ you for this type of work and liaise with the Home Office on your behalf. Contact us today on 020 7887 1916, complete the online contact form or get in touch on social media.
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Even if the time on your current Certificate of Sponsorship (CoS) has not run out, you will still need to make a new application for a Tier 2 Visa.
This means any new job you apply for will be subject to the Resident Labour Market Test and advertised for a total of 28 days before it can be offered to Tier 2 Visa holders. Because of this, it is recommendable to plan your move while you are still with your current employer.
The new company will also have to be in possession of a Sponsorship Licence to give you a new Certificate of Sponsorship. Unlike your first application, you will not need evidence such as proof of English Language.
The in-country application process should make your application smoother as well, particularly if you are able to use the Same-Day Premium Service.
You will need to agree on a new start date with your new employer. Assuming there is still time on your first visa you can then continue working at your old job until the start date on your new CoS.
As you change job it is important to reassess what that means for the rest of your family.
Tier 2 Visa changes will mean any family members currently in the UK with their visas contingent on yours will also have to reapply.
A person re-applying for a new Dependent Visa does not need to leave the UK and may also apply for Same-Day Premium Service.
As a skilled worker, intending to do work in any profession which requires any specific qualification or learnt skill-set, you can apply to enter or remain in the UK to work, provided the role you are filling cannot be filled by resident UK talent.
If you are a foreign national and you are applying to work within a role such as this in the UK, you will also need to ensure that your intended employer is an official holder of a UK Sponsor Licence, meaning they are able to legally employ foreign nationals.
If your employer does not have a valid Sponsor Licence, they could face a civil penalty or risk having their Sponsor Licence revoked or suspended.
Making a new application will incur costs as your Biometric Residence Permit (BRP) will have expired.
You will need to have either applied for or obtained a new one before this before you can start your new job and remain in the UK.
Depending on your circumstances there may also be an another Immigration Healthcare Surcharge.
Changing employers can already come with its own challenges and doing this in another country can be even more difficult. It is vital that everything is done by-the-book when it comes to applying for a new Tier 2 Change of Employment Visa. Any periods of overlap/overstay will count against you if you are planning on applying to settle in the UK someday.
Understanding this, we have a number of services that can help put your mind at ease, guiding you through the process of changing employers while holding a Tier 2 Work Visa.
Our expert lawyers will ensure that you have filled your new application out correctly within plenty of time. We will investigate the sponsorship status of your next employer to ensure that your Tier 2 Change of Employment application process runs smoothly. This will make sure that any plans for future settlement in the UK are not jeopardised.
Our services include:
Get in touch today on 020 7887 1916 or use our online enquiry form to receive assistance from one of our lawyers for your Tier 2 Change of Employment application.
Our highly professional, dedicated and knowledgeable specialists will do all the hard work to make the immigration process easy and understandable so you will be confident about successful outcome.