USA and the UK
If you are in the UK on a Tier 2 Visa and you are looking to change employers, there are options open to you.
If you need to change employers while on a Tier 2 Work Visa, you will need to apply for a Tier 2 Visa change. You must ensure that your new employer also holds a valid UK Sponsor License and can legally hire migrant workers. You must also note that any new job applied for will most likely need to go through the Resident Labor Market Test before you can apply. This test means that jobs have to be advertised to British citizens for at least 28 before being made available to those from outside the country. For this reason, it is advised that you plan your move while still in employment.
How can IAS help?
Applying for a Tier 2 change of employment can be a very complex process and seeking advice from an immigration expert is highly advised. Get in touch today on +1844 290 6312 or make an inquiry online to receive personal, tailored advice from an expert about your Tier 2 Visa change. If you are in the UK on a Tier 2 Visa and have decided to move on or have been asked to leave, you will need to reassess the terms of your leave to stay.
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Even if your current Certificate of Sponsorship (CoS) has not run out, you will still need to make a new application for a Tier 2 Visa change.
Any new job you apply for will most likely be subject to the Resident Labor Market Test. For this, it will be advertised for at least 28 days before it is made available to migrant workers. Before any Tier 2 Visa change, it is advisable to find a job before leaving your current place of work.
Your new company will also need the relevant Sponsorship License to issue a new Certificate of Sponsorship. Unlike your first application, you will not be required to prove your English Language ability.
Applying for a Tier 2 Visa change in-country should also be a much smoother application. This is particularly true if use the Same-Day Premium Service.
When applying for a Tier 2 change of employment it is important to understand what this means for your family.
Anybody in the country as a dependent will need to reapply at the time of your Tier 2 Visa change.
Dependents will not need to leave the country to reapply and will also be able to access the Same-Day Premium Service.
When making a new application, your Biometric Residence Permit (BRP) will expire.
You will need to either apply for a new one or have already obtained it before you can start your new job and remain in the UK. The BRP application costs £20.
There may also be another payment for the Immigration Health Surcharge. This depends on your circumstances.
Changing jobs can already be a difficult time and going through it in a different country can only add stress. It is vital that the procedure is followed properly for the Tier 2 change of employment to avoid any issues with your permission to be in the country. Any periods recognized as overlap or overstay can be held against you when applying to settle in the UK in the future.
Our lawyers understand this, which is why we have a number of services aimed at helping you through the process of your Tier 2 Visa change.
Your personal immigration lawyer will ensure that your application forms are filled out in full. We will confirm your new employer’s sponsorship status so that your application is processed smoothly. This will ensure that there is no danger to your chances of a settlement in the future
Our services include:
- Reviewing the job vacancy to ensure the RLMT has been followed;
- Completing a full document check and organizing your evidence portfolio;
- Liaising with your new Tier 2 employer;
- Facilitating your Certificate of Sponsorship being granted;
- Producing a Letter of Representation. This will accompany your application and cites your supporting evidence, along with relevant UK case law;
- Maintaining contact with the Home Office on your behalf.
Get in touch today on +1844 290 6312 or make an inquiry online to discuss your Tier 2 Change of Employment options with an expert immigration consultant.