The period between employment switches can be tricky in any sector - adding in visas only furthers the confusion. In this article, we are going to look at your rights and responsibilities if you are trying to get started in your new role as quickly as possible while still awaiting your visa. We will give you advice regarding what you are able to do, as well as highlight how to avoid any potential harm done to your visa prospects by not staying on the right side of the law.
One of the biggest concerns for Tier 2 General Visa holders is whether they can actually change employers. Of course, in reality, they absolutely can, but this is where visa holders can become confused by not seeking appropriate advice. We are sure there are employers and agencies out there who try to avoid telling visa holders the truth when it comes to their rights. We’re here to try and give you the advice to point you in the right direction and help you to avoid falling foul of the law.
So, what is the truth?
Well, as you can imagine from the previous paragraph, it is absolutely possible to switch employers while you are in the UK on a Tier 2 General Visa. Depending on where you are in your journey, you can either switch to a new Tier 2 Sponsor Licence holder or, if you have reached 5 years in the UK (eligibility criteria applies), you may be able to apply for Indefinite Leave to Remain, thus being able to work for whoever you choose.
No, one of the biggest misconceptions when it comes to the Tier 2 General Visa is that you are able to move as soon as you have accepted your new role (when switching). The real date that you need to wait for is the start date of your new Certificate of Sponsorship. You may or may not receive your Biometric Residence Permit within this period, but as long as your application has been successful, you will be able to begin your new role on the date specified on your Certificate of Sponsorship. You must not, however, begin working for your new employer before the date specified. Any well managed Tier 2 Sponsor Licence holder will not ask you to do this, but there can be communication errors. You will need to ensure that you wait until your start date on your Certificate of Sponsorship before starting your new job.
If you are switching employer while in the UK on a Tier 2 General Visa then you need to ensure that there are no gaps between work. To avoid this, it is best advised that you try to ensure that the end of your current job and the start of your new one are as close together as possible. As your current visa is valid, you will be able to work for your current employer until the start date on your new Certificate of Sponsorship. While you may choose to leave before starting your new job, it is prudent that the gap is as small as possible to avoid any issues with UK Visas and Immigration.
As tempting as it may be to try and book a long holiday or take a gap between employment, we would advise against it. UK Visas and Immigration will be assessing your case during this period of time. During then, the best course of action would be to remain with your current sponsor for as long as possible before starting your new role.
While Tier 2 Sponsor Licence holders are somewhat rare (there are currently just over 30,000 in the UK out of roughly 5.7 million businesses currently operating in the UK as of 2018), it is entirely possible for you to apply for several jobs at once. Should you be in the rather fortunate position of being accepted for more than one position, it is important that you make a decision on the one you are going to work for. Once this decision is made, you will need to not only inform the company that you have chosen to work for but also the one (or perhaps more) that you have not. This is to avoid the creation of more than one Certificate of Sponsorship for you.
If it is already too late and more than one sponsor has created a Certificate of Sponsorship, it is important you cancel the ones you aren’t going to accept. To do this, you must contact the company to inform them that you are not accepting the role and they need to cancel the Certificate of Sponsorship. If you do not hear back from them within 5 days, you must make contact again. If after this reminder you have still not heard back, you will then need to write a letter to UK Visas and Immigration to explain the details of the certificate of Sponsorship that you are not accepting. This allows them to contact the Tier 2 Sponsor Licence holder to check the details and cancel. It is vital that you follow this process to ensure that there are no negative impacts on your future dealings with UK Visas and Immigration.
If you need more help with a Tier 2 General Visa query then please get in touch. Our experienced team of immigration experts can help you to ensure that you have the best advice possible to make decisions regarding your future. Call today and a member of our team can discuss your situation in a free, no-obligation consultation - what do you have to lose?
530 ReviewsREAD ALL REVIEWS
Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
Cheap Immigration Lawyers in London
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Top Notch Immigration Service
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
Best Immigration Solicitors
I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.