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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently living in the UK under a TIER 2 (GENERAL) Migrant

Resolved Question:

I am currently living in the UK under a TIER 2 (GENERAL) Migrant work visa. It is good until 19/05/12. I am still working, but for a different employer than the one I I was hired by when I was granted the visa. I wish to extend my VISA or stay under other legal conditions. What must I do, and do I qualify?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. When did you change employer
2. Did you update teh UKBA when you changed
3. Is your new employer willing to sponsor you for Tier 2 purposes
4. Are you in a relationship with a UK national/EEA national/ Person holding ILR or any other visa (please specify if so)

Kind regards.
Tom
Customer: replied 2 years ago.
TOM...
1. My employer was changed in 05/01/2011
2. i did not update my teh UKBA. I also do not know what that is.
3. My current employer is very interested in Sponsoring me for the TIER 2 purposes. He will need to know what to do as well.
4. I am not in a legal relationship with a UK National, though am dating a UK national...but again, I don't understand the nature of your question.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

You’re in a difficult position I’m afraid. Whether or not you were aware of it, you are under a duty as a condition of your visa to update the UKBA of any change in circumstances. Changing employer is one of those circumstances, and the UKBA (home office, who issued your visa) will view this as a breach of the conditions of your visa unfortunately.

It is also a condition of your visa that you work for your sponsor. You can switch sponsors when you switch jobs but they must be a licensed sponsor. So, assuming they did not apply to become your sponsor then you are also in breach in this regard.

Your visa is expiring soon. Normally you would apply to extend your visa but the difficulty is the above breaches of the conditions of your visa because you would have to apply for an extension based upon your new sponsor but they would have to apply to become you sponsor before you are able to do this and I don’t think there is enough time. Even if they did the UKBA could (and I would expect them to) reject the application because of the above breaches.

You can attempt to make the application but your employer must apply to become your sponsor and you would also have to present an argument for why this change has only been notified now. I have to be honest, your chances aren’t great. Details on sponsoring are here though:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/sponsorship/


If you have lived with your partner that you are dating for two years or are intending on marrying them then your options are much better and I an advise you of them if you let me know whether either of these two circumstances apply to you.

I am very sorry I could not have better news for you.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6369
Experience: BA (Hons), PgDip, Practising Solicitor
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