If a Tier 2 General visa holder wants to change to a new job with a different employer whilst on the Tier 2 General visa, a change of employment application must be made. The visa holder needs to apply for a new Tier 2 visa.
Many workers assume that they can transfer their Tier 2 visa to a new employer. However, this is not the case; the applicant must apply for a new Tier 2 visa.
Requirements for change of employment
To successfully apply for a change of employment, the applicant must:
The new employer must be a UK licensed sponsor and meet all the requirements for the category that the applicant is applying for. If the new employer does not have a sponsor licence, they will need to apply for one.
The new employer may be required to do a new resident labour market test unless the job is on the shortage occupation list or the applicant will earn more than £159,600. The applicant may not replace a suitable settled worker.
The applicant must receive a new biometric residence permit (BRP). A BRP serves as proof of the applicant’s immigration status, plus right to stay and work in the UK.
Documents required for new Tier 2 General application
To apply for a new Tier 2 visa, the applicant must provide the following documents:
A new certificate of sponsorship from the new employer with a sponsor licence reference number.
The new certificate must confirm:
When applying for a Tier 2 visa, applicants must provide:
Applicants applying for change of employment and a new Tier 2 visa are legally required to submit all the above-mentioned evidence for the new application. However, if the applicant is already in possession of a Tier 2 visa, it might not be necessary to re-submit all the supporting evidence if these were provided with the previous Tier 2 application. This will depend on each application, and it is always good practice to have the evidence and supporting documents available.
Starting the new job
The applicant may only start at the new job after the application is approved.
The applicant may continue to work for the previous sponsor until the start date on the new certificate of sponsorship if the applicant’s current permission to stay is still valid.
Applicants should not start the new job until they receive their new biometric residence card with the new permission.
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For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at email@example.com or call +44 207 993 63 46.