Tier 2 workers and Coronavirus: changing employment

Pre lockdown, many Tier 2 employees may have been in the process of changing employment. Due to the lockdown, many have been unable to progress their application. This undoubtedly would be causing many anxiety and fear over their visa status.

The UKVI has now updated their COVID 19 guidance to state the following:

If you’re sponsoring an employee who’s waiting for their Tier 2 or 5 visa application to be decided Sponsors may allow employees to start work before their visa application has been decided if:

  • sponsors have assigned them a CoS
  • the employee submitted their visa application before their current visa expired
  • the role they are employed in is the same as the one on their CoS

The sponsors reporting responsibilities will start from the date of employment, not from the date that their application is granted. If the employee’s application is eventually refused sponsors must terminate their employment.

This will be of some relief to those who were expecting to start new employment. Employment with the new sponsor on the agreed start date, as long as the above conditions are satisfied. Please note that biometrics do not have to have been enrolled.

If you require assistance with any of your immigration issues, please get it in touch with our experienced consultants on info@ukvisas.co.uk or call us on 01403 801801.

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UK VISAS NO WIN NO FEE PROMISE

We provide a ‘No Win – No Fee’ guarantee for all points-based system visa applications unless expressly stated at the time of appointment. We will guarantee our service for these applications by offering a full refund on our fee should it be unsuccessful.

These guaranteed terms are conditional upon the client being able to demonstrate to the satisfaction of the Home Office that they have earned the income claimed or that they have the necessary funding in place for maintenance or are fully conversant with their business plan in the case of Tier 1 Entrepreneurs.

It also presumes that neither the applicant nor their dependants have previously come under scrutiny or been under investigation by the Home Office for any immigration matter. In order that we can do our job properly the necessary information and details required should be made available and they must genuine as well as accurate.