Tier 2 change of employment

[Sefardim]

Hi all
Looks like a complicated situation here

I'm currently on a Tier 2 visa and have a new job offer. Got my Tier 2 in Dec 2013 and my new company have just issued a CoS for me. However, this is a restricted CoS and they want me to resign now and want my current employer to cancel their CoS and also say I may need to leave and re-enter the UK with all travel costs covered by the company. I know that this is completely wrong and will do no good for me but I just want to confirm this with the gurus of this forum. They also stated they want me for 3 years and they are willing to pay an entrant salary under appropriate SOC. I am less than 26 y.o. and just wondering if I should also ask them to amend my employment times so that my total Tier 2 stay under entrant salary will not exceed 3 years and 1 month (i.e. end date Jan 2017)?

Thank you all for your replies.

[manci]

I know that this is completely wrong.
It is.

If you leave the UK you will only be able to apply for entry clearance after 12 months cooling-off.

The new company should withdraw the restricted CoS, assign an unrestricted CoS following which you can apply for leave but don't resign until your application is granted.

If you want to take advantage of the new entrant rate you are right about the work end date to be given in the CoS.

Has the new company done a RLMT (unless an exemption applies)?

[Sefardim]

Thanks Manci, RMLT has been done and this was mentioned in the issued CoS. So if I ask them to put the start date roughly 1.5 months from now I will be able to legally work for a month with my current employer even if I get my visa approved in a week's time?

Cheers

[manci]

Thanks Manci, RMLT has been done and this was mentioned in the issued CoS. So if I ask them to put the start date roughly 1.5 months from now I will be able to legally work for a month with my current employer even if I get my visa approved in a week's time?

If you apply before your leave expires you can continue working for your current employer up to the work start date stated in the new CoS. It is important that you submit your application before your leave expires.
Cheers

[Sefardim]

My leave is valid till Feb 2017 so I've got plenty of time to apply. Thanks Manci for you comments you're a gem mate