Changing Employer without starting Job after Visa Stamped

[shruti2014]

Hi
I got my COS and Visa stamped to start my job with a new Sponsor from July 2014 . Presently I am in India
However I am in the process of getting a Job with another good MNC who is ready to sponsor me on Tier 2 general.
Please let me know the following
1) Can i join the new employer and not join the previous employer from whom I have got the Visa
2)Do I have to ask my previous employer to cancel the COS first before the second employer can file for COS. In that case, what will happen if by chance the second COS gets denied?
3) After getting the COS, Do i need to go for the Visa again?

Please help me with the above.
Thanks
Shruti

[moonlight55]

1) Yes
2) Yes since we cannot have two active CoS in the system for the same applicant. The first one is already cancelled, hence you will have to re-apply.
3) Yes

[shruti2014]

Thanks for the reply moonlight55..
However I have read the following from the responses to the threads by members like iworker and manci that never resign from the job till the new COS and Visa from the new employer is approved.

Your response as yes to my second question (Do I have to ask my previous employer to cancel the COS first before the second employer can file for COS. In that case, what will happen if by chance the second COS gets denied?) conflicts this.


Can some one please clarify the below for me
I have my Visa approved (First Time) from the employer under tier 2 general and I am in India at present.
If some new employer files for my COS and I go for the new Visa and by chance my new visa gets rejected, Can i still go ahead with the first employer through whom i already have the visa stamped.

Please help me with the above question.

Thanks

[moonlight55]

Point (2) is valid if you dont join the first employer (as per your original post). If you dont join, there's no question of resigning!

If you join and then want to switch jobs, then YES what you said is correct. You should wait for the the HO to approve your application before you resign (as recommended by seniors).

Request seniors to confirm on the above point.

Also, please note that its one of employer's duty to report to UK Home Office any change in the employee circumstances (start date change, no joiners and so on) to keep their licence active.

[moonlight55]

Just to provide some additional info.

The latest Tier 2 Policy Guidance (version 04/2014) - Annex A3, states that:

"
A3. What should you do if you do not want to take up the job you have been sponsored for?
240. If you have already been granted entry clearance and you no longer want to come to the UK, you should tell your sponsor.
241. If you do not want to take up the job because you want to work for a different sponsor, you must ask the sponsor to withdraw the Certificate of Sponsorship. You must contact the sponsor in writing or by email and give it five working days to withdraw the certificate.
If the sponsor fails to do so, you should send a reminder. If the sponsor does not withdraw the Certificate of Sponsorship within a further five working days, you should contact us by writing to us at:
Sponsor Licensing Unit
UK Visas and Immigration
Home Office
PO Box 3468
Sheffield
S3 8WA
243. You must provide:
• your full name; and
• your nationality; and
• the name of the sponsor you no longer wish to work for; and
• the Certificate of Sponsorship reference number you wish to be cancelled; and
• the name of any other sponsor you wish to work for; and
• the reason why you wish the Certificate of Sponsorship to be cancelled; and
• the date you first contacted the sponsor to ask for the Certificate of Sponsorship to be cancelled; and
• the date you contacted the sponsor again to remind them to cancel the Certificate of Sponsorship; and
• a copy of any correspondence sent to your sponsor, which must clearly show who the correspondence was addressed to within the sponsoring organisation; and
• any correspondence from that sponsor in connection with those requests (for example, any acknowledgement e-mails or letters).
We will cancel the Certificate of Sponsorship if necessary after discussions with the sponsor.

If you do not want to come to the UK, you should tell your sponsor and ask them to withdraw the Certificate of Sponsorship.
You do not need to contact us as the Certificate of Sponsorship will automatically expire three months after it was assigned.
"

[shruti2014]

Thankyou Moonlight55 for your reply.. Really appreciate your response..
Can you please clarify the below..
If the new employer files for my COS and I go for the new Visa and by chance my new visa gets rejected, Can I still go ahead with the first employer through whom i already have the visa stamped?

Thanks

[moonlight55]

Sorry, I could not find any formal documentation for this case. I know you can continue with the first employer even though your new application gets rejected provided you have started work with your first employer and you are applying to switch within UK.

In your case, logic says that your new CoS will overwrite the first one hence the first visa may become invalid. However, the case officer sometimes defy logic I would request seniors on this forum or someone who has gone through this scenario to confirm on this.

manci? can you confirm?

[shruti2014]

Thankyou moonlight55..
Can some one please confirm .

Thanks