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Switching Tier 2 Confusion! Some guidance please

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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nomita
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Posts: 7
Joined: Wed May 21, 2014 12:03 am

Switching Tier 2 Confusion! Some guidance please

Post by nomita » Thu Dec 04, 2014 11:41 pm

Hello everyone,

I currently have a Tier 2 under an employer and have been offered the same role in a different company. So essentially I will be stitching from Tier 2 (general) to Tier 2 (general).
I have my visa appointment (same day premium service) next week. I have been advised to not resign from my current company till I know if the visa has been approved on the appointment day.
However in my current job I need to serve a notice period of a month, which is fine since my new company expects me to start only after that (at the end of jan).
But once my new visa is approved can i still work for my current company on the new visa till this date (which is end of jan) ?? The last time I did the same day appointment I was told that my visahas been approved and got my BRP in less than 10 days time. So this will definitely fall within the notice period right?

So confused. Please help!

sk8rprick
Newly Registered
Posts: 29
Joined: Wed Nov 12, 2014 6:35 pm

Re: Switching Tier 2 Confusion! Some guidance please

Post by sk8rprick » Fri Dec 05, 2014 11:36 am

You can work for your previous employer till the start date on your new certificate of sponsorship.

nomita
Newly Registered
Posts: 7
Joined: Wed May 21, 2014 12:03 am

Re: Switching Tier 2 Confusion! Some guidance please

Post by nomita » Tue Dec 09, 2014 11:29 pm

Thank you!

gspatel
Newly Registered
Posts: 8
Joined: Wed May 29, 2013 5:39 pm

Re: Switching Tier 2 Confusion! Some guidance please

Post by gspatel » Wed Dec 10, 2014 11:06 pm

sk8rprick wrote:You can work for your previous employer till the start date on your new certificate of sponsorship.
Hi all,
I am in similar situation as nomita (t2 to t2, 1 month notice, new employer, conicidently exact same situation, saved me typing all again :)). As nomita, I have been advised to not resign from my current company till I know if the visa has been approved and BRP received.
Problem is my current employer is umbrella company and I doubt they let me go so easily by serving notice period as they are loosing money. I been with them since 1.5 years and they earned lot from this. I doubt they may ask for some money.
Confusion is:
1. Once new COS assiged to me on SMS system, do my curr sponsor get any notification or is there any way they get to know? If they do, then they will start creating trouble for me and my new employer/sponsor. What if curr sponsor withdraw COS and mention some bad comment on SMS. This will impact my application.
I am confused on SMS system, because during switching a person allocated with 2 COS (current and new). plz clarify.
2.As sk8prick mentioned, once I receive BPR and resign, I can still work on curr sponsor payroll while servicing 1 month notice as far as curr sponsor is happy. I understand I should not work after my new COS start date. Question is what can be done by curr sponsor to take revenge and harm my image.
I am sure someone who is switching, have above questions or experienced similar situations.

Appreciate your kind help on this.

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
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Re: Switching Tier 2 Confusion! Some guidance please

Post by iworker » Thu Dec 11, 2014 10:01 am

they dont get any notification nor they can do anything to u.
once u get the visa, say u cant work for them legally and that working for them will be illegal for u and them.

gspatel
Newly Registered
Posts: 8
Joined: Wed May 29, 2013 5:39 pm

Re: Switching Tier 2 Confusion - When to Resign

Post by gspatel » Thu Dec 11, 2014 10:45 pm

iworker wrote:they dont get any notification nor they can do anything to u.
once u get the visa, say u cant work for them legally and that working for them will be illegal for u and them.
Many thanks iworker.
What is the best time to resign with curr employer?
If COS assigned to me on 15th dec (having job start date as 1st Feb),
apply on 20th dec and
let say get Visa/BPR stamped by 31st Dec.
On 1st Jan if I resign and ask curr sponsor to serve for 1 month notice period till 31st jan.
Can I work for curr sponsor as I am no more on their COS. OR is it ok to work as my new COS start date is 1st Feb.

Apology for above example dates but this is the best and easiest way to explain you the situation.
Request board members for your help as it is really confusing (when to work and when to stop)

Thanks

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 2:22 pm

Re: Switching Tier 2 Confusion! Some guidance please

Post by kevb2014 » Thu Dec 11, 2014 11:40 pm

Even though you would have a new sponsor following the approval of your T2G visa, you can continue to work for your current employer until 31st Jan but not beyond that date.

gspatel
Newly Registered
Posts: 8
Joined: Wed May 29, 2013 5:39 pm

Re: Switching Tier 2 Confusion! Some guidance please

Post by gspatel » Sat Dec 13, 2014 12:11 pm

kevb2014 wrote:Even though you would have a new sponsor following the approval of your T2G visa, you can continue to work for your current employer until 31st Jan but not beyond that date.
Many thanks kevb2014.

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