Restricted COS work start dates - Urgent!!

[rubycarlo]

Hello all,

I have just been assigned a restricted COS today with the following work start dates:
Work start date: 01 October 2015
Work end date: 01 October 2018
I am currently employed and need to give my current employer at least 2 months of notice period. Hence I had requested my new employer to put in a work start date of 18 January 2016 to account for 2 months notice + 15-20 days visa application process. They agreed to this. However, they have assigned me a work start date of 01 October 2015 stating that they need to stick to the dates they mentioned in my sponsorship application, and said that I need not worry if my work start date is not my 'actual' start date.

Now I have the following very pressing concerns before I make my visa application:
1. Is it truly mandatory for the start dates to match between the COS and the sponsorship application? Can the start date now be changed with a sponsor note before I apply for Tier 2 G visa?
2. If I stick to the current COS work start date, can I still state a planned date of arrival as 4th January 2016? What are the visa issue and expiry dates based on?
3. Am I allowed to legally continue working for my present employer beyond the COS work start date? I have read several other posts, and the answer is always No. Please confirm this for me again.

Hope someone can help me resolve these urgently so I can discuss these with my new employer. Thanks!!

[moonlight55]

1. Not necessary. The employer can request for a change in start date using the sponsor note. You can apply accordingly.

2. Yes, you can. However, do note that nowadays you only get a 30-day visa on your passport. So, if your start date is 01-Oct, most likely you will get a vignette on your passport for the duration of 01-Oct to 31-Oct. You need to travel to UK within these 30 days and collect your BRP Card (which will have the remainder of your duration) from UK. In your case, since you plan to start work from Jan, you may not be travelling in Oct. hence, requesting a change in start date by employer is the best way to go.

3. No.

[rubycarlo]

Thanks moonlight for the quick confirmation!!

[rubycarlo]

1. Not necessary. The employer can request for a change in start date using the sponsor note. You can apply accordingly.

2. Yes, you can. However, do note that nowadays you only get a 30-day visa on your passport. So, if your start date is 01-Oct, most likely you will get a vignette on your passport for the duration of 01-Oct to 31-Oct. You need to travel to UK within these 30 days and collect your BRP Card (which will have the remainder of your duration) from UK. In your case, since you plan to start work from Jan, you may not be travelling in Oct. hence, requesting a change in start date by employer is the best way to go.

Just a quick clarification regarding the 30-vignette. Isn't this 30-day visa issued based on my planned travel date? If I state 4th January in the application, won't UKVI issue me a vignette starting from 4th Jan irrespective of my COS work start date in October?

3. No.
Could you give me the link to the guidance that says this will be a breach of immigration rules if i work for my existing employer beyond the COS start date? Please note I'm applying for a new entrant Tier 2 G visa. I work in Bahrain on a work permit

[rubycarlo]

1. Not necessary. The employer can request for a change in start date using the sponsor note. You can apply accordingly.

2. Yes, you can. However, do note that nowadays you only get a 30-day visa on your passport. So, if your start date is 01-Oct, most likely you will get a vignette on your passport for the duration of 01-Oct to 31-Oct. You need to travel to UK within these 30 days and collect your BRP Card (which will have the remainder of your duration) from UK. In your case, since you plan to start work from Jan, you may not be travelling in Oct. hence, requesting a change in start date by employer is the best way to go.

Just a quick clarification regarding the 30-vignette. Isn't this 30-day visa issued based on my planned travel date? If I state 4th January in the application, won't UKVI issue me a vignette starting from 4th Jan irrespective of my COS work start date in October?

3. No.
Could you give me the link to the guidance that says this will be a breach of immigration rules if i work for my existing employer beyond the COS start date? Please note I'm applying for a new entrant Tier 2 G visa. I work in Bahrain on a work permit

Sorry I meant I am applying for Tier 2 visa for the 1st time. Appreciate some input on this

[rubycarlo]

Hi, could anyone respond to my queries above?

[moonlight55]

2. Yes, the vignette will be based on your travel date. However, this will work only if the employer informs UKVI of the change in start date. Do you really want to create confusion in the caseworker's mind that why you are travelling later than the start date mentioned in CoS.

3. Not applicable to you since your current job is outside UK. Again, I would recommend to change the start date formally using sponsor notes.

[rubycarlo]

Thanks moonlight55 for confirming. Yes I believe leaving the start date as is will only create further confusion. I will discussing this with my sponsor and post an update!

[rubycarlo]

Another query:

How do we calculate the travel date for the visa application? The guidance says no earlier than 14 days before the work start date. If my COS work start date is 18/01/2016, should I state my travel date as 04/01/2016 or 05/01/2016?

I would like to make full use of the 14 day limit to find accommodation and get settled before my work start date.

[rubycarlo]

Update to my Cos work start date issue:

The migration consultant that my sponsor hired has inserted the following sponsor note:
"Note the applicant will commence employment in Jan 2016 due to a 3 months notice period with her current employer"

He doesn't want to state the specific changed start date because he claims that this would raise suspicion that the sponsor is trying to mess with the SMS system and cause the Home Office to ask more questions.

Is this sponsor note in the COS and a supporting letter from my employer stating they agree to my new start date sufficient for my application?

[rubycarlo]

Update to my Cos work start date issue:

The migration consultant that my sponsor hired has inserted the following sponsor note:
"Note the applicant will commence employment in Jan 2016 due to a 3 months notice period with her current employer"

He doesn't want to state the specific changed start date because he claims that this would raise suspicion that the sponsor is trying to mess with the SMS system and cause the Home Office to ask more questions.

Is this sponsor note in the COS and a supporting letter from my employer stating they agree to my new start date sufficient for my application?

Bumping this up. Moonlight55/other experts, could you please advise? I plan to submit my application on Monday.

[carlosallca]

hello ruby carlo
i hope your well? and all went ok with the process?
i am in a similar situation with my dates, see below;
CoS assigned: 02 Oct 2015
Work dates
Start date: 01 Sep 2015
End date: 01 June 2017
Sponsor note: work dates to be extended until 20 Aug 2018
Note only added after battling with HR to change it to 3 years. I asked for start date to be changed too, but HR did not do it!
and i am still in Australia as I had issues with getting copies of contract and CoS.
I'm planning to travel into the UK on 26 Nov 2015.
Do you or does anymore see an issue with these date?

1. can start date before assigned date?
2. will it be an issue if the start date 01 Sep 15 is not changed and I arrive late Nov 15?

Any advice, thoughts, comments would be appreciated.

Thank you
Carlos

[goyaldip]

Hello Everyone,

I am in the same situation that my COS assigned date is after my work start and end date.

Can any one one help with their past experiences ?

[goyaldip]

I have read some of the details here -
http://www.immigrationboards.com/uk-tie ... 94712.html


My case is same as described in the last post -
Assigned date is after my work start and end date ? Please provide suggestion. Thanks