Advice for notice period (changing employers under Tier 2)

[una86]

Hi,

I know that this topic has been addressed many times before. However, it is still not very clear to me. My situation is the following:

Today my application for the new Tier 2 work permit, sponsored by the new employer, was approved. However, I should recieve the Biometric Residence Permit within 7 to 10 working days (no sticker or stamp has been issued in my passport). I cannot start work for my new employer until I recieve the BRP.

The questions is: what is the notice period that I should give to my current employer (who is very flexible about the notice date and aware of my situation)? I know that I cannot work with ex-employer once my new visa/permit is issued. In my case, the visa (permit) has been approved but not issued yet. Am I in breach of law if I'm still working for my ex-employer, while waiting for the BRP?

Many thanks,
Una

[CR001]

What was the start date of your new CoS? Your new visa will likely be issued in line with that.

Resignation wise, you should probably follow the terms of your employment contract or as agreed with your current employer.

[una86]

Thanks CR001

The start date of my CoS is the 7th December. My new employer advices that I start work on the 4th January. Should the notice period for my current employer then be the 3th January?

[justdopposite]

The start date of my CoS is the 7th December.My new employer advices that I start work on the 4th January

You cannot legally work for your current employer beyond the start date on your new COS, which is 7th of December.

Also your new employer cannot advice you to start a month later than the start date on your COS, unless you've requested holiday.

[una86]

Thank you very much. This clarifies the whole situation.

Can you please confirm that I am legally able to work for the new employer, although I still haven't received a card permit and do not have a visa stamp in my passport?

The only document I have is a letter from the immigration office that the work permit application has been approved.

[geriatrix]

Can you please confirm that I am legally able to work for the new employer, although I still haven't received a card permit and do not have a visa stamp in my passport?

No, the BRP is the proof of your right to work in the UK ... not the approval letter.

[una86]

Ok, so this basically means that, according to the regulations:

I'm not allowed to work for my current employer because of the early date of the new CoS. This is not my fault, nor the fault of my new employer, because we couldn't have predicted that the earliest appointement at the premium center would be more than three weeks after the CoS date (although the premium service costs around 1050 pounds with the purpose to speed things up).

And I can't work for the new employer because I haven't obtained the BRP yet (which could take another two weeks given the Xmas holidays).

I wasn't in position to leave my job before obtaining the new work permit. Perhaps I could leave my current job now, and be unemployed for the next couple of weeks.

So as CR001 suggested, I should probably resignate by following the terms of my employment contract and as agreed with my current employer. This is in direct violation of the law, but there is not much I can do.

The only concern I now have is would this cause any problems is case I opt to request a permanent residency after being 5 years on Tier 2. I would appreciate your thoughts on this.

Thanks for reading

[geriatrix]

nor the fault of my new employer,

It is, as a matter of fact, because the start date can be changed through a sponsor's note (perhaps in SMS, I think) ... and this could have been done after you realized that the earliest PSC appointment was 3 weeks away. Another assumption you made was that you were guarateed of a result on the appointment date. What if you application had been deferred ..... for months ... what would you have done then??

The sponsor has to inform HO if the migrant doesn't start work on the joining date mentioned in the CoS. Has your sponsor done so?



"Notice period" is not an immigration matter. That's between you, your current employer and your new employer. Sort it out between each other!!



Any breach of immigration laws can come back to bite you later in an immigration application in the future.

[una86]

@sushdmehta: I see... I really have not known that it is possible to change the CoS date.

However, it now does not make much sense why they approved my application in the first place. The CoS date was not amended, i.e., the date of the appointement is later than the CoS date. And, I'm obviously still working for the old employer (otherwise my old tier 2 visa would have been canceled).

Thanks for all your feedback!

[una86]

And one last question, I promise

Is it possible to change the CoS date now, when the work permit has been approved?

[kamren548]

Given your application has been approved, my understanding is that the only thing possible new employer can do is put a comment/note via SMS suggesting new start date, though not sure if it would have any legal stading (when it comes to ILR application).

That's what i have been told by a lawyer (though he isn't paid for this advise, so i am not sure how reliable/accurate that is).

[una86]

Thanks kamren548. I will request from my employer to try and change the CoS date asap. This seems as the only way out of this situation, especially if the BRP card still has not been printed.

[geriatrix]

AFAIK, once the CoS has been used, no changes can be made. The application has been decided upon and there is nothing you can change about it.
Such changes should have been made before applying for leave.

[una86]

My new employer has now informed me that the starting date on the CoS has been changed to match the starting date of my work (first week of January).

Even though I am still waiting to recieve the BRP (which has been approved btw), is it now safe to send a notice letter to my current employer?

Thanks

[Im_t2]

Hi Una86, I'm in a similar situation requiring a change in the date on CoS. Could you let me know how your employer manage to cjange it please? It will be very helpful.

Thanks a lot!

[una86]

I don't know how exactly they did it. It must be possible to amend the fields or make notes.
Good luck