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Changing employer - Urgent

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

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shal1n1
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Changing employer - Urgent

Post by shal1n1 » Fri Apr 08, 2016 10:40 pm

Hi,
I am urgently looking for advice on whether I can continue to work for my current employer until the start date on the CoS issued by my new employer.

Today, I obtained a new Tier 2 visa for my new job which starts 1st July and was advised to give notice to my current employer once I had obtained the new permit. However, I am now confused as to whether I can work for my current employer until the start date of my new job. I need to give 2 months notice and thought that I could keep working for my currrent employer as the Tier 2 guidance note states that "You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired."

However, someone pointed out to me that my previous leave expires when the new permit is issued. Is this correct? Does this mean that I cannot work for my current employer as of Monday?

I would be grateful for any advice.
Thanks,
Shal

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Frontier Mole
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Re: Changing employer - Urgent

Post by Frontier Mole » Fri Apr 08, 2016 10:57 pm

Your current leave has not expired.
Your understanding of the guidance is correct.

shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Fri Apr 08, 2016 11:09 pm

Thanks for your reply Frontier Mole but I'm still a bit confused as the guidance refers to "previous leave" not "current leave"

Since I now have a new Tier 2 visa which is sponsorsed by my new employer, does this not cancel out the Tier 2 visa sponsored by my current employer?

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CR001
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Re: Changing employer - Urgent

Post by CR001 » Fri Apr 08, 2016 11:12 pm

You can work for your current employer while you serve your notice period.
Char (CR001 not Casa)
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shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Sat Apr 09, 2016 8:30 am

Thanks to those who have replied. Please could a senior member clarify the following for me.
shal1n1 wrote:Thanks for your reply Frontier Mole but I'm still a bit confused as the guidance refers to "previous leave" not "current leave"

Since I now have a new Tier 2 visa which is sponsorsed by my new employer, does this not cancel out the Tier 2 visa sponsored by my current employer?

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Frontier Mole
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Re: Changing employer - Urgent

Post by Frontier Mole » Sat Apr 09, 2016 9:08 am

Laziness on my part :shock:
Your previous leave is the term for the visa that was linked to your current employer. It remains valid to the start date of your new grant of leave that is quoted on the visa just granted.

Hope that helps

shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Sat Apr 09, 2016 9:17 am

Thanks Frontier Mole.

Since I applied in person yesterday and the application was successful, then I think that the start date on the BRP will be 8th April. If that is the case, then I cannot work for my current employer anymore even if the start date on the CoS is 1st July?

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Frontier Mole
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Re: Changing employer - Urgent

Post by Frontier Mole » Sat Apr 09, 2016 9:38 am

The start date should be the date on the COS once the BRP arrives.
You are overthinking things :D

shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Sat Apr 09, 2016 10:05 am

Thanks Frontier Mole.

There's so much contradicting info regarding this that it got me doubting my original understanding of the guideline. I'll trust what you've said. I'll also let my current employer know about the new visa on Monday and I'm sure that they will let me know if this causes any issues.

Thanks again for your help.

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Re: Changing employer - Urgent

Post by nisarmalik » Sat Apr 09, 2016 11:02 am

Ur start date in cos is the start date of work i.e 1st July and the start date on the BRP will be the visa approval date.
U can work for ur previous employer upto 30 June and can give notice of minimum 4 week as a full time worker.
U have to start new job on 1st July

shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Sat Apr 09, 2016 11:27 am

Hi nisarmalik,

Thanks for clarifying. The start date on the BRP got me confused as it would suggest that the new visa starts on the visa approval date i.e. 8th April. But I suppose the "actual start date" of the new visa is the start date on the CoS. This effectively means that the previous visa issued for my current employer is valid until the 30th June. Is that right?
nisarmalik wrote:Ur start date in cos is the start date of work i.e 1st July and the start date on the BRP will be the visa approval date.
U can work for ur previous employer upto 30 June and can give notice of minimum 4 week as a full time worker.
U have to start new job on 1st July

nisarmalik
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Re: Changing employer - Urgent

Post by nisarmalik » Sat Apr 09, 2016 1:43 pm

Yes
But technically it's not ur previous visa valid for 30th June but u can work upto 30th June with ur previous sponsor

shal1n1
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Re: Changing employer - Urgent

Post by shal1n1 » Sun Apr 10, 2016 9:25 am

Hi nisarmalik,

Will I be breaking any immigration laws by working for my current employer until the 30th? I want to make sure that this does not affect any future visa applications. Were you in the same situation as me regarding changing employer?
nisarmalik wrote:Yes
But technically it's not ur previous visa valid for 30th June but u can work upto 30th June with ur previous sponsor

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CR001
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Re: Changing employer - Urgent

Post by CR001 » Sun Apr 10, 2016 11:48 am

shal1n1 wrote:Hi nisarmalik,

Will I be breaking any immigration laws by working for my current employer until the 30th? I want to make sure that this does not affect any future visa applications. Were you in the same situation as me regarding changing employer?
No, you won't and no, there won't be any issue in future.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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