Max extension of work start date - Urgent, Meeting tomorrow

[tenseboy88]

Hi,

I filed change of employment application on 3rd Nov 2016. On cos we put down start date as 13 Dec 2016.

Visa granted on 11 Nov 2016.
I have one month notice period.

Can I change my start date to 20 feb 2017? Only reason is I want to collect bonus in current employment which is paid on 20 Jan and then serve 1 month notice.

Someone told me that firm can use sms system and change start date to whatever date. There is no time limit.

However I am not sure as there was limit that application should be made within 3 months of start date.

So please advice. Can i change to 20 feb 2017? That will be starting in 4 months after application was made.

Will HO have any problem?

Pls advice urgently as I else I will resign tomorrow.
Thank you

[tenseboy88]

Anyone? I know its one off

[Frontier Mole]

Your new firm can change the start date but that is not the real issue. Your current employer can not employ you after the visa start date you already have.

[tenseboy88]

Sorry which visa start date?
One on the BRP card issued or the one which we mentioned on Cos?

bRp date is 10th nov - but I would have served notice only after getting visa, which is advisable.

Also if i prolong the cos date to feb then you are saying i cannot work for current employer?

[tenseboy88]

Using the sms system isnt the firm going to change the start date on the cos letter?

[tenseboy88]

To my knowledge you can continue working with current employer till start date on cos?
So if new employer changes start date does that not mean that you can continue working for current employer till then?

[tenseboy88]

Anyone?

[tenseboy88]

Any comments guys? Really tensed

[iworker]

Read frontier mole post again. If you dont understand, read his post again.
Under immigration rules, u cant work for your current employer anymore, from the date the new visa was issued. the date on the BRP is the date when the visa is issued and from this date you can only work for the employer under whose visa you are in now.
Notice or no notice.. that is employment law.. not an immigration matter.

[ravi_ei]

Hi Iworker,

I am a bit confused now. Then what is the point of following in Tier 2 policy guidance

220. It is recommended that you do not start work for your sponsor until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree you can start work before you have your BRP, both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. 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.

If COS start date is moot after getting the BRP or visa approval why it is mentioned in this section? Before visa is approved COS "start work date" has nothing to do with continuing working with the Employer, whom applicant is planning to leave. COS start work date only matters when you have your visa approved with new employer. So above clause only makes sense if you have visa approved for new employer. Just my interpretation.

Note: Please dont follow above as a rule. My interpretation may not be right.

[tenseboy88]

Yes my understanding is same that you can work for existing employer till start date mention on cos.
As you have to serve the notice period.

My question was that if start date on cos can be moved ahead, say couple of weeks so that you continue working for exisiting employer till new start date.

[Frontier Mole]

The COS once used and the visa once issued fix the start period of working for a new employer. There is no going back to the COS to change things once the visa is issued. It is not a floating date that can be changed at a whim.

Once the new visa date is reached at that point in cancels the previous and thereafter you can only work for the new employer.

You are getting fixated on the COS, the COS is dead and finished with, no more changes as it is now used. The new visa superceds the old visa on the start date and that cannot be changed. Accept it and move on.

[tenseboy88]

Thanks.
Not sure why the immigration consultant is admant that it can be changed using some sms system

[eduleal]

You can use the SMS to issue a new one, send messages etc - but it wouldn't officially change a COS that's been used and applied with.

[noajthan]

In this context SMS means Sponsorship Management System (not Short Message Service).

[tenseboy88]

So the consultant is right and the start date can be changed right?
Apparantely he says there are new regulations by which you can move it out by 4 weeks so that you can serve the notice period.