Queries regarding Tier 2 General Visa extension with change

[Pavkum]

Hi All,

Hope you're well!!

I've following situation and queries on my visa and require your help for the answers. Really appreciate your help.

Situation:

I'm on Tier 2 General sponsored work visa by Employer 01 which expires on 15/02/2017. Got an new offer from Employer 02 with the joining date as 10/03/2017 and with sponsorship offered..

Queries:

1. What is the earliest date that Employer 02 can apply the visa extension for me - Should it be before 28 days or before 3 months of visa expiry date or joining date? The application for extension will be submitted within UK only.

If answer to above is 28 days then following are the queries:

a. Consider visa submitted on 01/02 via Priority service and say we get the visa on 10/02, what will be valid visa start date (legal to stay in UK) - is it 10/02: visa decision date or 10/03: Joining date?
b. Say 10/02, then won't be a problem if I stay in UK without work from 10/02 to 10/03?
c. Say 10/03, then I will be in UK without visa for 1 month from 10/02 to 10/03. Is it not a problem?

If answer to above is 3 months then following are the queries:

d. Consider visa submitted on 01/01 via Priority service and say we get the visa on 10/01, what will be valid visa start date (legal to stay in UK) - 10/01: visa decision date or 10/03: Joining date?
e. Say 10/01, then won't be a problem if I stay in UK without work for 2 months from 10/01 to 10/03? Will this be considered as Absence from UK? WIll be a problem while ILR?
f. Say 10/03, then I will be in UK without visa for 2 months from 10/01 to 10/03. Is it not a problem?

2. I've seen mixed answers on working for old employer after new visa stamped. What is the correct answer?
Can we work for old employer (till its visa expiry date, in my case 15/02/2017) until start date of new employer (in my case 09/03/2017) after receiving new visa?

Please help me as this is very urgent.

Many thanks.

[Pavkum]

Hi Guys,

Request you to please help me in answering the queries. Many thanks.

[Pavkum]

Hi Experts,

Please can I request any of your advice ASAP? Thanks in advance for your inputs.

[hassanh]

3 months within the COS issue date.

d) visa start date will be 10/01 but you should only be able to start work for Employer 02 on the start date on COS which is 10/03/2017.

If this is the case then you would only be able to work for Employer 01 till 15/02/2017 as this will be the work end date for employer 01 mentioned on COS.

You will only remain jobless for around 1 month which should not be a problem at the time of ILR.

Helpful Advice: Changing jobs closer to expiry of current visa is very risky. Have you made arrangements with Employer 01 to issue you a COS if your visa with Employer 02 is refused? Has your current employer got COS allocations for this year so that they can issue you the COS if any thing goes wrong with other visa application.

Has Employer 02 completed full and proper RLMT?

Thanks,
Hassan

[Pavkum]

Hi Hassanh,

Many thanks for your inputs which really helps.

I'll be scheduling an meeting with current employer in next few days to discuss the same. Meanwhile, my new employer has taken all my relevant documents to process the visa.

Where can I get the information in writing in gov.uk site about 'working for old employer'? Please can you advise? I can see below statement but it is not clear as some blogs said that your current permission to stay is invalid once the new visa get stamped.

"You can continue working for your previous sponsor until the start date on your new certificate of sponsorship if your current permission to stay is still valid."

Many thanks for your help again!!

[hassanh]

You can continue working for your previous sponsor until the start date on your new certificate of sponsorship if your current permission to stay is still valid

The above is correct as this is mentioned in policy guidance (Version 11/2016 page 55). You can serve the notice period with your old employer provided you have valid leave which you will have but in your case you will only be able beyond the end date of COS provided by your old employer which should be 01/02 I believe.

Thanks,
Hassan

[Pavkum]

Hi Hassan,

Yes, in the current COS provided by old employer, the end date mentioned is 01/02 but the visa end date is 15/02 (+15 days of COS end date).

So as per your sentence, should I be able to work until 01/02 but not until 15/02? Please clarify. Thanks.

[hassanh]

Yes, I believe so. 15/02 would have been valid when you would be extending your visa with the same employer.

Moderators can give more better advise on this but I would say work till 01/02 with you old employer to be on safe side.

Thanks,

[Pavkum]

Many thanks Hassan.

Is it allowed for us to write a letter to the Immigration office UK to get the clarification on this matter? Do you aware of any such email address or office address?

Thanks
Pavan

[hassanh]

You can write to them but it is not necessary that you will get timely response. They will also point you to the policy guidance. I do not know which email address you can contact them.

You can also phone helpline but many members reported that they normally get confusing responses from the telephone helpline.

I think situation is pretty clear for you. If you are changing employer than do not work for old employer after 01/02 to be on safe side. Also, make sure your current employer is ready for your visa extension and also have COS allocations to assign to you in case your change of employment application is refused.

One, more thing I would like to advise, do not ask your current employer to issue you with COS now as one cannot have two live COS at a time. Use the COS provided by second employer first and if application is refused than ask your current employer to issue cos for you for visa extension.

I think this clarifies everything.

Regards,
Hassan

[Pavkum]

Hi Hassan,

Many thanks for your response and also for suggestion.

As you advised, I'll not ask Old employer to issue a COS now. But this query on 'end date' has become important now

Can I work until 15/02 (End date on BRP card) or 01/02 (End date on COS)? I phoned Immigration team and they said 15/02 but as you stated they give mixed answers. Advantage with handing over the notice on 15/02 is I would get more visibility/decision on my new visa by that date and can start with notice confidently.

Any references to documents is really helpful.

Other Experts : Really appreciable for your inputs if you have faced or came across this situation.

[Pavkum]

Any inputs please guys?? Thanks.

[Pavkum]

Hi Guys,

Please post your inputs, thoughts and experiences.

Thanks