please explain part 9: grounds for refusal - 323AA (za)

[kk1612]

Hi moderators can please explain me the new rule 323AA (za).
I am currently on tier 2 general visa valid until March 2019 and I am eligible for ILR 0n 3rd April 2018. But, for some reasons, I have to change the sponsor now.
I have a premium appointment on 15th Feb and my tentative job start date in COS is 05-March-2018. My employer is happy to postpone the start date for whichever date I like.

My question is :
Is it ok to postpone the start date to 28 days from COs start date (05-March-2018) so that new start date will be 01-April-2018( which is Sunday, so it will be 02-April-2018 which is 29 days later)
or
should I calculate the 28 days from visa issued date 15-Feb-2018 so the new date will be 14-March-2018?

I am bit confused, below rule is saying that prohibited whichever is later.

“(za) If a migrant is a Tier 2 (General) Migrant, their start date is changed to
a date more than 28 days from either of the following, whichever is
later:

(i) the date on which their entry clearance or leave to
remain is granted; or
(ii) the start date as stated on their Certificate of
Sponsorship, taking into account any changes to the
start date that have been properly reported by his
employer before the date on which entry clearance or
leave to remain is granted.”.

Thanks

[UKLL]

Hi moderators can please explain me the new rule 323AA (za).
I am currently on tier 2 general visa valid until March 2019 and I am eligible for ILR 0n 3rd April 2018. But, for some reasons, I have to change the sponsor now.
I have a premium appointment on 15th Feb and my tentative job start date in COS is 05-March-2018. My employer is happy to postpone the start date for whichever date I like.

My question is :
Is it ok to postpone the start date to 28 days from COs start date (05-March-2018) so that new start date will be 01-April-2018( which is Sunday, so it will be 02-April-2018 which is 29 days later)
or
should I calculate the 28 days from visa issued date 15-Feb-2018 so the new date will be 14-March-2018?

I am bit confused, below rule is saying that prohibited whichever is later.

“(za) If a migrant is a Tier 2 (General) Migrant, their start date is changed to
a date more than 28 days from either of the following, whichever is
later:

(i) the date on which their entry clearance or leave to
remain is granted; or
(ii) the start date as stated on their Certificate of
Sponsorship, taking into account any changes to the
start date that have been properly reported by his
employer before the date on which entry clearance or
leave to remain is granted.”.

Thanks

By reading it literally, in your case it will be 28 days after the start date as stated on your CoS, which is 28 days after 05 March 2018.

[UKLL]

02 April 2018 is a Bank Holiday by the way

[kk1612]

Hi UKLL,
Thank you for your reply.
The part 9 - 323AA(za) is about changes that are prohibited. Please see below for all about 323AA(za).

323AA Prohibited changes to employment for Tier 2 Migrants and Tier 5 Migrants
The following are prohibited changes, unless a further application for leave to remain is granted which expressly permits the changes:
(za) If a migrant is a Tier 2 (General) Migrant, their start date is changed to a date more than 28 days from either of the following, whichever is later:
(i) the date on which their entry clearance or leave to remain is granted; or
(ii) the start date as stated on their Certificate of Sponsorship, taking into account any changes to the start date that have been properly reported by his employer before the date on which entry clearance or leave to remain is granted.

My questions is.
28 days from my cos start date 05-March-2018 (which is later date) is still ok but more than 28 days from cos start date is not allowed. Am I correct?
Again, 28 days from 5th march is 1st April which is Sunday and 2nd April which is holiday so I have to start on 3rd April which is 30 days from cos start date. Will this be a problem? Are 28 days including public holidays?

Thanks

[UKLL]

Hi UKLL,
Thank you for your reply.
The part 9 - 323AA(za) is about changes that are prohibited. Please see below for all about 323AA(za).

323AA Prohibited changes to employment for Tier 2 Migrants and Tier 5 Migrants
The following are prohibited changes, unless a further application for leave to remain is granted which expressly permits the changes:
(za) If a migrant is a Tier 2 (General) Migrant, their start date is changed to a date more than 28 days from either of the following, whichever is later:
(i) the date on which their entry clearance or leave to remain is granted; or
(ii) the start date as stated on their Certificate of Sponsorship, taking into account any changes to the start date that have been properly reported by his employer before the date on which entry clearance or leave to remain is granted.

My questions is.
28 days from my cos start date 05-March-2018 (which is later date) is still ok but more than 28 days from cos start date is not allowed. Am I correct?
Again, 28 days from 5th march is 1st April which is Sunday and 2nd April which is holiday so I have to start on 3rd April which is 30 days from cos start date. Will this be a problem? Are 28 days including public holidays?

Thanks

I don't know sorry, and my answer was based on reading the paragraph literally (that 28 days from CoS start date 05 March 2018 is OK but more than 28 days from CoS start date is not allowed)