Is email by Home Office legally binding? (Regarding Tier 2)

[yaman1203]

Ladies & Gents,


I have applied for Tier-2 change of employment and the start date on my new CoS in 14th of May. I doubt if I am going to get a decision before 14th of May.

I need to know when is the last date I can work for my current employer? On the Home Office's website, it says you can continue to work until the start date on the new CoS but my application is not approved yet. I then emailed my case worker and she replied that I can work beyond the start date on the new CoS.

I am not sure until when I can work? If I get an approval letter on let's say 23rd of May and BRP card on 30th of May then can I work for my current employer until 23rd of May or 30th May?

Will working beyond the start date on the new CoS have any negative impact on an ILR application.

[cyclina1]

Yes. You are under 3C and you can work until the decision is made.

[yaman1203]

Thank you for your reply. I have a valid leave to remain until 2020 which entitles me to work for my current employer. The issue is I just don't know what is the last date that until I am allowed to work for my current employer.

[yaman1203]

I have been worried about the start date on the new CoS for my new employer. The start date is 14th of May which is next Monday and I have not received any decision on my application.

Because the application was a priority postal application, I received an email from one of the staff of the Home Office that my application has been delayed because of an exceptionally complex issue.

I went ahead and asked the contact at Home Office that can I continue to work for my current employer beyond 14th of May? I have a valid leave to work for my current employer until March 2020. I received the below reply from the Home Office.


"Yes, you are able to continue to work for your current employer beyond the start date on the Certificate of Sponsorship for your new employer – XXXXXXXXXXX.

I have contacted your new employer XXXXXXX Ltd to confirm some details.

Hope this helps.



Regards

XXXXXXX
AO
TMT15 - Tier 2 & 5"


Is this email legally binding?

Next year I will submit an application for my ILR and I don't want this clause "working beyond the start date on the new CoS" to jeopardize my ILR application.

[CR001]

I am not sure why you are possibly overthinking this. CoS start date is completely separate to visa start date, the latter being the one that is more relevant. A CoS on its own (it is not a visa only a means to getting a visa) does not change your current visa/employer situation.

[yaman1203]

Hi CR001,


Thank you very much for your reply, this is very helpful. Please, may I ask a couple of more queries?

1. Is an email from the Home Office legally binding?

2. What is the cut off date by when I have to stop working for my current employer? I asked the same question to the case worker (I believe) and I got an interesting reply. Perhaps, you will have a better understanding than I do.

"You currently have leave to remain until March 2020 to work for XXXXXXX. If and when you choose to work for your new sponsor is determined by you and your new sponsor providing there are no overlapping periods when you are employed by both at the same time. We are currently making further enquiries into your new application and will be in touch if we require any further information from you."

This second email doesn't exactly give me a cut off date.

[CR001]

You are overthinking this completely.

There is no 'cut off' that you must stop working for your current employer as you don't have your new visa. Even when you get your new visa, you are permitted to serve your current employer notice period and then start with your new employer.

The immigration rules dictate what you can and can't do. Not sure why you need something verified as 'legally binding' when you are doing nothing wrong by working for your sponsor with your current valid visa.

None of this will have an effect on ILR.

[yaman1203]

Hi CR001,


Thank you very much for your reply. This is all very helpful, thank you.


Yaman