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Tier 2 Change Start Date after BRP Received

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

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tristanintheuk
Newbie
Posts: 36
Joined: Wed Dec 31, 2014 1:50 pm
India

Tier 2 Change Start Date after BRP Received

Post by tristanintheuk » Fri Jun 29, 2018 3:57 pm

Hi all,

My friend submitted his Tier 2 Change of Employer application on 13th May. He has successfully obtained a BRP on 2nd June. The start date on the CoS is 2nd July.

He gave notice to his current employer, but his current employer wants him to work until 13th July which is later than the CoS start date.

His new employer suggested the start date can be changed from 2nd July to 16th July. This will give him enough time to serve the notice period for the current employer.

My friend's concern is that this might breach the immigration rules as it seems that he will only be able to work for the current employer until the start date stated on the CoS.

Given that the new employer would agree with the new start date, will my friend be fine to still work for the current employer beyond the start date stated on the CoS?

All comments are welcomed!

Thank you.

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 6:44 pm
Malaysia

Re: Tier 2 Change Start Date after BRP Received

Post by UKLL » Fri Jun 29, 2018 7:15 pm

It'a fine to do that (delay the start date).

Bear in mind it is not a legal requirement to serve the notice period. If your friend wants to go, he can go!

tristanintheuk
Newbie
Posts: 36
Joined: Wed Dec 31, 2014 1:50 pm
India

Re: Tier 2 Change Start Date after BRP Received

Post by tristanintheuk » Fri Jun 29, 2018 7:46 pm

UKLL wrote:
Fri Jun 29, 2018 7:15 pm
It'a fine to do that (delay the start date).

Bear in mind it is not a legal requirement to serve the notice period. If your friend wants to go, he can go!
Thanks for your comment. Have you experienced this before? Or is there any part of immigration rules explicitly explained it?

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 6:44 pm
Malaysia

Re: Tier 2 Change Start Date after BRP Received

Post by UKLL » Sun Jul 01, 2018 8:05 am

Yes you can find the explanation in the immigration rules. Can't remember which one but I have read it explicitly

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CR001
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Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Tier 2 Change Start Date after BRP Received

Post by CR001 » Sun Jul 01, 2018 10:00 am

The relevant immigration rules for Tier 2 Dependent is 'Immigration Rules Part 6a', if you want to Google it.

Alternatively, have a look in the sponsor guidance notes,link below.

https://assets.publishing.service.gov.u ... l_v1.0.pdf
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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