Tier 2 change of employer - visa still pending, start date on CoS has passed

[Frisian]

Hi,

I am in a tight situation. I go for standard service. I am still waiting for the new visa and I also haven’t given notice to my old employer. They already knew I am leaving but ask me to give notice later.

The start date in my new CoS was 15/7/18 and it is 22/7 now. Will the start date in New BRP be adjusted to a reasonable date?

If my new job start date on BRP is immediately after I receive it, it is illegal to work for my old employer right?. So is my old employer obliged to let me go by law without me serving the 8 weeks notice?

Thank you for your help.

[Frisian]

Hello,

I applied for a new Tier 2 visa via standard service 4 weeks ago. My original start date on the CoS (15/7/18) has passed and I am still waiting for my new Tier 2 visa approval (another 4 weeks probably)

The start date is unrealistic. Would this invalid start date cause a problem in my application?

Does my new employer need to update Home office for a new start date ?

If I don’t have enough time to serve 8 weeks notice period for my old employer upon receiving my new BRP, will they be understanding?

Thank you.

[UKLL]

The start date on your CoS is for reference only. Your new BRP will have a different issue date and not the start date on the CoS. Your new employer does not have to update the Home Office for now until a decision is made. Once you receive your new BRP your employer can change your start date to a later date (no later than 28 days from the start date on your CoS or issue date on your BRP, whichever is later). You will not be able to serve 8 weeks notice and your old employer will have to understand as by law they cannot employ you once you have got your new visa.

[Frisian]

Hello,

Thanks for the reply. Once I receive my BRP, is it mandatory for my new employer to update home office my real start date.

Will home office find out that I’m still working for the old employer 28 days after the issue date of BRP?