Tier 2 mismatch date question

[wyk126]

Hi
My Wife is about to apply for ILR next week, her route is 5 years continuous working Tier2 to ILR, her Tier2 job starts on January 2014, however her Tier 2 was granted on November 2013, she was working with the previous company under PSW visa during that time because of notice period (Nov and Dec 2013).
Because during that time, she didn't tell the old company until she granted new Tier 2 visa for new company.
Will this be any problem when she apply for ILR?

Thanks
Kevin

[UKLL]

Hi
My Wife is about to apply for ILR next week, her route is 5 years continuous working Tier2 to ILR, her Tier2 job starts on January 2014, however her Tier 2 was granted on November 2013, she was working with the previous company under PSW visa during that time because of notice period (Nov and Dec 2013).
Because during that time, she didn't tell the old company until she granted new Tier 2 visa for new company.
Will this be any problem when she apply for ILR?

Thanks
Kevin

What was the start date stated on her CoS? If the start date for her new job on her CoS was Nov 2013 then in theory this is not allowed. What she did was working for her old company (between November 2013 and January 2014) whilst sponsored by her new company; she also didn't start to work for her company on the first day stated on her CoS. Both are breach of Tier 2 conditions

If the start date for her new job on her CoS was Jan 2014, then should not be a problem.

[wyk126]

Thank you, her HR confirmed that the start date on the CoS is 13 Nov 2013... what should her do? The date of issue is 21 Nov 2013 on the card. We got an appointment on Friday already:(

[wyk126]

Also the PSW was valid until 21 December 2013, so between 21 Decemebr 2013 and 6 Jan 2014, is this a gap?
Do we need to explain in cover letter? if so how do we write it? Help appreciated thanks

[GMO]

Hi! It should be count from the start date of your BRP. Card I believe.

Good luck .

[wyk126]

Thanks GMO, if it's counted from the BRP start date, should we consider the date between BRP start date and actual start date "absence from work"? since her new job not started until 6 Jan 2014. Sorry for the confusing and complicated case...