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maurice0560 wrote: ↑Fri Mar 15, 2019 8:05 amHello,
I would appreciate your insight on the following situation.
I am currently in the UK on a Tier 2 Visa valid until Sep-2019.
Following an offer from a new employer, I applied and got approval for a new Visa on March-1, with the intention to start with the new employer on Apr-1st.
Before submitting my notice to my old employer, my new employer decided to cancel the offer.
So now I am in the position where :
* I have a new(Valid till 2021) and old BRP(valid Sep-2019)
* my current(old) employer is unaware of the application,
* my new offer is not valid anymore.
My questions are :
1) Can I continue to work for my current(old) employer , using the old BRP terms ?
You don't have an old BRP anymore, your old visa has been cancelled the moment your new visa was issued. You can continue to work for your old employer until 31st March 2019
2) What's the absolute last date I can continue to work for my current employer ?
31st March 2019
3) When do I have to leave the UK, assuming I decide not to seek new employment ?
leave to others to answer, but soon after 31st March 2019
Kind Regards,
Maurice
Frontier Mole wrote: ↑Sun Mar 17, 2019 11:49 pmStrange situation to be in, why was your offer of employment cancelled?
As the previous answer sets out you are unable to work for your current sponsor as of 31/03. You could work for your current Sponsor for 20 hours per week technically.
The most sensible thing to do is to get your current Sponsor to issue with an extension COS - probably at your cost- and then you apply before 31/03. This will protect your current leave and in essence allow you to work for your current employer full time pending the application outcome. Obviously this solution has one major issue- you have to tell your current employer you were going to leave and there is no compulsion for your employer to help you out be issuing a COS.
Can I ask why the current sponsor can issue an extension CoS, if his current visa has been cancelled.
The new BRP / visa you have received for the prospective new employer has to be curtailed for it to be no longer valid, but if the new employer is refusing to take you on then there is very little you can do about it. You would not have to leave the UK until a period of 60 days AFTER you receive the curtailment notice. These notices are rarely received that soon after your Sponsor stops sponsoring you. It could be a few weeks before you receive the notice.
I find myself in a similar situation. Would the extension CoS be subject to RLMT?Frontier Mole wrote: ↑Tue Mar 19, 2019 7:26 amThe current visa is still in play up to 31/3... if his employer is willing to issue an extension COS and the OP applies on or before 31/03 for an extension of his visa as it stands now if will in effect overtake the visa that would come into place on 1/4
Thanks for the reply - just to make sure I understand, my new BRP has been issued but there is no start date on there, the start date communicated to the Home Office on the CoS was only two months from now. I am still working for my current employer in the same role until the start date on the new CoS. Will I be able to follow the extension process you’ve outlined above?Frontier Mole wrote: ↑Tue May 07, 2019 12:02 amYou have to ensure you reapply for an extension with your current employer before the start date on the BRP. Failing to do that will lead to a RLMT to being needed and you will be unemployable by the current Sponsor until that process and the subsequent visa application is completed.
To clarify my question above, are you referring to the start date on the CoS or the issue date of the BRP?Morrison95 wrote: ↑Tue May 07, 2019 6:36 amThanks for the reply - just to make sure I understand, my new BRP has been issued but there is no start date on there, the start date communicated to the Home Office on the CoS was only two months from now. I am still working for my current employer in the same role until the start date on the new CoS. Will I be able to follow the extension process you’ve outlined above?Frontier Mole wrote: ↑Tue May 07, 2019 12:02 amYou have to ensure you reapply for an extension with your current employer before the start date on the BRP. Failing to do that will lead to a RLMT to being needed and you will be unemployable by the current Sponsor until that process and the subsequent visa application is completed.
Thanks - section 218 of the Tier 2 guidance states that I can work for my previous sponsor until the start date on the new CoS (which is only in two months).Frontier Mole wrote: ↑Wed May 08, 2019 8:03 amStart date of BRP is what matters. It is the valid from date.
The issue date of the BRP is 14 April, whereas the start date on the CoS communicated to the Home Office is only 7 July to enable completion of notice period.Frontier Mole wrote: ↑Wed May 08, 2019 8:31 amCan you confirm the start date on your BRP - it should not be before the start date of the COS.
Thanks - much appreciated. Yes, the expiry date on the BRP is 20 July 2022 (at that point would be less than 6 years on combined Tier 2 visas).Frontier Mole wrote: ↑Wed May 08, 2019 1:30 pmOut of interest then - the expiry date on the BRP is that 7th July 2022? This assumes you have a three year COS? Or if it is some other date it would be the end of your six years on Tier 2