New employer offer canceled after BRP issued - before notice

[maurice0560]

Hello,

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 ?
2) What's the absolute last date I can continue to work for my current employer ?
3) When do I have to leave the UK, assuming I decide not to seek new employment ?

Kind Regards,
Maurice

[UKLL]

Hello,

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]

Strange 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.

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.

[UKLL]

Strange 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.

[Frontier Mole]

The 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.

I have looked at the possibility of cancelling the visa that will come into play as at 1/4 as a solution and it is technically possible but there is no caseworker guidance that I can find that covers this.
If I get time today I will hunt out someone who knows.

[Morrison95]

The 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

I find myself in a similar situation. Would the extension CoS be subject to RLMT?

[Frontier Mole]

No - because you are still doing the role - this assumes you have not gone beyond the start date on the new BRP.

[Morrison95]

No, thankfully not, have received my new BRP but the start date on the new CoS is only in two months. Have informed my current employer of the situation. My new sponsor has not withdrawn the new CoS yet, assume they would have to do that before my current employer applies for the extension?

[Frontier Mole]

If you don’t start with the new employer they have to notify the Home Office- they can withdraw your sponsorship at any point before the start date too.

You 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.

[Morrison95]

You 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 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?

[Morrison95]

You 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 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?

To clarify my question above, are you referring to the start date on the CoS or the issue date of the BRP?

[Frontier Mole]

Start date of BRP is what matters. It is the valid from date.

[Morrison95]

Start date of BRP is what matters. It is the valid from date.

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).

As the issue date on the BRP was last month, it sounds like an extension is not possible based on your feedback and they would have to do a new application? I have confirmed that the role is not subject to RLMT so the application could be done fairly swiftly.

Can I continue to work for them pending the outcome of the new application?

Also, can you perhaps advise whether this application can go ahead without having to withdraw the CoS issued by the new sponsor, should that still workout I would then have a back up offer?

[Frontier Mole]

218. It is recommended that you do not start work for your sponsor until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree you can start work before you have your BRP, both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

Can you confirm the start date on your BRP - it should not be before the start date of the COS.

[Morrison95]

Can you confirm the start date on your BRP - it should not be before the start date of the COS.

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]

Ok let me come back to you on that point once I make further enquires. My understanding is that a BRP will be issued to cover the period of employment only and hence the valid from date would match the COS start date.

Your previous employer has no access to the new employers information or COS so how would they know what the start date is on the COS.

Out 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

[Morrison95]

Out 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

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).

My company has been advised that they have to apply for a new visa but that I can work here pending the outcome of the new Visa application as the start date on the CoS is only in July.

Out of interest, my offer from the new sponsor came through but I have decided to stay with previous sponsor. Would the CoS that the new sponsor issued have to be withdrawn to enable the previous sponsor to make the new visa application? From my perspective I would prefer not as I then still have a fallback offer should the new application fail for any reason.

[Frontier Mole]

The new employer COS is marked as “used” at the point a visa application decision is made. So it is now dead in the system and is not a barrier to a new COS being issued.

For the sake of tidying up things for the new employer they should inform the Home Office that they are withdrawing your sponsorship. They can do that now or no later than 10 days after the start date on the COS.

[Morrison95]

Thanks, appreciate the feedback and advice