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Just read this.rajtargotra wrote: ↑Wed Apr 10, 2019 7:42 amHi Mhib,
Many thanks for your reply.
Yeah, that does make sense and we will now try to change her joining date so that she can join within the 28 days rules.
Please can you also advise, now she is joining on a different date as mentioned on her CoS, is it required by her HR to notify Home Office about this change. How the Home Office will get to know whether a person has joined the company or not ?
Many thanks once again.
Regards,
Raj
Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.UKLL wrote: ↑Wed Apr 10, 2019 11:30 pmIt depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.
If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.
Please note serving the notice period is NOT a legal requirement and you do not have to serve it.
You mean if the start date on the CoS is in May she still cannot work for her current employer in April?Frontier Mole wrote: ↑Thu Apr 11, 2019 12:52 amPlease be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.UKLL wrote: ↑Wed Apr 10, 2019 11:30 pmIt depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.
If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.
Please note serving the notice period is NOT a legal requirement and you do not have to serve it.
Respected members, UKVI allows situations where you might have two Tier 2 sponsors at the same time.Frontier Mole wrote: ↑Thu Apr 11, 2019 12:52 amPlease be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.UKLL wrote: ↑Wed Apr 10, 2019 11:30 pmIt depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.
If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.
Please note serving the notice period is NOT a legal requirement and you do not have to serve it.
The above refers to secondary employment and not to change if employer/sponsor. They are two different things.nbhitesh wrote: ↑Sun Apr 14, 2019 1:08 pmRespected members, UKVI allows situations where you might have two Tier 2 sponsors at the same time.Frontier Mole wrote: ↑Thu Apr 11, 2019 12:52 amPlease be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.UKLL wrote: ↑Wed Apr 10, 2019 11:30 pmIt depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.
If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.
Please note serving the notice period is NOT a legal requirement and you do not have to serve it.
Section 232 of Tier 2 Policy Guidance states thus:
"If we approve your secondary employment, we will have to vary your initial grant of leave. You will have 2 sponsors during the period that both your Certificates of Sponsorship are valid. You will be issued a new biometric residence permit (BRP) card indicating that you have secondary employment and a letter which shows employment end dates for each sponsor. You cannot start work with your second sponsor until your application for secondary employment has been approved."
But above response from one of the respected members seems to suggest that one should stop working for Sponsor A before starting work with Sponsor B. But based on the guidance provided, I find it difficult to reconcile the two view points.
Since I am in a situation where I plan to be on a garden leave for Employer A while starting work with Employer B, your views and thoughts would be appreciated.
Thanks in advance.
Secondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.nbhitesh wrote: ↑Sun Apr 14, 2019 4:05 pmCR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers
Thanks CR001 for your quick response. Can you pls provide a link/reference for a situation where secondary employment requires permission from the main tier 2 sponsor (as you have stated above). Is this at the visa application stage or a separate contractual agreement with the employee later? The Secondary Employment section in the Policy Guidance does not mention this point.CR001 wrote: ↑Sun Apr 14, 2019 4:40 pmSecondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.nbhitesh wrote: ↑Sun Apr 14, 2019 4:05 pmCR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers
It is very different to changing sponsors, ie. resigning from one and getting a new visa for the new employer.
1. Link below, page 55 clearly talks about secondary employment which is after the bit about supplementary employment.nbhitesh wrote: ↑Sun Apr 14, 2019 5:05 pmThanks CR001 for your quick response. Can you pls provide a link/reference for a situation where secondary employment requires permission from the main tier 2 sponsor (as you have stated above). Is this at the visa application stage or a separate contractual agreement with the employee later? The Secondary Employment section in the Policy Guidance does not mention this point.CR001 wrote: ↑Sun Apr 14, 2019 4:40 pmSecondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.nbhitesh wrote: ↑Sun Apr 14, 2019 4:05 pmCR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers
It is very different to changing sponsors, ie. resigning from one and getting a new visa for the new employer.
When I applied for a new Tier 2 visa with a new CoS for a different employer, I did not resign from my current sponsor (and I believe this to be the case for most of the Tier 2 holders in similar situation).
Further, while making ILR application, one is entitled to claim salary from either of the two sponsors (but not both).
Going back to my initial concern, I still do not understand why an individual has to stop working for Sponsor A before working for Sponsor B; because, it seems, it is perfectly ok for the individual to be on paid leave with A and start work with B. Then the individual can decide whether to continue both the jobs (and manage time accordingly) or resign from A or resign from B.
Your inputs will be appreciated. Cheers.
You are a classic case of reading the guidance and seeing what you want to see rather than what it actually states.nbhitesh wrote: ↑Sun Apr 14, 2019 5:22 pmThanks Cr001 again for quick response; my concern is closely related to the OP's concern. And the OP has been advised to '...stop working for current employer immediately...'.
Considering the discussions we have had, and considering the provisions of UKVI, the OP could probably stay on paid leave with current employer (if practicable) and at the same time could join the new sponsor straightaway.
Would appreciate an input on why this is not a viable option.