CoS start date passed while waiting for visa

[Keila]

Hi Everyone,

I was told I could start in my new role while I waited for my new Tier 2 visa, as long as I applied before my previous one expried (Oct 10).
However, HR at my new position is not letting me start work until I have my new BRP. I had my biometrics taken on Oct 3, but the window is 8 weeks.
So, I thought in the meantime I could continue working for my previous sponsor. But my CAS was dated October 1. After doing some research, I now think I cannot work for my previous employer becuase my CAS date has passed and in 3 days my previous visa will expire.

Can anyone clarify if I can continue working for my previous employer while I wait for my new Tier 2 visa?

Also, for peace of mind, is it true that you are not allowed to travel if you have applied for a new visa? I waited until I was back from my travels (mid-september) to apply-- which is why this has caused such a problem. I just want validation that I had to wait until I was back before applying...

Any advice is most appreciated.

Keila

[CR001]

Can anyone clarify if I can continue working for my previous employer while I wait for my new Tier 2 visa?

You can only work for your sponsor as long as you have a valid visa to work for them. Have they not asked you if you are applying for an extension with them?

When you get your new visa, only then can you work for the new sponsor.

You mention CAS, which is relevant to a tier 4 student visa. A CoS is tier 2.

Correct that you cannot travel while an application is pending.

[Keila]

Thank you for clarifying.
My previous sponsor didn't ask for an extension because my 3 months leaving notice was before my visa expired. I thought I could start working for my new employer so long as I had applied... Lesson learned that is not the case.

Am I even allowed to stay in the country? My visa application has been submitted, biometrics taken, but my current visa expires in 3 days.

[CR001]

Am I even allowed to stay in the country?

Yes, as you have submitted an application before your visa expires. You cannot work though if you have already left your previous sponsor.

[Keila]

Thanks for the advice.
Fingers crossed the application is quick.

[Keila]

I am waiting my Tier 2 visa and have come across this web page
https://workpermit.com/news/uk-visa-cha ... s-20180220

that states:

Tier 2 (General) Visa
Tier 2 Visa guidance notes have been updated to clarify that an applicant’s Tier 2 (General) Visa employment start date cannot be put back by more than 28 days, after leave has been granted, or by more than 28 days once the start date on a Certificate of Sponsorship has become active, whichever is the later.

My CoS start date was October 1st, my biometrics apppointment was October 3rd and I did not do the priority service. In hindsight I should have but I did not have a spare £800 lying around and I was under the wrong impression I could start my new job in the meantime. Due to travelling and the availability of appointments, Oct 3rd was the earliest I could get my biometrics done. SO with the new information above, does this mean I have till October 28th (28 days since my COS date) to start work? Or, once I am granted leave, then I have 28 days to start?

Any advice would be great.