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Start work before BRP arrives

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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pr1
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Start work before BRP arrives

Post by pr1 » Tue Nov 05, 2019 12:44 pm

I had applied for Tier-2 General Change of Employer Visa last month using Super Priority. But due to technical error at their end this was delayed. Finally I have received the approval email today! Now have to wait for the BRP to arrive.

The employer's lawyer has said that I can start work now even without BRP. But I can see the below here: https://www.gov.uk/tier-2-general/extend-your-visa
"You should not start your new job until you’ve received your biometric residence permit with your new permission."

I can see some posts on this forum that say you can begin work from your CoS start date even if you haven't received BRP. Is this correct? I want to apply for ILR soon and don't want this to affect my application. So would like a confirmation.

auslander
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Re: Start work before BRP arrives

Post by auslander » Tue Nov 05, 2019 9:07 pm

Depends what is written in your approval email.

pr1
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Re: Start work before BRP arrives

Post by pr1 » Tue Nov 05, 2019 10:21 pm

auslander wrote:
Tue Nov 05, 2019 9:07 pm
Depends what is written in your approval email.
Below is the email content:

Your application under Tier 2 General of the Immigration Rules has been successful.
You will receive your Biometric Residence Permit (BRP) by courier within 7 working days. It is your BRP, not this letter, that is the official document that grants you leave to remain in the UK (permission to stay) until 17 Jan 2020.

You will need to prove your identity and sign for the BRP when it is delivered to you. If you do not receive your BRP within 10 working days, please visit https://www.gov.uk/biometric-residence- ... ot-arrived.

If you hold a Biometric Residence Permit (BRP) because your leave has expired, or you were issued with a replacement you must now return it to the Home Office as it no longer valid. You should cut the card in half and post it in a plain, windowless envelope. If you are returning the BRP from within the UK then please send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. If you are returning the BRP from outside of the UK please send it to: BRP Returns, Home Office, Conference House, Conference Avenue, Portishead Office Park, Portishead, Bristol. BS20 7LZ. You may be subject to a financial penalty of up to £1,000 if you fail to return your old BRP.

If your BRP is lost, stolen or damaged you must tell the Home Office or risk a financial penalty. Details about reporting lost, stolen or damaged BRPs are on our website at: https://www.gov.uk/biometric-residence- ... en-damaged.

If you would like more information about the BRP, please visit https://www.gov.uk/brp.

Conditions of your grant of leave
Your BRP will contain ‘remarks’ which set out the conditions of your grant of leave. Further conditions are set out in this letter. It is a criminal offence to fail to comply with the conditions of your leave.

Conditions set out in your BRP
The following explains what the remarks on your BRP mean:

Remark: “RESTRICTED WORK”, followed by your certificate of sponsorship reference number
Employment allowed:

working for your sponsor in the job described in your certificate of sponsorship (including any permissible changes that have been reported to the Home Office by your sponsor). The main details of this job are as follows:

Sponsor: REMOVED EMPLOYER NAME
Job title: REMOVED JOB TITLE
Salary (incl. allowances): £37500.00
supplementary employment, namely work outside your normal working hours for your sponsor of up to 20 hours per week, either in a job on the Shortage Occupation List, or in the same profession and at the same professional level as the job described in your certificate of sponsorship

voluntary work (no payment except reasonable expenses) as defined in section 44 of the National Minimum Wage Act). For full details, please visit http://www.opsi.gov.uk/acts/acts1998/uk ... 80039_en_1

If you were lawfully employed in the UK when you made this application for leave to remain, you may continue in that employment until the start date of your new job, as stated on your certificate of sponsorship.

Employment not allowed:

any other employment

you cannot take supplementary employment if you are no longer working in the job and for the sponsor described in your certificate of sponsorship

Remark: “NO PUBLIC FUNDS”
You cannot claim public funds

Other conditions that apply to you
Study
You are subject to the condition regarding the Academic Technology Approval Scheme (ATAS) as set out in Part 15 of the Immigration Rules. For guidance on whether you need to obtain an ATAS clearance certificate for your intended course, check https://www.gov.uk/guidance/academic-te ... val-scheme

Additional Information
Immigration health surcharge
If your BRP shows that you have been granted a shorter period of time (leave) than you applied for, some of your immigration health surcharge payment may be refunded. For further information on refunds of the immigration health surcharge, please visit https://www.gov.uk/healthcare-immigrati ... on/refunds

Travelling out of the UK?
Do not book travel until you receive your BRP. Doing so may mean that you fail to receive your BRP and that puts you at risk of being unable to prove that you have leave to remain in the UK, and of being refused re-entry into the UK.

If you think an error has been made
If you think an error has been made on your BRP, for example the length of leave granted, or your conditions, you can ask for an Administrative Review. You have 14 days from when you receive your BRP to apply for an administrative review.

Information on how to apply for administrative review, the process and the fees payable are all available online at: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

The administrative review application form is available online at: https://eforms.homeoffice.gov.uk/outrea ... dance.ofml

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

pr1
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Re: Start work before BRP arrives

Post by pr1 » Thu Nov 07, 2019 5:52 pm

Any ideas anyone?

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