Tier 2 in-country application

[TheBlade]

Hi,

I have been offered a new job and they are happy to provide a Tier 2 (General) for me. They have advertised the vacancy for 28 days, acquired sponsor licence, and applied for a CoS, which is expected to be approved on 11th September. Given the difficulties with appointments, I was advised by an immigration consultant to resign from my current job in the UK once CoS is granted and application is submitted, so I could start working at the new employer earlier. I would like to start at new position as soon as possible, however I am worried that if application is eventually rejected I will be out of both jobs.

So the question is: how big of a risk is to resign before the Tier 2 application is approved? I was told that CoS is the hardest part and that I am relatively safe to resign once it is granted. Also, I would normally have to apply for Tier 2 outside of the UK.

Thanks!

[Tash87]

Your resignation should depend on the startdate on your cos. You can start work for new employer on start date mentioned on cos before your visa is granted but you can’t be sure it will be granted if it’s rejected you will have to quit also you can never be sure how long it takes as some people have been waiting since months.
Cos is not the most difficult thing getting visa is, visa can still be rejected even if you have a valid cos.

[pbpk123]

Hi
I am in similar situation and not sure if I can start my job without having any valid visa.

My job contract is ending with my current employer on 30 Sept 2020
My current visa is expiring on 14 Oct 2020
New job start date on CoS is 5 Oct 2020.

I have already applied for the visa on 18th August and currently waiting for biometric email from UKVCAS.
if not allowed to start my job before getting new visa then I will be in difficult situation with no earnings during that period.

[Tash87]

Start date can be pushed back by 28 days after visa is granted. But before visa is granted you can’t start work unless the given start date has started.

[TheBlade]

Hi
I am in similar situation and not sure if I can start my job without having any valid visa.

My job contract is ending with my current employer on 30 Sept 2020
My current visa is expiring on 14 Oct 2020
New job start date on CoS is 5 Oct 2020.

I have already applied for the visa on 18th August and currently waiting for biometric email from UKVCAS.
if not allowed to start my job before getting new visa then I will be in difficult situation with no earnings during that period.

You can start working for your new employer without an approval visa since you have already applied for one. My original question was more to do with the notice period at my current employment, as timings on visa approval are currently uncertain.

[CR001]

Your employment notice period is nothing to do with the immigration or visa process. It is only relevant to your contractual obligations with your employer and the contract you signed.

Your choice when you resign. No one on the forum can tell you when yo do that.

Note that if you leave your current employer before a new visa is decided, you will have no job if the visa is refused.

[Zerubbabel]

Code: Select all

I was advised by an immigration consultant to resign from my current job in the UK once CoS is granted and application is submitted, so I could start working at the new employer earlier.

This sounds like a "hold my beer" moment.

Just think what can go wrong.

[TheBlade]

If your leave expires after 31 August 2020
You can submit an application form from within the UK where you would usually need to apply for a visa from your home country.

You’ll need to show your application is urgent, for example if you need to start a new job or course of study, please provide full details of this in a covering letter with your supporting documents.

You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country.

This is being kept under review.

https://www.gov.uk/guidance/coronavirus ... -residents

Anyone has any ideas what period qualifies as 'urgent' and what to write in the covering letter? Seems to be somewhat vague.