sw visa. start work before visa decision

[Johnny333]

hi all,

it was (maybe still is) allowed to start work before visa decision due to covid situation. however, today i checked gov.uk site and found that they introduced deadline 01 jan 2021...

"You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS) and either:
you’re applying under the Health and Care visa
it was assigned before 1 January 2021
you submitted your application before your current visa expired and you show your sponsor evidence of this the job you start is the same as the one listed on your CoS

If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them. You should either leave the UK or seek to regularise your immigration status if this happens.

If your CoS is assigned from 1 January 2021 and you are not applying under the Health and Care visa, you must wait until your visa application has been granted before starting work, unless your current visa allows you to work in that job."

at the same time in guidance for sponsors there is no such condition:

https://www.gov.uk/guidance/coronavirus ... 5-sponsors

"you may allow employees to start work before their visa application has been decided if:

you have assigned them a CoS
the employee submitted their application before their current visa expired
the role they are employed in is the same as the one on their CoS"

so which guidance to follow?

both docs were updated on 23rd of Dec.

[rockstar0710]

Hi Johnny,
If visa is refused, can I still go back to my previous employer, or its deemed canceled?
Thanks

[vtox_g]

hi all,

it was (maybe still is) allowed to start work before visa decision due to covid situation. however, today i checked gov.uk site and found that they introduced deadline 01 jan 2021...

"You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS) and either:
you’re applying under the Health and Care visa
it was assigned before 1 January 2021
you submitted your application before your current visa expired and you show your sponsor evidence of this the job you start is the same as the one listed on your CoS

If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them. You should either leave the UK or seek to regularise your immigration status if this happens.

If your CoS is assigned from 1 January 2021 and you are not applying under the Health and Care visa, you must wait until your visa application has been granted before starting work, unless your current visa allows you to work in that job."

at the same time in guidance for sponsors there is no such condition:

https://www.gov.uk/guidance/coronavirus ... 5-sponsors

"you may allow employees to start work before their visa application has been decided if:

you have assigned them a CoS
the employee submitted their application before their current visa expired
the role they are employed in is the same as the one on their CoS"

so which guidance to follow?

both docs were updated on 23rd of Dec.

Hey Johnny,

I wanted to get clarity on a similar situation - in the above link at the end of the article they do say that

These arrangements will apply until 30 September, when they will be reviewed. (I am assuming this is out of date)

In my situation, I got the offer and they are ready to sponsor they will start the process on the first week on Jan 2021. And my current employment will come to an end my 8th Jan. So my question - What if I get the curtailment letter soon after the end of my employment in this case ill have time till 20th March including curtailment time to process the application and get the new BRP.

So, according to Johnny's post above if the COS is assigned after 1st Jan 2021 one can not start employment till the new visa is granted. What if I don't get the decision by 20th March, will I be breaking any visa rules here, please recommend a safe available option.

Thank you in advance..

[CR001]

Hey Johnny,

I wanted to get clarity on a similar situation - in the above link at the end of the article they do say that

These arrangements will apply until 30 September, when they will be reviewed. (I am assuming this is out of date)

In my situation, I got the offer and they are ready to sponsor they will start the process on the first week on Jan 2021. And my current employment will come to an end my 8th Jan. So my question - What if I get the curtailment letter soon after the end of my employment in this case ill have time till 20th March including curtailment time to process the application and get the new BRP.

So, according to Johnny's post above if the COS is assigned after 1st Jan 2021 one can not start employment till the new visa is granted. What if I don't get the decision by 20th March, will I be breaking any visa rules here, please recommend a safe available option.

Thank you in advance..

1. You should start your own topic instead if tagging onto another members thread.

2. Curtailment letters take a few months and are only sent if you have more than a couple of months left on your current visa.

3. As long as you make an application for a new job/sponsor before your current visa expires, you are fine to wait. You cannot work though, in any capacity, if you have left your current tier 2 sponsor.

[vtox_g]

1. You should start your own topic instead if tagging onto another members thread.

2. Curtailment letters take a few months and are only sent if you have more than a couple of months left on your current visa.

3. As long as you make an application for a new job/sponsor before your current visa expires, you are fine to wait. You cannot work though, in any capacity, if you have left your current tier 2 sponsor.

Hey CR001, Thank you

1) Apologies - will do it next time

2) This is clear

3) Just wanted to be clear here - say my last day in the UK is 31 March 2021 according to the curtailment letter and I have not yet received my visa decision so it's ok to wait till I get the decision?

Just want to be clear and prepare for the worst - Thank you for your help.