Skilled Worker Visa Switching & Resigning Question

[iSolaced]

I'm currently sponsored on a T2 visa at my company and reside in the UK. I've recently signed an offer of employment somewhere else, and my sponsorship application is being submitted through retained immigration lawyers at the new company.

The earliest biometric appointment the lawyers were able to secure was June 8th. I'm due to start at the new company on July 26th, I've got a 2 months notice so this would delay my start date by a few weeks.

Speaking to the lawyers, they said it should be a straight forward application as I meet all the criteria and if they were in my shoes, they would proceed with resigning to meet the start date as the company is very serious and has paid all the fees associated with the application. However, I know the current advice is to stay put until the new visa is in hand prior to resigning.

I'm tempted to resign to meet the start date, but as well don't want anything going wrong during the process and leaving me in a pinch. Would anyone have any advice?

Is there also a significant implication if anything goes wrong in the process? Understand I may have 60 days when my current visa gets cancelled, but would they be able to sort it in that time? Weighing up options as resigning to meet the July 26th makes life much easier

[srsw]

If you go for super priority you'll get result on the same day (if it's straightforward), so I'd not be tempted to resign before I get visa approved.

Maximum delay to start your new job is about a week or 10 days, which the new employer should be ok with. Convince them, but don't put yourself in unnecessary risk.

Best case, try to negotiate with your current employer (after you get your new visa) to relieve you by 25th July and tell you'll work extra hours/few weekends to make up the days.

[lolo2]

However, I know the current advice is to stay put until the new visa is in hand prior to resigning.

You don't need to wait to have your new visa (BRP card) in hand to resign.

Once you receive an email confirming that your application has been successful, you can immediately hand over your resignation letter/email to your current employer.

Receiving your new BRP card can take a few more days - or weeks - after you receive the confirmation email.

That's the best and safest way to proceed here.

[climb2peak]

Been in exactly the same position a month ago...
If your application and immigration history looks good, then don't worry about the application..

I handed my resignation even before my biometrics...my immigration specialist assured (not confirmed) that the application is all good and nothing to worry...

Even I was overthinking about the same but took a chance though I knew there is a risk...it went well and I received my decision in 4 days and waiting to join my new employer.

All the best!!

[manci]

The earliest biometric appointment the lawyers were able to secure was June 8th. I'm due to start at the new company on July 26th, I've got a 2 months notice so this would delay my start date by a few weeks.

You are only allowed to work for your current sponsor until the work start date in the new CoS. Your prospective sponsor can move the work start date back via the SMS or you can follow @srsw's advice about negotiating a reduction in the length of the notice period

Speaking to the lawyers, they said it should be a straight forward application as I meet all the criteria and if they were in my shoes, they would proceed with resigning to meet the start date

The lawyers work for the company, not you, and it is no skin off their noses if your application is unsuccessful.

took a chance though I knew there is a risk...

don't take chances