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Application in process while on notice period with employer

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

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perres
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United Kingdom

Application in process while on notice period with employer

Post by perres » Tue Jul 18, 2023 4:48 pm

British woman here, posting first time :) looking for advice about a situation I'm in with a prospective tenant on a skilled worker/tier visa. This is in Leeds if the location matters for any of this:

I am looking to rent a spare room in my house to a guy on a skilled worker/tier visa and was checking his right to rent as required by current home office rules.

I discovered his visa extension is in process and is sponsored by his current employer. However, he has submitted his resignation and is on a 2 month notice period. His employer is trying to retain him and so hasn't cancelled his application/sponsorship.

His next employer with whom he has an offer has offered to sponsor him but he says they have been unable to initiate this as his current extension is in process with his current employer as the sponsor. He tells me that his plan is to wait until the current extension is approved, at which point his new employer would then be able to apply to sponsor him, and then he will go through with the new visa processing under the new employer's sponsorship.

My main concern as a potential landlord is whether he will be able to get (what sounds to me like) a complex switch done smoothly and be able to continue working in the UK without interruption.

I have a few questions on potential scenarios for how this might play out:

1. Is it correct that his new employer can't apply to sponsor him until his current application (sponsored by his current employer) is active, and will be able to do this once his current application is approved?

2. His original visa has already expired. What would happen if the current employer were to now withdraw their sponsorship? Would he need to leave the country immediately or does he get time for the new employer to apply to sponsor him and get the visa processed under the new sponsorship?

3. As he's on a 2-month notice period with his current employer, what would happen if his notice period expires and he's still not got his visa extension (under the current sponsor) by that time? Would his right to remain expire with the end of his notice period?

4. Assuming it's true that his new employer will be able to apply to sponsor him once his current application is approved, what would happen if his current application is approved only a week or two before the new employer is expecting him to join work? Would the new employer be able to hire him while his new visa application (with the new employer's sponsorship) is still being processed?

I wonder if I'm better off renting to someone without visa complexities but he seems like a nice guy and his income is good so expect him to be able to pay rent without a hitch, if his visa isn't a problem.

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
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Re: Application in process while on notice period with employer

Post by Frontier Mole » Wed Jul 19, 2023 12:44 am

For a simple room rental - way too much going on here. The whole scenario is not worth the effort. The if, buts and maybes here are like a chess game, it could all work out, it may not, it could change along the way.

There is nothing wrong in essence with the story but it is less than credible - going through with a visa application is expensive, binning it off after two weeks or so… very unlikely.

Point 1 - if there is COS in the system already another Sponsor can not issue another one - so that is accurate

Point 2 - this is messy. Technically if his current employer withdraws their sponsorship he would be here without leave and that would mean you can’t rent to him. As the visa is expired he can’t have existing rights maintained and would be an overstayer.

Point 3 - if he does not have leave he can’t work and the notice period is irrelevant

Point 4 - new employer can not hire him until he has new visa for the new employer

razergd1
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Posts: 123
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Application in process while on notice period with employer

Post by razergd1 » Wed Jul 19, 2023 6:41 am

perres wrote:
Tue Jul 18, 2023 4:48 pm
British woman here, posting first time :) looking for advice about a situation I'm in with a prospective tenant on a skilled worker/tier visa. This is in Leeds if the location matters for any of this:

I am looking to rent a spare room in my house to a guy on a skilled worker/tier visa and was checking his right to rent as required by current home office rules.

I discovered his visa extension is in process and is sponsored by his current employer. However, he has submitted his resignation and is on a 2 month notice period. His employer is trying to retain him and so hasn't cancelled his application/sponsorship.

His next employer with whom he has an offer has offered to sponsor him but he says they have been unable to initiate this as his current extension is in process with his current employer as the sponsor. He tells me that his plan is to wait until the current extension is approved, at which point his new employer would then be able to apply to sponsor him, and then he will go through with the new visa processing under the new employer's sponsorship.

My main concern as a potential landlord is whether he will be able to get (what sounds to me like) a complex switch done smoothly and be able to continue working in the UK without interruption.

I have a few questions on potential scenarios for how this might play out:

1. Is it correct that his new employer can't apply to sponsor him until his current application (sponsored by his current employer) is active, and will be able to do this once his current application is approved?

2. His original visa has already expired. What would happen if the current employer were to now withdraw their sponsorship? Would he need to leave the country immediately or does he get time for the new employer to apply to sponsor him and get the visa processed under the new sponsorship?

3. As he's on a 2-month notice period with his current employer, what would happen if his notice period expires and he's still not got his visa extension (under the current sponsor) by that time? Would his right to remain expire with the end of his notice period?

4. Assuming it's true that his new employer will be able to apply to sponsor him once his current application is approved, what would happen if his current application is approved only a week or two before the new employer is expecting him to join work? Would the new employer be able to hire him while his new visa application (with the new employer's sponsorship) is still being processed?

I wonder if I'm better off renting to someone without visa complexities but he seems like a nice guy and his income is good so expect him to be able to pay rent without a hitch, if his visa isn't a problem.
This is all irrelevant. As a landlord you just need to establish statutory excuse before letting.


If he has a current on going application use this form to apply for manual check,

https://eforms.homeoffice.gov.uk/outrea ... ation.ofml

If you get a positive response then you don't need to check again until the excuse expires.
I think that they are giving at least 12 month statutory excuse if the application is valid.

Otherwise, it is his responsibility to maintain status. Once you have statutory excuse you don't need to conduct further checks until this expires.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

perres
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Posts: 4
Joined: Tue Jul 18, 2023 4:07 pm
United Kingdom

Re: Application in process while on notice period with employer

Post by perres » Wed Jul 19, 2023 12:43 pm

Thanks, the checking service shows I can let to him (green report), valid until next July but just wary in case his visa doesn't get renewed and he can't stay in the country. I'll have to find another tenant at short notice

perres
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Posts: 4
Joined: Tue Jul 18, 2023 4:07 pm
United Kingdom

Re: Application in process while on notice period with employer

Post by perres » Wed Jul 19, 2023 12:45 pm

Frontier Mole wrote:
Wed Jul 19, 2023 12:44 am
For a simple room rental - way too much going on here. The whole scenario is not worth the effort. The if, buts and maybes here are like a chess game, it could all work out, it may not, it could change along the way
That's I was thinking but as this is the first time I'm seeing such a situation wasn't sure how complicated things get with employer changes on such visas, but looks like this is indeed a complicated one

perres
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Posts: 4
Joined: Tue Jul 18, 2023 4:07 pm
United Kingdom

Re: Application in process while on notice period with employer

Post by perres » Wed Jul 19, 2023 12:46 pm

razergd1 wrote:
Wed Jul 19, 2023 6:41 am
This is all irrelevant. As a landlord you just need to establish statutory excuse before letting.


If he has a current on going application use this form to apply for manual check,

https://eforms.homeoffice.gov.uk/outrea ... ation.ofml

If you get a positive response then you don't need to check again until the excuse expires.
I think that they are giving at least 12 month statutory excuse if the application is valid.

Otherwise, it is his responsibility to maintain status. Once you have statutory excuse you don't need to conduct further checks until this expires.
Thanks, the checking service shows I can let to him (green report), valid until next July but just wary in case his visa doesn't get renewed and he can't stay in the country. I'll have to find another tenant at short notice

razergd1
Member
Posts: 123
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Application in process while on notice period with employer

Post by razergd1 » Wed Jul 19, 2023 10:29 pm

If he agrees to sign 12 month tenancy you can charge and he has to leave you can charge reasonable reletting costs to his deposit.

I don't think you should be involved in the visa situation other then establishing his RTR.

But this is just my opinion also, if it is a person with two sponsored job offers he's probably a talented person. This will get sorted out.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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