new employer insisted i tender resignation first

[harris_1980]

dear all

i am a work permit holder, valid for 5 years, issued before november 2008, currently in country, my work is under shortage occupancy list, salary is above the minimum band (>£32K isnt it?)

i have got a better job offer, similar category, with another employer, and after reading enough threads in this forum, i understand i will need to switch from work permit to tier2(g).

but my prospective employer absolutely insisted that i tender resignation (3-month notice) prior to them applying for CoS from Home Office.

now why do they insisted on that? I thought they could apply for my CoS right away with minimal problems, and lets say i decided to make a u turn and walk away from the offer, they can always withdraw that CoS back, isnt it?

what do you think really going on at the other side of the table? this is lookin dodgy by the minute...

[arsenal49]

ask them to tell you where on ukba site such requirement exist...

im with you on this... sounds dodgy... but lets not jump to conclusions

[harris_1980]

arsenal,
just to make sure i understood you,
chances are, i dont have to resign, and there is no such requirement by UKBA, isnt it?

[geriatrix]

The (new) employer is trying to make sure that the chance of "you walking away" from the offer is reduced to the minimum. Just protecting their "interests"!

Can they demand that you submit your resignation letter first, before they apply for your sponsorship? Perhaps.
Should they? Anyone's guess!
Is this a UKBA requirement? No.


regards

[mt_dilber]

stupid requirement. if they secure a COS for u and u get new tier 2 visa, u will not be able to work for prev employer anyway...

[mt_dilber]

but the question is, what if u resign but unable to get tier 2 due to any unexpected reason??

[harris_1980]

team,
thank you for the responses

per dilber reply, i will not be able to work for previous employer after CoS is issued by new employer, but what if, at that time, i am still serving my notice period with prev employer?

can anyone comment on this catch 22 situation?

[geriatrix]

team,
thank you for the responses

per dilber reply, i will not be able to work for previous employer after CoS is issued by new employer, but what if, at that time, i am still serving my notice period with prev employer?

can anyone comment on this catch 22 situation?

You can work for your employer up until the joining date specified in the new CoS.

Grant of a CoS by a new (potential) employer doesn't affect your ability to work for your current employer. Likewise, issue a new Tier 2 leave doesn't affect this ability up until - the expiry of your notice period / issue date of (new) Tier 2 leave / start date of new job.


regards

[harris_1980]

thanks for the reply, this forum has always been a great help!!