time to switch employer under tier 2 ict to tier 2 general

[Namrata_Rai]

Hi Sushmedha/Gurus

I have applied for in-country switch from tier 2 ict to tier 2 general under old rules on April 5 2011 which got duly approved for 3 years from May 6.

My questions is that -- How much time do I have to leave my old employer and join the new one. I have heard that I have 2 months to leave my old employer. Is it correct? Please suggest.

[geriatrix]

You must commence employment with the new sponsor / employer on the (joining date) date mentioned in the CoS .. which should be the same as the issue date of the (new) leave granted. If the two dates differ, then start on the issue date.

You cannot work for your current employer beyond the issue date of the new leave.

[Namrata_Rai]

Thanks Susmedha.

The next twist

I am on annual paid leave from my old employer from 6th May(date of my new Visa issue) till June 1st. I plan to go to my old employer on June 1st and inform them of my Visa expiry. This will I will not be working for them but on paid leave. Is it OK?

Sorry for being so twisted

[geriatrix]

No.

Even when on paid leave, you remain a full-time employee of the organisation .... which you cannot be - from 06-May. So you'll be in breach of immigration rules ... and this may lead to trouble(s) for you in the future.

[jack_daniel]

Thanks for ur comments sushd even I had a query similiar to Namrata.
There are some immigration const who says

"The Home Office recognize that people have to serve work notice and therefore will not penalize you for this as you will still have permission to work"

"Once you have a new Tier 2 visa, your old one is automatically cancelled"

[Namrata_Rai]

Hello

Just to update you. I had called Ukba and they said that I must leave my old employer asap. The sooner the better.

On an personal note, I did rang up couple of law firms. They too said that I must leave asap. Further they added that ukba is aware of the notice periods and are linient in that respect.

It would be great if gurus can add/elaborate on my point.

[mulderpf]

Whilst the UKBA is reasonable when it comes to notice periods, so do you have to be. As your new visa is valid from 6 May, it would be reasonably expected from you to give your employer notice to terminate your employment as soon as you can do so from the issue date of your new visa as close as possible to 6 May (obviously if your notice period is longer than the gap between the date you receive your visa and the date your visa starts, then you might end up having to work in breach if your employer insists that you work through your notice period).

The situation you are currently in is not reasonable. You are now completely beyond the starting date of your new visa and in breach of immigration laws. You had better let your current employer know IMMEDIATELY. Given that your new visa started on 6 May and you still have not let your current employer know, they could report you for breaching immigration laws if they wanted to play the same game as you - especially as they would want to protect their backs as they didn't know that your new visa started on 6 May (and they are also breaking the law as you are still in their employ).

This is a dangerous game you are playing here and given that your current employer would know immigration law fairly well (since they got you an ICT), I'd suggest you get yourself on the right side of the law sooner rather than later as every day while you are in paid employment (even though you're on leave) is yet another day away from being reasonable.

[nawaz]

"You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired."

This quote is from Tier 2 Policy Guidance Section 2:38 on page 43. There is no mention of issue date of new visa etc. The document is located here http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf