COS issuance by new employer while on notice in present job?

[vb1974]

Good day,

Can someone kindly clarify following points regarding TIER2 application:

AA) Whether my new employer can apply for new COS for myself, even while I am employed and on 4 weeks notice period with the present employer?

BB) Can I submit my personal application with UKBA after receipt of COS and other details from new employer during my employment with old employer in due notice period?

CC) Do I need to furnish any letter from my ex employer while applying for the change of employment?


Answer to above queries shall be very greatful in order to plan my next step.

Regards

VB

[manci]

AA)
yes, the new sponsor/employer can assign a CoS to you any time, even before you handed in your notice. You just have to agree the the work start date to be put in the CoS with your new sponsor to tie up with the termination date of your present job.
BB)
yes, you can submit your leave to remain application as soon as you have your CoS. There is a fairly long processing time for postal applications and you may prefer to use the premium service at a PEO. Keep in mind that you are not allowed to start work in your new job before you receive the approval letter from the Home Office
CC)
no letter needed from your present sponsor, they must report directly to UKBA that you ceased working for them.

[vb1974]

Dear manci,

Appreciate your prompt and clear response. Duly noted that employment cannot be started till the approval letter is received from UKBA. Thanks for the advise regarding Premium application.


Kind regards
VB

[vb1974]

Dear manci,

WRT your reply dated 21 June, I require some further clarification:

As per the UKBA website following is mentioned

What is a live certificate of sponsorship?
Sponsors assign certificates using the sponsorship management system, and you can only have 1 live certificate of sponsorship in the system at any 1 time. A live certificate of sponsorship is 1 that the sponsor has assigned to you, but that you have not used yet to apply.

If you have given your personal details to a prospective sponsor and that sponsor assigns a certificate of sponsorship to you, then no other sponsor can assign a certificate of sponsorship to you during the time the certificate gives you permission to come or stay. So it is very important that you only give your personal details to a sponsor you intend to work for.


Also as per the policy guidance version 06/2012 page 47 of 56

227. A Certificate of Sponsorship is valid when assigned to you and which has not been used
in a previous application where leave has been granted or refused. You can only have one
Certificate of Sponsorship assigned to you at a time.
228. It is very important that you only give your personal details (such as your passport
number) to a sponsor that you intend to work for.

My present situation is that I shall be finishing work on 13 July with present employer and have a new COS issued by the new Employer, shall I inform them

Regards

Vineet

[manci]

My present situation is that I shall be finishing work on 13 July with present employer and have a new COS issued by the new Employer, shall I inform them

I'm not sure why you think that the quotes from the T2 policy guidance are relevant to you? You only have one valid CoS assigned to you (by the new employer). The CoS you had for your current employment has been "used" and is no longer valid.

Also, who are you thinking of informing? Your present employer knows that you are leaving on 13 July and will notify UKBA. Their responsibilities end there. Your new employer knows that they assigned a CoS to you. The present employer has nothing to do with your new job (except perhaps providing a reference).

[vb1974]

Good day manci,

Thanks, well understood.

Kind regards

Vineet