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Change of employment - notice first or visa first

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

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klauzevic
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Joined: Tue Oct 01, 2013 6:04 pm

Change of employment - notice first or visa first

Post by klauzevic » Tue Oct 01, 2013 6:10 pm

Hello,

I'm currently on Tier 2 General visa. I'm planning to change my job to a different employer soon. The new employer will need to issue a new COS and I will need to submit a fresh application.

I am seeking advice on whether I should hand in my notice at my current job until the new visa is issued? And conversely, can the new visa be issued if I don't quit my current job?

Seems a bit like a chicken and an egg. From your experience, what's the best course of action? I'd quite like to secure the new visa before handing my notice, but at the same time my new employer might not be happy to wait so long for me to start the job.

Any advice will be greatly appreciated!

Many thanks!

lawabidingimmigrant
Member
Posts: 149
Joined: Sat Jun 23, 2012 11:51 pm

Re: Change of employment - notice first or visa first

Post by lawabidingimmigrant » Wed Oct 02, 2013 1:04 am

Yes. But you cannot work with ex-employer once your new visa is issued.
klauzevic wrote:
And conversely, can the new visa be issued if I don't quit my current job?

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Oct 02, 2013 7:38 am

It is safer not to give notice until your application is approved by the HO because if the application is refused for whatever reason you will be without a job and your current visa will be curtailed.
lawabidingimmigrant wrote: you cannot work with ex-employer once your new visa is issued
you can continue in your present job until the work start date stated in the new CoS

GB09
Junior Member
Posts: 54
Joined: Mon Jan 09, 2012 12:01 pm

Re: Change of employment - notice first or visa first

Post by GB09 » Wed Oct 02, 2013 5:27 pm

klauzevic wrote:Hello,

I'm currently on Tier 2 General visa. I'm planning to change my job to a different employer soon. The new employer will need to issue a new COS and I will need to submit a fresh application.

I am seeking advice on whether I should hand in my notice at my current job until the new visa is issued? And conversely, can the new visa be issued if I don't quit my current job?

Seems a bit like a chicken and an egg. From your experience, what's the best course of action? I'd quite like to secure the new visa before handing my notice, but at the same time my new employer might not be happy to wait so long for me to start the job.

Any advice will be greatly appreciated!

Many thanks!
I am in the same situation as you are. Would it not be illegal to continue working for the old employer after you receive your visa for new employer?. I am not an expert in this matter, i would like to view opinion of more experienced member of the site. Thanks

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Oct 02, 2013 6:53 pm


GB09
Junior Member
Posts: 54
Joined: Mon Jan 09, 2012 12:01 pm

Post by GB09 » Wed Oct 02, 2013 7:09 pm


klauzevic
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Posts: 3
Joined: Tue Oct 01, 2013 6:04 pm

Post by klauzevic » Sat Oct 05, 2013 10:33 pm

[quote="manci"]para 202
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf[/quote]

Manci, many thanks for this!
A related question - will my existing employer know that I've submitted a new application under a new COS? Perhaps via the Home Office COS system or something else - will they have visibility of my new application when it's lodged and before I actually give notice to them?

Thanks!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Oct 06, 2013 7:38 am

klauzevic wrote:
Manci, many thanks for this!
A related question - will my existing employer know that I've submitted a new application under a new COS? Perhaps via the Home Office COS system or something else - will they have visibility of my new application when it's lodged and before I actually give notice to them? normally no
Thanks!

minnadbs
Newly Registered
Posts: 6
Joined: Tue Aug 30, 2011 10:07 am

Tier 2 Employer Change

Post by minnadbs » Thu Oct 31, 2013 1:44 pm

Manci

Can you please help?

Current Tier 2 start : 01/07/2011

Current Tier 2 Expiry : 31/07/2014

Notice period for leaving Job : 3 Months

Question : If i switch job and apply for new tier 2 :

1. Will I be issued a new BRP and also retain the old BRP till I am working for the old employer( serving notice period) or when issuing the new BRP UKBA will retain old BRP ?

2. If they do retain the old BRP then how can I show valid status as the new BRP will have a future start date.

3. Current Tier 2 is for 3 years + 1 month , Extension will give me additional 2 years. If switching jobs how long will the new Tier 2 be valid for ? 3 years 1 month again ?

3. Based on the start date of 1 July 2011 when can I apply for ILR ( if i switch jobs)? Is it total 5 years under Tier 2 as changing employers does not impact this clause or switching employer impacts the 5 year duration eligibility for ILR ?

4. Is it advisable to travel outside UK after I have resigned from 1st employer but not started work with the new employer ? Can i face problems at airport ?

Thanks in advance to Manci and everyone else for taking out time and replying.

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