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new employer, new COS but need advice

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

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splitbrainexperiment
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Joined: Fri Jun 21, 2013 5:34 pm
Location: london

new employer, new COS but need advice

Post by splitbrainexperiment » Tue Dec 17, 2013 5:50 pm

Hi everybody (shoutout to Manci)

If somebody could help me with my predicament. Im a tier 2 general migrant who transferred from one employer to another with the same job. My new BRP arrived last week. It doesn't really say valid from but it just says DATE OF ISSUE: 5TH December 2013. Now, my COS stated that my start date is the 6th of January 2014.

I haven't rendered my resignation yet as I was waiting for the start date (which comes from the manager, who is on leave at present). I am still working for my current employer obviously, since the start date on my COS has not come yet.

My question is, can I leave my current employer even on such short notice?

When will I leave my current employer?

Am I still legally working here despite the date of issue of my BRP? (My prev BRP expires in 2016)

Thanks ever so much.

All information is welcome.

Albert

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

Post by manci » Tue Dec 17, 2013 7:22 pm

you can continue working for your present employer but only up to 5 January.

The question of notice is not an immigration matter, look at your employment contract to see what the provisions for termination by the employee are. However, note that your present employer is not allowed to continue employing you beyond 5 January under immigration rules.

splitbrainexperiment
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Posts: 12
Joined: Fri Jun 21, 2013 5:34 pm
Location: london

Post by splitbrainexperiment » Tue Dec 17, 2013 9:46 pm

thanks Manci! happy holidays to you, mate!

splitbrainexperiment
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Posts: 12
Joined: Fri Jun 21, 2013 5:34 pm
Location: london

Post by splitbrainexperiment » Fri Dec 20, 2013 9:52 pm

Hi Manci! Just a quick follow up question.

I was emailed by RCN Immigration services saying that I should resign immediately as my BRP was issued (as on the card) on the 5th of December even if my start date is on 6/1/14 (which is what is stated as the start date of my COS). Im really confused what to do now! Help!

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

Post by manci » Fri Dec 20, 2013 10:09 pm

RCN Immigration services ?

refer to para 202 of the T2 policy guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

splitbrainexperiment
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Posts: 12
Joined: Fri Jun 21, 2013 5:34 pm
Location: london

Post by splitbrainexperiment » Sat Dec 21, 2013 2:23 pm

RCN is my union. I asked for their advice as well as reading posts from here.

I've read posts from here that once you receive your visa from your new employer, you should quit from your current employer as you will be working illegally with them. That's why it's all the more confusing. What does matter then (when it comes to terminating your employment with the previous employer) the date of issue stated in the BRP (visa) or the start date stated in the COS?

I believe I have to email my current employer's HR as well to tell them to cancel my previous COS, haven't I?

Thanks.

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