Tier 2 End Employment before new Employer CoS Start date

[sohoraf]

Hi

Q1. I am currently applying for a switch of employment with a new employer at a PEO on same day service. My question is if my CoS start date is say 17th May 2014 and after applying on a same day service if I get my approval and BRP before the start date on the CoS say 10th of May 2014 then can I stop working with my current employer immediately or do I have to continue working with the employer till the day before 17th May.

I am confused in this situation because I am worried if I get my BRP before 17th and stop working with the current employer will this gap between say 10th and 17th be considered any sort of breach. (In policy guidance it says You can continue to work with your current employer until the start date of CoS but nowhere it mentions if one can end employment before start date on new CoS if one gets the BRP for the new sponsor before CoS start date) This information is very important because one can then take a break between the two employments.

Q2. Second query is about weekends. Say my start date on new CoS is a Monday so if I have to show the day before the new CoS start date as my last working day for my current employer then do I make this on Friday or Sunday as the new CoS start date is a Monday. And logically a Sunday cannot be a working day for a day Job so only option is the Friday and again in this situation there is a gap of two days between last working day and the start day on the CoS so worried if this gap will create any problem.

A reply will be highly appreciated and I have searched in many cases in this forum but couldnt find any answer to similar situation so I hope an answer will be helpful for many of us.

Regards

[manci]

you can stop working for your current employer any time subject to the terms of your employment contract, e.g. notice period, but this is not an immigration issue. When your current employment is terminated the sponsor will report this to the HO and under normal circumstances the migrant's leave is curtailed to 60 days from the time the HO makes the curtailment decision. This to allow the migrant time for finding a new sponsor, i.e. a break of employment is quite normal in these situations. If you have a CoS and apply during the curtailment period your leave is automatically extended under section 3C. Note that you are not allowed to start working for the new sponsor before the work start date stated in the CoS

[sohoraf]

Dear Manci
Thank you very much. I appreciate your well explained detailed answer in a very short time.

Thank you a lot again.

Regards.

[sohoraf]

you can stop working for your current employer any time subject to the terms of your employment contract, e.g. notice period, but this is not an immigration issue. When your current employment is terminated the sponsor will report this to the HO and under normal circumstances the migrant's leave is curtailed to 60 days from the time the HO makes the curtailment decision. This to allow the migrant time for finding a new sponsor, i.e. a break of employment is quite normal in these situations. If you have a CoS and apply during the curtailment period your leave is automatically extended under section 3C. Note that you are not allowed to start working for the new sponsor before the work start date stated in the CoS

Hi Manci
One more clarification. If I am on any number of days on curtailed period then would it effect the continuous five years period on the Tier 2?

Thank You in advance.
Regards

[manci]

see the penultimate para on p26:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[sohoraf]

see the penultimate para on p26:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank You Manci. I really appreciate and thank you wholeheartedly for your prompt reply with reference to original documents.

You really are a genious.

Best Regards My Friend

[vpruk]

Hi Manci,

I have an issue similar to this. I am currently under tier 2 visa which expires in 2016. I am changing a new job with new employer.

Today my new employer issued me a new CoS with the start date as 30/05/2014 but in employment contract they have mentioned 1st of August on when i am going to start to work for them.

Would it be any problem if i apply my visa with this CoS and keep working with my current employer until august 1st?

Please help me. THANKS

[manci]

@vpruk
you can work for your current sponsor until your application for a new leave is approved but not beyond. Alternatively, you can ask the new sponsor to change the work start date in the CoS to 1 August - they can do this with a sponsor note online.

[vpruk]

@vpruk
you can work for your current sponsor until your application for a new leave is approved but not beyond. Alternatively, you can ask the new sponsor to change the work start date in the CoS to 1 August - they can do this with a sponsor note online.

THANKS A TON manci ! you are real star ! Much appreciated.

I will inform my new sponsor to put the start date as 1st of august in CoS as i got to give a month notice to my current sponsor.

Is it good to give notice once i receive my biometric letter, though it is not sure on visa outcome.[But looking at my application, there are less possibilities for any negative outcome]?

[manci]

@vpruk
if the work start date in the new Cos is changed to 1 Aug you can continue working for your current sponsor until then.

Do not give notice until your application is approved, the biometric invitation is not an approval.