Joining new sponsor without starting work for current sponso

[metta]

I will be extremely grateful if members can guide me with this query:

My leave to remain Tier 2- General (skilled worker) expired on 14th April 2012. I got a CoS from a new employer (employer 1) before that, made an in-country application for new Tier-2 General, done my biometrics on 24th March and waiting on the decision. My start date with the new employer was 15th April but I can’t join my new employer as I am waiting for decision. In the meanwhile I got another job offer from employer 2 , which I feel more inclined towards. I have accepted it and they know my current situation with the visa. We have to decide on a start date. Also employer 2 can’t issue a CoS till I have the CoS active from employer 1. I would prefer not joining employer 1, if that’s possible. My question is:

1. Can I let employer 2 know as soon as I receive my BRP card for employer 1 and ask them to issue a CoS with a start date, which would be as soon as possible?
2. Will I have to join employer 1, and then resign before making a new application for employer 2? Or based on my BRP for employer 1 can I make a new Tier 2 general application without starting with them? How will it affect my new application?
3. Will the above situation be classed as continuous legal stay?
4. Another slightly unrelated question is for future ILR application, does the UKBA consider ‘in country waiting time’ while the application is been decided as ‘continuous stay’?

Thank you very much

[johnjkjk]

You'll need to wait for your BRP to come through and make a change of employment application. See the policy guidance which explains everything, including selecting the start date on the new CoS.

Yes you have to join employer 1. If you don't turn up to work, they are legally obliged to inform the UKBA. They would also presumably have a notice period. Additionally, whatever the date of the new CoS (which, once issued, supercedes the old CoS), you can't actually start working until your application has been approved, so if you don't work for employer 1, then you'll have to remain unemployed when the new CoS kicks in (whilst your application is being decided). Why not just set the new start date for the duration of the notice period and work for employer 1 until their CoS runs out?

Have they completed the RLMT or is your SOC exempt? This will take 28 days and must be completed before the CoS can be raised.

Whether or not there is any minimum time before which you can make a change of employment application, I don't know.

As long as your leave has been legal, put applications in before your leave expired etc then it won't affect your continuous residence. Whilst an application is being decided, your leave is temporarily extended, but only if your application was submitted in time and you had legal leave at the time.

[metta]

Many thanks Johnjkjk. My employers need to complete the RLMT. Really does it take 28 days? So I was wrongly thinking the whole process of getting the new CoS will be much shorter. It seems that the safest option is to first start work with employer 1. My employers are UK universities so there is scope to negotiate end dates. I was looking at directly starting with employer 2 as both the jobs are in two different cities and I am in a third city at present!

[johnjkjk]

Yeah google RLMT, you'll find all the information you need. Unless your occupation is exempt (shortage occupation list), then you'll need to advertise for 28 days to ensure that there are no suitable EU candidates to perform the role. That's why it's important to wait until you accept the offer only after the RLMT has been completed- otherwise you could end up having lost your job with employer 1 as well as 2.

[johnjkjk]

shortage occupation list- Nov 2011