Switching Employer

[Rishi141]

Hi,

I came to UK on 2nd December 2007 as a Work Permit Holder for an Indian Company.

Renewed my visa in November 2008 again as a WP holder for 2 years for the same company.
Renewed my visa again in 2010 as ICT for the same company.(under long term established staff category)
Renewed my visa again in 2011 as ICT for the same company.This visa is due to expire in Dec 2012.(under long term established staff category)
Renewed my visa again in 2012 as ICT for the same company.This visa is due to expire in Dec 2012.(under long term established staff category)

I am paid above 43K as of now

Even though I was eligible for ILR in Dec 2012 but due to my employer not issuing me a mandatory letter for ILR. I could not apply for ILR.

Now i have found another job which starts on 24th June. I got my Tier 2 General visa stamped on 30th April and on the day I resigned from my current employer. The current employer has stated that I need to serve 7 weeks of notice period which ends on 14th June. ( I have not informed my current employer about my new employment and that i have got new visa assigned)

Now my question is:-

1. In another 2-3 months; I will go for ILR hopefully will this period between 30 April and 14th June cause any issues. I read that once I am assigned new Cos its illegal for me to work with old employer but I do need to serve notice period right?

Kindly reply

Regards
Ric

[manci]

Renewed my visa again in 2011 as ICT for the same company.This visa is due to expire in Dec 2012.(under long term established staff category) ????

what is the work start date shown in your new CoS?

[Rishi141]

Sorry the details are as below

I came to UK on 2nd December 2007 as a Work Permit Holder for an Indian Company.

Renewed my visa in November 2008 again as a WP holder for 2 years for the same company.
Renewed my visa again in 2010 as ICT for the same company.(under long term established staff category)
Renewed my visa again in 2011 as ICT for the same company.(under long term established staff category)
Renewed my visa again in 2012 as ICT for the same company.This visa will expire in Apr 2013.(under long term established staff category)


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Work Start Date on new Cos is 22nd April 2013 but due to my notice period i cannot join the new job

Can you also let me know if this can cause any issues if i file ILR down the line around Octobar.

[manci]

Work Start Date on new Cos is 22nd April 2013 but due to my notice period i cannot join the new job .

Immigration rules and conditions of employment are two different things.

Under immigration rules you were not allowed to continue working for your current employer beyond 30 April because your new leave started on that date and the leave you now have only allows you to work for the new sponsor.

Your previous sponsor is also in breach of the rules if they let you work beyond 30 April irrespective of the contractual notice period.

Once your immigration situation became clear, when you received the new leave, a settlement should have been negoriated with the previous sponsor releasing you from the contractual notice period.

A short break between employments while you have valid leave and remain in the UK has no impact on ILR but a breach of the immigration rules may.

[Rishi141]

I did not wanted to inform about my status to my current employer and end this employment on 14th June and join new job on 24th June..

What should I do now?? Would this impact my ILR possibilities?

Regards
Rishi Chopra.