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Starting employment before your visa arrives

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

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almira
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Joined: Tue Jan 06, 2015 8:02 pm

Starting employment before your visa arrives

Post by almira » Tue Jan 06, 2015 8:13 pm

Hi there,

I have a complicated situation. I hold a 3 years Tier 2 visa that is due to expire on 28th of February. I have applied for extension with different sponsor on the 12th of December, sent off all the documents by post - standard application. The new sponsor is the same occupation and same level of job. They want me start as soon as possible however I can not start before my new BRP arrives. Is there a way out of this ? Do I have to wait for the BRP to arrive ? Any help is appreciated.
Thanks

Almira

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
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Re: Starting employment before your visa arrives

Post by Frontier Mole » Wed Jan 07, 2015 8:47 am

Simple answer is yes you have to wait for the new visa.
Your new employer can not let you start without the BRP showing you have the right to work for them.

manci
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Re: Starting employment before your visa arrives

Post by manci » Wed Jan 07, 2015 12:39 pm

If you are still working for your current sponsor, and since the current and new jobs are in the same profession and at the same professional level, you could possibly also work for the new sponsor for max 20 hours per week (supplementary employment) while waiting for your application to be processed.

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Frontier Mole
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Re: Starting employment before your visa arrives

Post by Frontier Mole » Wed Jan 07, 2015 6:40 pm

Sorry Manci that does not work. Supp Working requires the employer to demonstrate the employee still has the right to work based on the tier 2 visa. 3c dose not wash for supp working. So up to the end of his current visa he could do that but not beyond.

almira
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Joined: Tue Jan 06, 2015 8:02 pm

Re: Starting employment before your visa arrives

Post by almira » Wed Jan 07, 2015 7:06 pm

Thanks manci, that was what I was after.
Frontier, my BRP will arrive until my visa expires anyway. So there is nothing to worry about.

manci
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Re: Starting employment before your visa arrives

Post by manci » Wed Jan 07, 2015 9:45 pm

Frontier Mole wrote:Sorry Manci that does not work. Supp Working requires the employer to demonstrate the employee still has the right to work based on the tier 2 visa. 3c dose not wash for supp working. So up to the end of his current visa he could do that but not beyond.
Yes, of course you are right, but it wasn't clear if the OP was or wasn't still in employment (he has leave till 28 Feb) , that is why I prefaced the supplementary employment possibility with: "If you are still working for your current sponsor..." - It may have been clearer if I had put "until you are working ..."

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