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Tier2 notice period

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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titi
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Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Tier2 notice period

Post by titi » Sat Dec 03, 2016 7:45 am

Hi
I got my new visa after switching on tier 2. Is it true New employer can change agreed start date on sms note so I can work my notice and planned leave. Previous visa was expiring 2018. Can I go on my holiday on New visa before I start work with new employer?

Thank you

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Djsuccess
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Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier2 notice period

Post by Djsuccess » Sat Dec 03, 2016 8:12 am

titi wrote:Hi
I got my new visa after switching on tier 2. Is it true New employer can change agreed start date on sms note so I can work my notice and planned leave. Previous visa was expiring 2018. Can I go on my holiday on New visa before I start work with new employer?

Thank you
Your previous visa is no longer valid and from immigration perspective, you shouldn't be working for you old employer because they are no longer your sponsor. Like one of the respected gurus here would say, employment issues are different from immigration issues.
Your start date can no longer be changed on your cos since the Cos has been used and decision has been made. However, I have a new start date can be agreed with your new employer and they will have to report it as change in circumstances for you. Did you inform your new employer about your notice period and planned holiday? You can travel on your new visa if you want but you must inform your new employer and they must agree. Note that your sponsor has the duty to report you to UKVI if you don't resume as planned.
You can negotiate your notice period with your old employer and also discuss with your new employer.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Re: Tier2 notice period

Post by titi » Sat Dec 03, 2016 8:20 am

Thanks. I have and they are happy to change start date. If they do will I be able to serve notice with previous employer while on New visa or I have to stop immediately.

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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier2 notice period

Post by Djsuccess » Sat Dec 03, 2016 9:36 am

titi wrote:Thanks. I have and they are happy to change start date. If they do will I be able to serve notice with previous employer while on New visa or I have to stop immediately.
The start date on your COS is different from the valid from date on your visa. Your current visa is usually valid from the day it is approved and from that day your old visa is cancelled. The visa that tied you to your old employer is now longer valid so ideally you shouldn't be working for them. Nicely negotiate early release so you can go on your holiday and then come back to resume with your new employer. Provided your new employer is happy with that.

Perhaps people with more experience can reply you if I'm wrong.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: Tier2 notice period

Post by CR001 » Sat Dec 03, 2016 11:19 am

You can work your notice period and then start with the new employer. This is normal and many do it this way.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Re: Tier2 notice period

Post by titi » Sat Dec 03, 2016 12:12 pm

Thank you all. My worry was I had seen previous posts saying new employer can not change on sms note about start date and that once I have new visa I can not work notice.

titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Re: Tier2 notice period

Post by titi » Sat Dec 03, 2016 12:30 pm

CR001 sorry to bother is this normal after new visa is out and you have negotiated with new employer on start date. Then changed on sms notes. Just worried to be grilled on return from holiday.

tenseboy88
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Posts: 25
Joined: Sun Nov 06, 2016 2:38 pm

Re: Tier2 notice period

Post by tenseboy88 » Sun Dec 04, 2016 2:14 pm

Hi.. i am in same situation..
i have my new tier 2 visa approved but start date on it does not let me complete my notice period.
New employer is saying they can move the start date on Cos using sms system and i can continue working with old employer to serve it out.
They say as per new regulation start date on Cos can be moved out by 4 weeks max. During time you can continue working for old employer.

Though this forum tells completly opposite with some members saying not allowed to work for old employer and cos start dae cannot be amended using sms after visa granted.

Snapshot:
Visa granted new: 18 nov
Start date used on cos: 10 dec
Proposed start date to serve out notice: 19 dec

New employer saying they can move it to 19 using sms and i can continue working for old employer.

So yeah same situation but confused

tenseboy88
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Joined: Sun Nov 06, 2016 2:38 pm

Re: Tier2 notice period

Post by tenseboy88 » Sun Dec 04, 2016 8:14 pm

What is your lawyer saying titi?

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Frontier Mole
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Re: Tier2 notice period

Post by Frontier Mole » Mon Dec 05, 2016 1:11 am

Your new employer can notify a change of start date on SMS BUT that does not change your visa start date.
If you work for your current employer beyond the start date on your new visa you are working illegally for them
There is no half way house on this and under the new regulations you too can be fined.

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