Tier 2 to Tier 2 with notice period

[tiernokiss]

Hi,

Sorry if similar topic exists, I couldnt find it.

Im changing an employer and moving from one tier 2 general to another. Labour market test will be done by 23 Aug. Only then new employer will issue offer. Ill be on holiday all Sept and i have 3 months notice period. So we decided that before end if Aug ill resign and theyll issue offer and cos. And after i come back we'll apply for visa.

1. If my current employer will cancel my sponsorship say on 24 November (last working day). But my start date with CS will be 1 December. Will this negatively effect my chances of getting ILR? I will not travel during this time. My concern is that I'll be unemployed for a week.

2. Is new employer allowed to issue an offer letter while RLMT is still under way?

3. Is it posdible to issue cos, apply for visa and get docs back in 10 days? In case i want to get visa before i resign.

Thank you!

Kind regards.

[firecube]

1. U have 60 days between last day of work and successful visa application date. So no issue for a week whatsoever.

2.absolutely not. This is the entire purpose of the rlmt..to check for suitable settled candidates. If this offer date or letter comes up before rlmt is finished it will be deemed a failure.. probably with preselection suspected

3. Since you are in country, If your employer has a unrestricted cos inventory they can assign it to you almost immediately. (If they dont they should apply on a priority basis for 200 pounds).
You can then then fill in app online and do same day premium service if you like. So you can probably do all this within a few days assuming they have an unrestricted cos.. if not add a couple days if they request a priority allocation.

And yes probably not worth resigning until new tier2 approved. What dates u use for start date I think will have to depend on whether u think your current employer can really hold u to your contract. 3 months seems excessive and not sure even legal.

[gratefulhart]

If I were you, I wouldn't have resigned before visa approval as there might be issues with the rlmt.

Once your visa is approved, your new employer can modify your start date on SMS to reflect the new start date. This is what my employer did when I had to work for my old employer for extra 2 weeks.