Tier2General - Change of Sponsor : Joining date after receiving new BRP

[sunnyf21]

Hello,
I am currently in between switching employers.
I have received my new BRP yesterday with start date as 15/03/2021.
My COS has sponsor note for new start date of 03/05/2021.
I have to serve one month notice to my current employer.
So I need to know:
1) Till when, I can work with my current employer
2) Till when, I can extend my start date with new employer.
Kindly Advice

[lolo2]

1) If you already received a BRP for your new job, you should give your notice now in order to clear this by the start date in May.
2) You can start working for your new employer from 03/05 as per your CoS. If you want to start in a later date, you need to discuss this with your new employer. That can be done if both parts agree.

[sunnyf21]

Thanks for your response @lolo2
I will give my notice soon as it is of one month. So I can't join before 24th April.

But my new employer is asking me to start with in 28 days, starting from BRP start date i.e. 15/03.

So my concern is does it needs to follow start date mentioned on BRP or Sponsor Note on COS for start date?
Kindly Advice.

[lolo2]

This is what sections 3.6 and 3.7 of the Sponsor Guidance say :

S3.6 The start date you give on the CoS must be the date the worker is expected
to start working for you at the time the CoS is assigned. You must let us know
via the sponsorship management system (SMS) if this changes.

S3.7 If, after the worker has been granted permission, the start date is delayed by
more than 28 days, you must stop sponsoring the worker and inform us via
your SMS account.

In this case, your new sponsor is right: you must start within 28 days after your permission (BRP) was granted. I think you should have given your notice when your application was approved (before your BRP arrived) to serve your notice period. You need to inform your current employer about this asap.

[sunnyf21]

I think the start date mentioned in S3.7 is start date mentioned on COS i.e. in my case 3rd of May.
Let me know if I am wrong.

Also as per guidelines I am not suppose to put notice with my current sponsor until by application is approved.

Kindly advise