Work start date - Urgent query

[ABasu]

Hi Guys,

My wife has a new job and has got the CoS from the new employers. We have applied for a change of sponsor. Now the situation is this
1. On her CoS, the start date for the new job is 31 Oct 2016
2. We got the CoS on 28 Oct 2016
3. Applied for change of sponsors on 28 Oct 2016 (non premium) and done biometrics on 9 Nov 2016
4. Not resigned from current job since we are waiting for UKBA approval on the new application.
5. Agreed with the current employer that there is no need for a notice period so she can quit the same day that she gets the BRP.

Question - Looking at the dates, will the fact that she will still be working with her old employer on the new CoS work start date be an issue/possible cause of application rejection?

Looking forward to your replied.

Thanks!

[eduleal]

Not at all.
Her current visa is still valid, so she can keep working for the current employer while the other one is processed. If the new application is rejected, she can even continue working with the current employer as long as her current visa is valid.

Brave move to let the old employer know before you get the new visa approved.
I did the same in order to ensure a gracious exit... but it's not without risks.

[ABasu]

Not at all.
Her current visa is still valid, so she can keep working for the current employer while the other one is processed. If the new application is rejected, she can even continue working with the current employer as long as her current visa is valid.

Brave move to let the old employer know before you get the new visa approved.
I did the same in order to ensure a gracious exit... but it's not without risks.

Thanks for the reply mate. Yep, this story has been going on since June 2016! So yeah, if this is not an issue, will be a great beginning to the new year

PS - We work in IT....always a good idea to NOT burn bridges

[eduleal]

I'm not in IT, but that's actually true for lots of industries.
But it's a risk, employers might not take you back if the new one is rejected. So it's quite difficult to juggle.
Good luck!

[ABasu]

Hi Guys,

I have asked this question once before and got it answered. However, another person asked a similar question today and the answer was completely opposite. Need some urgent help here.

situation - Change of Employer, in country, Tier 2 general
Current Visa - Valid till Dec 2018
New Employer CoS issued - 28 Oct 2016
Date of application - 29 Oct 2016

Work Start date on new CoS - 31 Oct 2016

My question is this - I am still working for my previous employer since my leave is still valid. Knowing that the work start date on the new CoS was 31 Oct 2016, will it be an issue for my visa application? there are no sponsor notes in the CoS.

Again, will the fact that I was still working (am still working) with my current employer as on the work start date on the new CoS cause any issue with the application?

Would really appreciate if an expert can clarify this asap.

Regards,
Abhi

[CR001]

No need for multiple topics with the same question. Topics merged.

Until the new visa is granted, she can continue to work for her existing sponsor who sponsored her existing visa.

[ABasu]

No need for multiple topics with the same question. Topics merged.

Until the new visa is granted, she can continue to work for her existing sponsor who sponsored her existing visa.

And I am guessing, in simpler terms, I can expect no reasonable chance of application refusal because of this situation?

[eduleal]

Again, will the fact that I was still working (am still working) with my current employer as on the work start date on the new CoS cause any issue with the application?

That's no problem at all. You still have valid leave to work for your previous employer.
The work start date on the COS means nothing without the approved visa.
Once the new one is approved, then you make the switch.

[ABasu]

Again, will the fact that I was still working (am still working) with my current employer as on the work start date on the new CoS cause any issue with the application?

That's no problem at all. You still have valid leave to work for your previous employer.
The work start date on the COS means nothing without the approved visa.
Once the new one is approved, then you make the switch.

Thanks Eduleal. I read your reply the first time and then one of the Subject Matter Experts here suggested otherwise in another post. Hence my question.

No offence to you or your experience in this matter but I seem to get different answers from different threads! Anyway, the new employer has, as of today, added a sponsor note that says the start date has now been agreed to be Jan 2017. That ought to mitigate any risks if the application has not been processed yet.

[ABasu]

Just as a post note Eduleal

The guidance clearly states that

You can continue working for your previous sponsor until the start date on your new certificate of sponsorship if your current permission to stay is still valid.

https://www.gov.uk/tier-2-general/extend-your-visa

[eduleal]

Can you point to the threads and posts that state otherwise?

If your new visa is rejected, you'd still be able to continue working for your current sponsor on your old visa until that expires.

A new COS without an approved new visa does not invalidate your current visa.
You still have valid leave.

[ABasu]

Can you point to the threads and posts that state otherwise?

If your new visa is rejected, you'd still be able to continue working for your current sponsor on your old visa until that expires.

A new COS without an approved new visa does not invalidate your current visa.
You still have valid leave.

http://www.immigrationboards.com/uk-tie ... 94712.html

[eduleal]

uk-tier-2-employer-sponsored-visas/restricted-cos-work-start-dates-urgent-t194712.html

This is completely unrelated, as it's for an out-of-country Tier 2 application with a restricted COS. Not a change of employers.

[CR001]

Can you point to the threads and posts that state otherwise?

If your new visa is rejected, you'd still be able to continue working for your current sponsor on your old visa until that expires.

A new COS without an approved new visa does not invalidate your current visa.
You still have valid leave.

http://www.immigrationboards.com/uk-tie ... 94712.html

The link you have posted is for a first time Tier 2 G application from OUTSIDE the UK. How is this relevant to your situation?

[ABasu]

Can you point to the threads and posts that state otherwise?

If your new visa is rejected, you'd still be able to continue working for your current sponsor on your old visa until that expires.

A new COS without an approved new visa does not invalidate your current visa.
You still have valid leave.

http://www.immigrationboards.com/uk-tie ... 94712.html

The link you have posted is for a first time Tier 2 G application from OUTSIDE the UK. How is this relevant to your situation?

Hi Char,

I am simply confused because of what I can read on the UKVI website. Yes, the previous thread that I quoted is for an out of country application but it I look at changing employers (within country), the website states

"You can continue working for your previous sponsor until the start date on your new certificate of sponsorship if your current permission to stay is still valid."

https://www.gov.uk/tier-2-general/extend-your-visa

Am I reading too much into it or are my doubts justified? Thats all I wanted to know, not seeing a consistent reply across threads.

Abhi.

[CR001]

Am I reading too much into it

You cannot work for your new sponsor until you have the new visa. Most migrants wait to get the visa and then resign and work their notice period. This is normal. A CoS is not a visa.

[eduleal]

I see your point, however a 'new COS' is not really valid in terms of your future decisions without an approved visa. You could have a COS assigned to your name and simply not apply - and stay in your previous visa. Same if your application is rejected. So leaving your previous job before a new visa is approved is an unnecessary risk, it seems.

[ABasu]

Perfect.

Thanks a lot Char and Eduleal for your patience

Time to wait for the letters to come. Will update you all in this thread for someone else who has the same doubts.

[ABasu]

Sitrep

Received the BRPs today. Feeling fantastic!

So in essence - The issue described in this thread is a non issue and what Eduleal and Char have said holds correct. You can continue working for your old employer even on the start date mentioned in the CoS. However, you need to resign immediately as soon as you receive your BRP.

[CR001]

Congratulations, very pleased for you.