Urgent query regarding Tier 2 change of employers

[bookerw100]

Hi

I am in a bit of a panic mode due to some sudden realisation.

I had changed employers back in 2015. I worked my notice period which was till 31st of May, however I had got my BRP for the new employer on 21 May with CoS start date of 13 May 2015.

Now I'm applying for ILR, but does the above mean I was in breach of immigration conditions by serving my notice period for old employer even though I had a new BRP. Will it affect my ILR application.

Can there be a way around by writing a letter explaining the situation?

Appreciate your help

[CR001]

This is not an issue.

Also, your post has been moved to here (ILR sub forum), please ask ILR question in this topic and not in the Tier 2 General sub forum.

[bookerw100]

Hiya

Thanks for the quick reply. Also thanks for moving the post to the correct forum.

in regards to my query, does that mean that this shouldn't be a problem? I'm just worried as I have read on other forums on here that if you work for your previous employer with new CoS then I'm breaking immigration law. I only did it to complete my notice period and honestly didn't even think about the CoS start date at the time.

Shall I get a letter from my current employer confirming they knew I had to finish my notice period?

[CR001]

Many Tier 2 visa holders switch and complete their notice period once new visa is granted and have not had any problems.

[bookerw100]

Pheww
That's reassuring, do you know if that is for when CoS is for new employer . Like in my case where for 10 days I did the notice period under CoS for new employer

I'm trying to search the forum and found many topics similar to mine but not exactly the same, if you can , can you please link me to any such topic.

Thanks

[CR001]

Yes, for people that have applied for a new sponsor and visa and then served their notice period with old employer.

I don't have the time today to search for such posts.

[Karl1234]

Hi Ashuraimarwah,

When have you scheduled your appointment?

[bookerw100]

Hi Ashuraimarwah,

When have you scheduled your appointment?

Hi

On Wednesday 23rd August

[Karl1234]

i am in the same situation as you and i have enquired a couple of solicitors for legal advice. Do not need for panic its all common and you won't have any issues. Give us an update on your visa application after 23rd tho.

[bookerw100]

i am in the same situation as you and i have enquired a couple of solicitors for legal advice. Do not need for panic its all common and you won't have any issues. Give us an update on your visa application after 23rd tho.

Thanks,

Can you please let me know what did the solicitors say about this situation?

Do we have to write a cover letter regarding this topic?

Yes for sure, will share the outcome.

[CR001]

Thanks,

Can you please let me know what did the solicitors say about this situation?

Do we have to write a cover letter regarding this topic?

Yes for sure, will share the outcome.

No need for a letter. You are overthinking this, there is no issue.

[bookerw100]

Thanks,

Can you please let me know what did the solicitors say about this situation?

Do we have to write a cover letter regarding this topic?

Yes for sure, will share the outcome.

No need for a letter. You are overthinking this, there is no issue.

I appreciate I might be the overthinking, but my only worry is that I worked for previous employer under CoS for new employer.

From what I could search on the forum, There are loads of people who have worked for previous emplyer under new BRP but with new CoS starting at end of their notice period. Unlike my situation.
So it will be good to know if someone who has been through the exact same situation.

Sorry for being a pain but can't afford any mistakes due to the £3k fees.

[Karl1234]

You cannot correct what happened few years back hence do not panic and go for it... and I do not think Cover letter is needed at all. Better submit only the documents they asked for Which PEO office you are going to ?

[gratefulhart]

You don't need to worry about it. I changed employer about 2 months before my ILR application (in March). I worked for 2 weeks with my old employers and used my holidays to cover up for the remaining 2 weeks as I had to serve 1 month notice. Specifically, I worked for 2 weeks with my old employer past the date written on my BRP as my start date. However, my new employer notified Home Office via SMS about the change in start date.

The case officer that attended to me did not have any issue with it. I even presented overlapping payslips (old employer payslip and current employer payslip) for the same month(April) to show that I did not spend 60 days between jobs and still got my ILR.

[Karl1234]

HI gratefulhart,

Did caseworker even asked anything about it ? Like what there is a overlap or they did not even notice it at all ?

[bookerw100]

You don't need to worry about it. I changed employer about 2 months before my ILR application (in March). I worked for 2 weeks with my old employers and used my holidays to cover up for the remaining 2 weeks as I had to serve 1 month notice. Specifically, I worked for 2 weeks with my old employer past the date written on my BRP as my start date. However, my new employer notified Home Office via SMS about the change in start date.

The case officer that attended to me did not have any issue with it. I even presented overlapping payslips (old employer payslip and current employer payslip) for the same month(April) to show that I did not spend 60 days between jobs and still got my ILR.

Hi thanks for your response.

That is great to know. I guess the only difference is that my employer never informed the home office that I will start 2 weeks after the start date on BRP, but hopefully that shouldn't be an issue.

Thanks

[Karl1234]

Hi Ashuraimarwah ,

I am not sure about the company you work, but if your company is a premium sponsor like a decent big company sure they would have informed to Homeoffice using their SMS portal about your joining date.

[gratefulhart]

The caseworker did not bother about it. All what she was concerned about is that I did not spend 60 days without being employed. As I did not have my P45 form to show my end date, I had to show her my overlapping payslips and bank statement.

Sincerely, I don't think you have to worry as yours was not even as recent as mine. Don't even mention it at all.

HI gratefulhart,

Did caseworker even asked anything about it ? Like what there is a overlap or they did not even notice it at all ?

[KenBossini]

This is very common occurrence among people on Tier 2 switching jobs. No need to panic. Good luck with the appointment tomorrow.

K.

[Karl1234]

Hi gratefulhart ,

Thank you very much its really helpful, i have Employment history which has last day and start day hence i think that should do. But thanks very much and the initial post is by Ashuraimarwah , good luck for your application tomorrow mate. Share your experience .

[Karl1234]

HI Ashuraimarwah ,

Please share us your experience ? Is your ILR successful ?

[bookerw100]

Hiya

My ILR was successful. Thanks to everyone for their help!

I was literally not asked anything, handed in my documents and 1.30 hours later was granted.

I did submit my P45 showing my last date for previous employer, so that was useful advise.

Thanks again everyone, this website provided much better than HO themselves!

[Karl1234]

Hiya,

Thank you very much for your update as it relieved my pressure a bit thanks once again.

Also I do not have my P45 but from the employment history I have from HMRC has my last date of previous company and joining date of new company does that sufficient? Or do I need letter from my old company too ?

Anyone please help

[bookerw100]

I think it will be good to provide some sort of official document whether its a letter from your employer confirming your last date of work or P45 or something like that. You must have given you new employer P45 to enable them to get you on the right tax code? maybe worth asking. That HMRC document does sound like it is an official document.

In essence you need to show that there is not a gap of more than 60 days between the two employers.

[Karl1234]

Hi,

yes it is a letter directly from HMRC posted to my address starting my yearly income and tax paid for each year. Also in that document it is specified my last working date of my previous company and joining date of current company. Also I have no gap at all between companies like i joined my current company the next day after leaving the previous company.