Change of CoS date after tier 2 visa issued

[Alex7777]

Hello community!

I am on a tier 2 general visa and in dire need of your wise insights

I am intending on changing jobs and my prospective new employer has applied for a CoS to be allocated to me without consulting me on the start and end dates. Following similar other quite unprofessional behavior, I have now strong doubts about whether I want to work for this new company.

A couple of related questions to which I would appreciate your educated answers:

1) Is the start date on the CoS (I understand that it can be amended after issue) the exact one which will show up on the tier 2 visa ? Or can the tier 2 visa start date be different?

2) In case I decide to stay put with my current employer, Is it safe to cancel the new to be issued CoS so that I can still continue to work for my current employer without them having knowledge of my previous intentions ? This wont affect a future application for an ILR?

3) Tricky one: I have seen a LOT of contradictory comments on this one including from immigration consultants so PLEASE only answer if you are really certain or have actually gone through this: My wife is my tier 2 dependent, does she have also to apply for a new visa/BRP if I change my employer?

4) Once a tier 2 visa is issued. Can its start date be brought forward (brought earlier) ?
Context: My new employer wants me to start asap after I get issued a new visa but I have 3 months notice with my current employer. While i plan to negotiate down the notice to 1 month, I have no way to make sure that I can do so. This is while the tier 2 visa start date has to be agreed upon before the visa application and before me giving my notice. Other brighter solutions welcome.

Thanks !!
Alex

[Alex7777]

Hi community,

I am on a tier 2 general visa and intending to change my employer soon. Regarding my wife who is my dependent, will her tier 2 visa/BRP need to be renewed ?

If yes, then how will that application need to be made?

Please note that I have seen a lot of contradictory comments (including from posts in this forum or from immigration consultant) so please only answer if you are certain or have gone through a similar experience in the past.

Thanks much!
Alex

[CR001]

uk-tier-2-employer-sponsored-visas/when ... 98586.html

[Alex7777]

Thanks CR001 for the reply on the dependant bit. Do you by any chance have any guidance on the other questions ?

Thanks!

[UKLL]

Hello community!

I am on a tier 2 general visa and in dire need of your wise insights

I am intending on changing jobs and my prospective new employer has applied for a CoS to be allocated to me without consulting me on the start and end dates. Following similar other quite unprofessional behavior, I have now strong doubts about whether I want to work for this new company.

A couple of related questions to which I would appreciate your educated answers:

1) Is the start date on the CoS (I understand that it can be amended after issue) the exact one which will show up on the tier 2 visa ? Or can the tier 2 visa start date be different?
Your start date on the CoS and issuing date on the Tier 2 Visa may be different. You start to work for your new employer from the start date on the CoS. For example if your new visa is from 17th Feb 2018 and your CoS says start date 01 March 2018, then you can continue to work for your current employer until 28th Feb 2018 and start your new job from 01 March 2018.


2) In case I decide to stay put with my current employer, Is it safe to cancel the new to be issued CoS so that I can still continue to work for my current employer without them having knowledge of my previous intentions ? This wont affect a future application for an ILR?
New CoS has nothing to do with your current visa. You just can't apply for another CoS if you already have an outstanding CoS at the same time.

3) Tricky one: I have seen a LOT of contradictory comments on this one including from immigration consultants so PLEASE only answer if you are really certain or have actually gone through this: My wife is my tier 2 dependent, does she have also to apply for a new visa/BRP if I change my employer?
I don't know

4) Once a tier 2 visa is issued. Can its start date be brought forward (brought earlier) ?
Context: My new employer wants me to start asap after I get issued a new visa but I have 3 months notice with my current employer. While i plan to negotiate down the notice to 1 month, I have no way to make sure that I can do so. This is while the tier 2 visa start date has to be agreed upon before the visa application and before me giving my notice. Other brighter solutions welcome.
Do not resign until your new visa is granted. I don't know about brought forward but once your new visa is granted, you can negotiate to change it to a later date (within 28 days from the start date on your CoS, or 28 days from the date on your BRP, whichever is later).

Thanks !!
Alex

[Alex7777]

Hi,

I am in the process of changing employers and I got a new CoS issued by my future employer.
They would like me to join earlier but I have a 3 month notice and it is out of the question for me to negotiate with my current employer before receiving my new tier 2 visa. So this takes me to asking the following questions:

1) What date determines the cut off date where I need to stop working for my old employer and start with my new employer? is the CoS start date or the tier2/BRP start date?

2) Once the tier 2 visa/BRP is issued. Can the CoS start date (I suppose its the cut off date) be amended? and if yes, What is the maximum number of days that it can be delayed by? (e.g. 3 months?)

3) The new company has already issued a CoS with a start date on March 15th but we haven't yet applied for the visa. Under that current date, do I HAVE to legally stop working for my current employer on that date?

Thanks so much in advance for any help on the above questions!

[UKLL]

Hi,

I am in the process of changing employers and I got a new CoS issued by my future employer.
They would like me to join earlier but I have a 3 month notice and it is out of the question for me to negotiate with my current employer before receiving my new tier 2 visa. So this takes me to asking the following questions:

1) What date determines the cut off date where I need to stop working for my old employer and start with my new employer? is the CoS start date or the tier2/BRP start date?

2) Once the tier 2 visa/BRP is issued. Can the CoS start date (I suppose its the cut off date) be amended? and if yes, What is the maximum number of days that it can be delayed by? (e.g. 3 months?)

3) The new company has already issued a CoS with a start date on March 15th but we haven't yet applied for the visa. Under that current date, do I HAVE to legally stop working for my current employer on that date?

Thanks so much in advance for any help on the above questions!

1. CoS Start Date unless the BRP date is later than the CoS Start date
2. No later than 28 days after the CoS Start Date / BPR Start date, whichever is later.
3. No, but you need to stop working for your current employer the moment you receive your BRP (if the date on the BRP is later than 15th March)

[UKLL]

Hi,

I am in the process of changing employers and I got a new CoS issued by my future employer.
They would like me to join earlier but I have a 3 month notice and it is out of the question for me to negotiate with my current employer before receiving my new tier 2 visa. So this takes me to asking the following questions:

1) What date determines the cut off date where I need to stop working for my old employer and start with my new employer? is the CoS start date or the tier2/BRP start date?

2) Once the tier 2 visa/BRP is issued. Can the CoS start date (I suppose its the cut off date) be amended? and if yes, What is the maximum number of days that it can be delayed by? (e.g. 3 months?)

3) The new company has already issued a CoS with a start date on March 15th but we haven't yet applied for the visa. Under that current date, do I HAVE to legally stop working for my current employer on that date?

Thanks so much in advance for any help on the above questions!

Also your current employer will not have any choice but let you go once you have got your new visa because they will get penalised by the Home Office if they continue to use you, so technically you don't need to negotiate with them

[Alex7777]

Hi UKLL,

Thanks a TON for your answers. The visa application process is so stressful and having samaritans like you helping out is an immense relief

Regarding question:
2) Once the tier 2 visa/BRP is issued. Can the CoS start date be amended?

Do you have an idea if that is possible? My new employer is asking me to apply for a tier 2 visa with a CoS start date of April 25th and then then after the tier 2 visa is issued, change the CoS start date to June 25th. (which is more than 4 weeks after the initial start date)

[UKLL]

Hi UKLL,

Thanks a TON for your answers. The visa application process is so stressful and having samaritans like you helping out is an immense relief

Regarding question:
2) Once the tier 2 visa/BRP is issued. Can the CoS start date be amended?

Do you have an idea if that is possible? My new employer is asking me to apply for a tier 2 visa with a CoS start date of April 25th and then then after the tier 2 visa is issued, change the CoS start date to June 25th. (which is more than 4 weeks after the initial start date)

The immigration rules has clearly stated: an applicant's Tier 2 (General) employment start date cannot be put back by more than 28 days after leave has been granted, or by more than 28 days after the start date on the Certificate of Sponsorship, whichever is the later