Starting a new job before getting the visa

[mksoi]

Hi,

I am on a Tier 2 visa that will expire on Jan/2020.
I have applied for a new job which will start on 30/Sep/2019.
My visa appointment is on 22/July.

According to the gov.uk website, it takes 8 weeks on an average to grant the visa for me.
However, I've heard that it may take up to 6 months!!!

I called UKVI now to ask if I can upgrade my application to the premium service, they said you can not!!!

So will I be allowed to start my new work even if my visa gets delayed?!
What do you advice?

[CR001]

According to the gov.uk website, it takes 8 weeks on an average to grant the visa for me.
However, I've heard that it may take up to 6 months!!!

It rarely takes 6 months.

So will I be allowed to start my new work even if my visa gets delayed?!

No, you cannot start working for your new sponsor until you have a new visa.

[mksoi]

Thank you for your reply.

Actually my appointment was today. They called me to delay it due to technical issues. With that I lost 1 week almost. So they should allow me to change to the premium service. It is not my mistake.

Do I have the right to withdraw my current resignation letter from my current employer?
My current work was till Jan/2020. However, I had to write the resignation letter 3 months before leaving.

[CR001]

Actually my appointment was today. They called me to delay it due to technical issues. With that I lost 1 week almost. So they should allow me to change to the premium service. It is not my mistake.

It doesn't work like that. There is no longer an 'upgrade' option. You have to select the service you want when you apply online. Why should you be treated any differently to anyone else.

Do I have the right to withdraw my current resignation letter from my current employer?
My current work was till Jan/2020. However, I had to write the resignation letter 3 months before leaving.

That is an issue between you and your employer and not an immigration issue.

[mksoi]

It doesn't work like that. There is no longer an 'upgrade' option. You have to select the service you want when you apply online. Why should you be treated any differently to anyone else.

Because it was not my fault. If I knew that there will be no appointment this week, I would have gone for the premium option from the beginning. This week was the last one suitable for me to go for the average processing time (8 weeks).

Anyway I guess the option should be there for everybody as the visa application has not yet been processed.

That is an issue between you and your employer and not an immigration issue.

Yes, but I guess that my employer has already sent a letter to UKVI informing them about my new end date. So will it be possible for my employer to just cancel it now?

[CR001]

It doesn't work like that. There is no longer an 'upgrade' option. You have to select the service you want when you apply online. Why should you be treated any differently to anyone else.

Because it was not my fault. If I knew that there will be no appointment this week, I would have gone for the premium option from the beginning. This week was the last one suitable for me to go for the average processing time (8 weeks).

Anyway I guess the option should be there for everybody as the visa application has not yet been processed.

The 'option' was abused in the past and the service is now outsourced to UKCVAS.

That is an issue between you and your employer and not an immigration issue.

Yes, but I guess that my employer has already sent a letter to UKVI informing them about my new end date. So will it be possible for my employer to just cancel it now?

Your current employer only informs HO within 10 days after your LAST day of work and not when you hand in your resignation letter!!!

[mksoi]

Good to know that. Still there will be a problem, because the last 10 days of my leave may come before receiving the new visa.

Hope it will be processed sooner.

Thank you for your reply. It seems that nothing can be done now.

[CR001]

Note that your current visa isn't automatically cancelled the minute you stop working. Your employer doesn't cancel your visa, HO does and curtailment letters take a while to get sent.

That aside, we always advised members not to resign until they have their new visa as there is no guarantee a visa will be granted.

[mksoi]

Thank you for your advice.
Hope I will get the visa within 7 weeks otherwise I will be in troubles.
There is nothing more that I can do at this time.

[mksoi]

Just a quick question please.

My current Tier 2 visa is issued on 09-01-2017. However, I arrived to the UK on 25-01-2017 and started my job officially on 30-01-2017.

The new visa that I am applying for the new sponsor ends on 31-01-2022.

When can I apply for the ILR? Is it on 09-12-2021, 25-12-2021, or 30-12-2021?

Thank you

[CR001]

When can I apply for the ILR?

No sooner than within 28 days before the initial visa ISSUE date.

[mksoi]

When can I apply for the ILR?

No sooner than within 28 days before the initial visa ISSUE date.

Thank you for your reply. Then I have to plan to book my ILR appointment no earlier than 13-12-2016.
I heard that, going 5 years back, I also should be in the UK. But I was not in the UK at that date (5 years back)!

[CR001]

I heard that, going 5 years back, I also should be in the UK. But I was not in the UK at that date (5 years back)!

Not sure where you 'heard' that but it is NOT relevant to ILR. It is applicable to British citizenship applications only.

[mksoi]

Thank you very much