Allowed gap between employer switch

[ustulation]

Hey all,
I am switching employers as a Tier 2 General migrant. Here's some info. on which I'll base my questions:

1. My 1st visa's CoS start date was 16th March 2016 (the BRP date was a few days before that). However I came to the UK on 6th April 2016 and started working from 7th April 2016. This information was later updated by the employer using the SMS tool stating the reason as "relocation delays".
2. I've got the new CoS allocated and a new Tier 2 Application approved (still waiting for the BRP to be dispatched though) and my new employment start date (as in the new CoS) is 25th Jan 2020.
3. My job titles and roles are very different in the two CoS although the overarching industry is the same. I don't think this should matter as everything is new with a new CoS anyway, but just mentioning in case it matters in some way.

Questions:

1. I don't think anything prior to the 1st start date of the 1st visa matters. However just asking to be sure, will the period between 16th March and 7th April be counted as an unemployed and/or unpaid period etc. by any chance or do all calculations for me begin from 7th April 2016, the day I started to 1st work ?
2. Does my 5 year period for the 1st visa start from 7th April 2016 too or is that from 16th March 2016, for the purposes of ILR later (if I hadn't got a new employment in the meantime) ?
3. I think the 60 day of unemployed and unpaid period during job switches has been scrapped. So could I resign immediately ? Or does that apply to only those who hold their 1st visa after a certain date ? My employer could pay me in lieu of notice and terminate my employment on the date of resignation itself. If that day is say today, 11th Nov 2019, I would have more than a 60 day gap between the two employments (the next one begins 25th Jan 2020). Will this negatively affect anything ? Or should I wait (and how long) more before I tender my resignation ?
4. What happens after my current employment ends and the employer informs Home Office ? Do they issue me with a curtailment letter and am I then expected to reply back to them saying that I have already got a new visa with CoS start date of 25th Jan 2020 ? Or would I have to leave the country and re-enter around the start date of my new CoS etc. ?

[ustulation]

Hi, would anyone know the answer to the questions here. Thanks !

[CR001]

1. The absence between visa issue date and entry date counts towards the 180 days limit.

2. It starts from the date the first visa was issued.

3. There is no 60 days employment gap rule. We would never advise someone to resign until they have a new visa. Therebis no guarantee a visa will be approved and then you are also unemployed and your current visa could be curtailed. If you resign, you also cannot do any form of work until you get your new visa and start working for your new sponsor.

4. It could start the process of curtailment yes and the letter will give you a set date by which to either leave the UK or make another application. You don't reply to the letter. If you have already applied for a new visa, then you simply wait to hear back about the decision. Curtailment letters can take a few months. If you leave your job etc, you also should not travel out of the UK.

[ustulation]

Thank you so much for taking time to answer, @CR001 !

1. The absence between visa issue date and entry date counts towards the 180 days limit.

Aha, didn't know that. So even if the employer eventually updated via the SMS tool that the start date was delayed, the gap still counts towards the 180 days limit.

OK I'm pretty fine for the 180 days limit as I'm nowhere close to that in any rolling 12 month period. However this makes me concerned if this then also counts towards the 4 week unpaid period. I hope not as I'm technically only starting the employment on the given Tier-2 General since the start date that's on my offer letter and this date was also updated via SMS by the employer (thought after 3 years as I had told them about it and they realised they had missed doing it back then).

Q) So does it count towards the 4 week unpaid absence or anything else that can affect the ILR eligibility ?

We would never advise someone to resign until they have a new visa. Therebis no guarantee a visa will be approved and then you are also unemployed and your current visa could be curtailed.

Very good advice indeed. However, in my case the application has been approved and I'm only waiting for the BRPs to come through. In-fact, I even got partial IHS fees for my spouse refunded from the current visa that she's on for which I had paid for in the past. This tells me that the new visa is definitely gone through and it's just the physical BRPs we are waiting for.

Q) But I guess even in this situation you would advise to hold off on tendering the resignation until the actual card comes through or does that change you opinion a bit ?

[CR001]

1. The absence between visa issue date and entry date counts towards the 180 days limit.

Aha, didn't know that. So even if the employer eventually updated via the SMS tool that the start date was delayed, the gap still counts towards the 180 days limit.

OK I'm pretty fine for the 180 days limit as I'm nowhere close to that in any rolling 12 month period. However this makes me concerned if this then also counts towards the 4 week unpaid period. I hope not as I'm technically only starting the employment on the given Tier-2 General since the start date that's on my offer letter and this date was also updated via SMS by the employer (thought after 3 years as I had told them about it and they realised they had missed doing it back then).

Q) So does it count towards the 4 week unpaid absence or anything else that can affect the ILR eligibility ?

It simply is counted as part of the absence limit per 12 month. You are overthinking.

We would never advise someone to resign until they have a new visa. Therebis no guarantee a visa will be approved and then you are also unemployed and your current visa could be curtailed.

Very good advice indeed. However, in my case the application has been approved and I'm only waiting for the BRPs to come through. In-fact, I even got partial IHS fees for my spouse refunded from the current visa that she's on for which I had paid for in the past. This tells me that the new visa is definitely gone through and it's just the physical BRPs we are waiting for.

Q) But I guess even in this situation you would advise to hold off on tendering the resignation until the actual card comes through or does that change you opinion a bit ?

If you have an approval email then yes fine to resign.

[ustulation]

@CR001

Cheers ! Puts me at ease.

At the risk of being looked upon as just noise, I would also like to thank you for all the time and effort you have put in your various posts and answers elsewhere. They have been extremely valuable and at-least I feel privileged to have answers to so many involved queries gratis !

Ta !

[CR001]

You're welcome. Feel free to ask any further questions you might have