Notice Period on Skilled Worker Visa while ICT expired

[dilip777]

Hi All,

I have complicated situation need your help.

Situation is as follows:
I am on ICT visa in UK completing 5 years on 4th May 2022 and now on notice period with last working day as 22nd June 2022.
Have got a skilled worker visa sponsorship from my new employer( BRP received). CoS start date is 5th May.
Now new employer has said they are planning to change CoS date to 23rd June 2022 as I can only join on 23rd June.
So the question is about my notice period-
As my current ICT visa is expiring on 4th May, Can I serve remainder of the notice period till 22nd June on the New Skilled worker visa.(the CoS start date will be 23rd June)

[manci]

As my current ICT visa is expiring on 4th May, Can I serve remainder of the notice period till 22nd June on the New Skilled worker visa.(the CoS start date will be 23rd June)

Yes, you are allowed to work out the notice period with your current employer.

[dilip777]

Thank you for your reply. However, I am being asked to serve my notice period out of country as my ICT is expiring on 4th May and my current org says I cant work in UK on new employer visa. I dont seem to have any choice but to comply. So I had a concern about its Long term impact.Will this be considered as an allowable absence for ILR calc? (around 50 days).

[manci]

my current org says I cant work in UK on new employer visa

This is not correct. From the guidance to sponsors:

S8.8. A worker who is sponsored on a Worker route or a Global Business Mobility route other than Service Supplier, and is making a ‘change of employment’ application, is permitted to work out a contractual notice period for their existing employer, provided they were lawfully working for that employer on the date of application.

Will this be considered as an allowable absence for ILR calc? (around 50 days).

This in itself will not have an impact on your eventual application for ILR