3 month notice period

[ax0alpha]

Hi,

Regarding change of employer on a Tier 2 visa, I understand that the latest you cast start the new job is 3 month after issue of certificate of sponsorship.

This, if combined with a 3 month notice period, effectively forces the employee to give notice the very same day they receive certificate of sponsorship, meaning before even applying to the BRP, let alone waiting until you get the new BRP.
Which means the only option is to jump ship before even having a guaranteed BRP ? I do not know if that's a risk worth taking.

thank you for your input on this.

[CR001]

Once a CoS is assigned., it is valid for 90 days to facilitate visa application, not start a new job. The start date can be different to the 90 day cos validity.

UKVI also know people switching employers need to service notice. You should inform your new employer of your notice period and plan accordingly.

[ax0alpha]

thank you for your help.

To further clarify your answer if I may please, let's imagine receiving CoS on day 1, on day 30 I get the BRP, on the same day I give the 3 month notice. This means I can only start on day 120 ! does UKVI allow this ?

I was confused because the CoS has a "start date" on it. but you're saying the start date can be extended even beyond 90 days ?

[lolo2]

Which means the only option is to jump ship before even having a guaranteed BRP ? I do not know if that's a risk worth taking.

thank you for your input on this.

You don't need to wait for the new BRP to give notice, you can start that for example when you receive a confirmation of successful application, which happens a few days before you receive a BRP.

Normally applicants should inform the new employer of the current notice period for them to plan accordingly, that includes setting the start date up on the CoS. In other words, the new employer can put a start date in the CoS in the future taking into account the notice period you need to serve. If that "start date" is still delayed for several days they can amend this in their system.

Usually sponsors know how to proceed in these cases. Your duty is to inform the new sponsor the notice period in the current role before them issuing a CoS.

[ax0alpha]

thank you all. much appreciated.

based off of your feedback, i searched some more and found that there is this 28 day rule, which allows the employee to start working at the latest 28 days after the start date on the CoS (although could not find a gov website source).

with all this info in mind, i think the best approach for me would be :
1- day number 1, ask the new employer to apply for CoS with a start date of 90 days from now (i.e. day number 90), which is the maximum allowed anyway.
2- once CoS acquired, apply for BRP preferably with priority service.
3- BRP must be issued/received earlier than day number 28, that is if I want to be able to have my new BRP at hand before giving notice to current employer, eliminating any uncertainty risk.
- give notice to current employer. the 3 month notice clock starts.
- start the new job no later than day number 118 (date on CoS + 28 day rule)

if step 1,2,3 take longer than 28 days, the only option left is that current employer lets you go earlier than 3 months (if they say no, not only you can't change jobs, but your current employer with whom you are stuck now know you were looking to leave)

[ax0alpha]

further details found here : https://www.gov.uk/skilled-worker-visa/ ... r-employer

"You can apply to update your visa up to 3 months before the start date of your new job.
You can continue working in your current job while your new application is being considered, or to work out your notice period - as long as you apply before your current visa expires. "

I assume the highlighted statement means you can keep serving the 3 month notice, even if it goes beyond the 3 months after visa application. but the start date should not exceed CoS + 28 days.

[lolo2]

You're overthinking this

A worker can start working even after the 28-days beyond the start date, the employer just needs to amend accordingly in the system, as commented before. UKVI is aware that almost everyone needs to serve a notice period when changing jobs.

See section S3.11, page 24 Workers - sponsors guidance