Start Date on CoS vs Actual Start date

[MissionPossible]

Fact: I'm currently on TIER 2 ICT Est Staff (valid from Sep'2010 until mid 2013) and would be shortly initiating a switch to TIER 2 General with a different sponsor within UK.

Situation+Doubt:
Scenario 1
If start date on unrestricted CoS is mentioned as 1st Jan and say I get my TIER 2 General VISA by 15th Jan, can I keep on working with my present employer till 15th Jan or will have to stop by 1st Jan whether or not I get VISA?

Scenario 2
If start date on unrestricted CoS is mentioned as 1st Feb and say I get my TIER 2 General VISA by 15th Jan, can I join my new employer before the date mentioned on CoS ?

Reason behind this doubt : I have read somewhere about 60 day rule that you can continue to work with previous employer even after switching thus wanted to understand it clearly so that I can manage notice to my current employer and start date on CoS more effectively.

Please confirm or rectify my understanding on this and if possible , state the section of Guidance which is relevant to this doubt.

[manci]

Fact: I'm currently on TIER 2 ICT Est Staff (valid from Sep'2010 until mid 2013) and would be shortly initiating a switch to TIER 2 General with a different sponsor within UK.

Situation+Doubt:
Scenario 1
If start date on unrestricted CoS is mentioned as 1st Jan and say I get my TIER 2 General VISA by 15th Jan, can I keep on working with my present employer till 15th Jan or will have to stop by 1st Jan whether or not I get VISA? you can carry on working for your present employer until 14 Jan, see immigration rule 245HE(g)(iii)(4). Your new leave will not be backdated to 1 Jan, it will start on 15 Jan.

Scenario 2
If start date on unrestricted CoS is mentioned as 1st Feb and say I get my TIER 2 General VISA by 15th Jan, can I join my new employer before the date mentioned on CoS ? no, the period of engagement starts on 1 Feb and the your new leave will also start on 1 Feb. See T2 policy guidance, para 182

Reason behind this doubt: I have read somewhere about 60 day rule that you can continue to work with previous employer even after switching thus wanted to understand it clearly so that I can manage notice to my current employer and start date on CoS more effectively.

Please confirm or rectify my understanding on this and if possible , state the section of Guidance which is relevant to this doubt.

[MissionPossible]

Many Thanks for quick response Manci as always.

Doubt 1
Regarding your reply to Scenario 2, when I refer para 182 of T2 guidance it does not seem to be very clear to me. Infact, below mentioned is also stated for entry clearance. Does it mean if VISA is process is completed before start date then I can start working with new sponsor max 14 days before the start date on CoS or this period only refers to period allowed for entry into UK?

(beginning no more than 14 days before the start date given on your Certificate of Sponsorship)

Also, I cannot locate the row from Table for Tier2 General for "Leave to Remain" which would be applicable for TIER2 ICT Est Staff before 6 April 2011 in para 182. Please comment.

Doubt2
Another doubt from Para 193 of T2 guidance.What is the meaning of "risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us" ?

It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

So I interpret above para as, baring the one risk (which I do not understand ) , it is alright to start working with new sponsor before receiving BRP provided I have received approval letter.

[manci]

Many Thanks for quick response Manci as always.

Doubt 1
Regarding your reply to Scenario 2, when I refer para 182 of T2 guidance it does not seem to be very clear to me. Infact, below mentioned is also stated for entry clearance. Does it mean if VISA is process is completed before start date then I can start working with new sponsor max 14 days before the start date on CoS or this period only refers to period allowed for entry into UK? yours will not be an entry clearance application

(beginning no more than 14 days before the start date given on your Certificate of Sponsorship)

Also, I cannot locate the row from Table for Tier2 General for "Leave to Remain" which would be applicable for TIER2 ICT Est Staff before 6 April 2011 in para 182. Please comment. you are right, the table at para 182 in the T2 policy guidance does not seem to cover T2 ICT Established Staff (initial grant of leave before 6 April 2011), however, refer to immigration rule 245HE (a), (b) and (e). The leave to remain in the new employment starts with the beginning of the period of engagement (the work start date given in the CoS) and you cannot start work earlier.

Doubt2

Another doubt from Para 193 of T2 guidance.What is the meaning of "risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us" ?

It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.

So I interpret above para as, baring the one risk (which I do not understand ) , it is alright to start working with new sponsor before receiving BRP provided I have received approval letter. yes, as per quote

[fujia]

Hi manci,
My situation is pretty close to Scenario 1. The only difference is my visa is Tier 2 intra company transfer short term staff. My visa period is 12 months. My proposed start date is 1/1/2014. My actual start date is 27/01/2014. Does this mean my finished date will be on 26/01/2015?

Thank you very much!

Fact: I'm currently on TIER 2 ICT Est Staff (valid from Sep'2010 until mid 2013) and would be shortly initiating a switch to TIER 2 General with a different sponsor within UK.

Situation+Doubt:
Scenario 1
If start date on unrestricted CoS is mentioned as 1st Jan and say I get my TIER 2 General VISA by 15th Jan, can I keep on working with my present employer till 15th Jan or will have to stop by 1st Jan whether or not I get VISA? you can carry on working for your present employer until 14 Jan, see immigration rule 245HE(g)(iii)(4). Your new leave will not be backdated to 1 Jan, it will start on 15 Jan.

Scenario 2
If start date on unrestricted CoS is mentioned as 1st Feb and say I get my TIER 2 General VISA by 15th Jan, can I join my new employer before the date mentioned on CoS ? no, the period of engagement starts on 1 Feb and the your new leave will also start on 1 Feb. See T2 policy guidance, para 182

Reason behind this doubt: I have read somewhere about 60 day rule that you can continue to work with previous employer even after switching thus wanted to understand it clearly so that I can manage notice to my current employer and start date on CoS more effectively.

Please confirm or rectify my understanding on this and if possible , state the section of Guidance which is relevant to this doubt.

[gator8]

Hi manci,
My situation is pretty close to Scenario 1. The only difference is my visa is Tier 2 intra company transfer short term staff. My visa period is 12 months. My proposed start date is 1/1/2014. My actual start date is 27/01/2014. Does this mean my finished date will be on 26/01/2015?

Thank you very much!

Fact: I'm currently on TIER 2 ICT Est Staff (valid from Sep'2010 until mid 2013) and would be shortly initiating a switch to TIER 2 General with a different sponsor within UK.

Situation+Doubt:
Scenario 1
If start date on unrestricted CoS is mentioned as 1st Jan and say I get my TIER 2 General VISA by 15th Jan, can I keep on working with my present employer till 15th Jan or will have to stop by 1st Jan whether or not I get VISA? you can carry on working for your present employer until 14 Jan, see immigration rule 245HE(g)(iii)(4). Your new leave will not be backdated to 1 Jan, it will start on 15 Jan.

Scenario 2
If start date on unrestricted CoS is mentioned as 1st Feb and say I get my TIER 2 General VISA by 15th Jan, can I join my new employer before the date mentioned on CoS ? no, the period of engagement starts on 1 Feb and the your new leave will also start on 1 Feb. See T2 policy guidance, para 182

This reference (para 182) is obsolete (is it para 202 in the updated version?). Can you please point out to me this statement in the T2 policy guidance 2016? I want to know if the work start date must be the date stated in CoS application or if it is possible to start immediately after entry date (12 days prior to stated CoS start date). Thanks. I'm really confused with this.

https://www.gov.uk/government/uploads/s ... 4_2016.pdf.