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Urgent question on COS/Switching Employer

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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coventry2011
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Urgent question on COS/Switching Employer

Post by coventry2011 » Tue Sep 10, 2013 3:29 pm

Hi All

If date of resignation is 31st October 2013 & visa validity after switching from ICT to T2-General starts from 15 October 2013. Will this present a problem?
So in short, Can a visa "start date" start before last day served at previous employer?

Regards

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Sep 10, 2013 7:36 pm

what is the work start date in the T2G CoS?

coventry2011
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Urgent question on COS/Switching Employer

Post by coventry2011 » Tue Sep 10, 2013 9:25 pm

Hi,

Ahhh... a bit of background then.

My prospective employer is conducting the RMLT now. According to them, CoS approval (or submission not sure which) is going to happen tomorrow & a CoS ready by first week of October.
On the assumption that CoS will be granted in October, A PEO appointment in October has been booked.

http://www.immigrationboards.com/viewtopic.php?t=140970

Based on the advice in the above thread, I have not served my notice yet.
Also, since the CoS is still work in progress, [b]I do not know the start date yet.[/b]

Should I be concerned about the start date? Hence my original question.
Since my notice to the current employer could be upto 3 months, should I tell my future employer to say start date on CoS as Jan 1, 2014 or later?
Since it is PEO application, I am making the assumption that visa will be granted on the 14th of October with start date as 14th October.
Obviously this date is well before my notice period ends with my current employer.

My visa with the current employer runs till April 1, 2014 & my future employer would like me to join as soon as legally possible.

Your help & advise is much appreciated.

Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Sep 10, 2013 9:56 pm

A CoS can only be assigned once the RLMT has been successfully completed. The actual assignment only takes a matter of minutes online.

Book (or re-book) the PEO appointment as soon as you have the CoS. Only give notice to your current employer once your application has been approved in writing -you will get a letter within about a week of the PEO appointment but the caseworker will tell you on day if your application has been successful.

The only question is what work start date to put in the CoS because you cannot work beyond this date in your current employment. This will depend on the date the new sponsor is ready to assign your CoS, the date of the PEO appointment and the length of the notice period.

coventry2011
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Joined: Wed Jun 05, 2013 10:15 am

Post by coventry2011 » Tue Sep 10, 2013 10:14 pm

Thanks for the quick reply. Much appreciated.

I will take this into account & talk to my future employer about the CoS start date.

But a silly question now.
Can my future employer mention on the CoS the start date as say Jan 15, 2014 but still keep the October appointment?
i.e., Is there a max time limit between PEO appointment & the CoS start date?

Regards

coventry2011
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Posts: 10
Joined: Wed Jun 05, 2013 10:15 am

Post by coventry2011 » Tue Sep 10, 2013 10:25 pm

Thanks for the quick reply. Much appreciated.

I will take this into account & talk to my future employer about the CoS start date.

But a silly question now.
Can my future employer mention on the CoS the start date as say Jan 15, 2014 but still keep the October appointment?
i.e., Is there a max time limit between PEO appointment & the CoS start date?

Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Sep 12, 2013 8:31 am

see para 172 of the T2 policy guidance:

You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.

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