Graduate Visa to Tier 2 Skilled Worker Visa

[dannym]

Hi all,

I am currently on the graduate route visa, and I am looking to accept an offer from a company which can sponsor me for a tier 2 visa.

Here is the situation, my current employer (which can also sponsor me) requires a 4-week notice period contractually. However, my graduate visa expires in less than 2 weeks.

Once I get the CoS from the new employer, can I apply for a new visa then, but still work out my notice period with the current employer:
1. while awaiting visa decision?
2. when the visa has been granted?

If at all possible and convenient, please provide the link to the source which supports your response.

Thank you so much for your time!

[manci]

my graduate visa expires in less than 2 weeks

Make sure you get a CoS and apply before your Graduate visa expires otherwise you'll become an overstayer

Once I get the CoS from the new employer, can I apply for a new visa then, but still work out my notice period with the current employer:
1. while awaiting visa decision?
2. when the visa has been granted?

1
yes, because section 3C of the 1971 Immigration Act applies and your permission on the Graduate route continues until a decision is made on your SW application
2
yes, you are allowed to work out your notice period. See S3.14 https://assets.publishing.service.gov.u ... 1.0___.pdf

[dannym]

Hi manci,

Thank you so much for your reply. It was so helpful!

I would just like to ask if I get sponsored by my current company first to finish my notice period, will I be able to apply to transfer that working visa to my new employer?

[CR001]

You cannot "transfer* your new skilled worker visa, if your current employer sponsors you, to a new employer.

You would have to apply and pay for a new skilled worker visa.

[dannym]

Thank you for the clarification.

I think this would be my last question:

If I apply for a visa under my current employer, but then receive my CoS from the new employer while the application is pending, can I apply for a new visa with the new CoS and then withdraw the application under my current employer?

Thanks all for all your help.

[Frontier Mole]

Only one live COS can be in the system at any one time. So if your current employer issues a COS that effectively locks out another employer from issuing a COS.

A new COS can be issued if the current employer withdraws their COS, if they are not willing to do that you have to wait until the COS expires before another COS can be issued.

[dannym]

Hello,

My concern is my graduate visa would already be expired by that time, so if I withdraw my application to apply with the new CoS, would that not effectively make me an overstayer?

Thanks!