change of employment - notice period



  • Hi,

    I have Tier 2 General leave to remain visa, extended for 3 more years.

    Current visa is valid until beginning of 2021.

    I got an offer from new employer who is willing to sponsor me. They issued a new certificate of sponsorship (CoS) with a work start date in September 2018 (which is less than 1 month from today). I had submitted priority postal application in Jul, but it takes longer than I expected for documents to be processed.

    If decision with regards to the visa is made by UKVI and documents are received next week (mid August 2018) I can give a notice to my current employer. This gives me the termination date of my current employment - end of September / beginning of October.

    Question(s): am I still legally allowed to work for my old employer during the notice period even though new visa with a CoS states September as a start date? When old visa will be "terminated"/"withdrawn"?

    The only information I managed to find in Tier 2 Guide (p56, 219):

    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.

    and from Tier 2 Sponsor Guide (p172, 39.31):

    The migrant can continue working in their original job, for their original sponsor, provided their last grant of leave or worker authorisation has not expired, until the start date of the new job, as stated on their new CoS.

    What do they mean by expiry? My current visa expires in 2021. Will it be "terminated" ("expired"?) if the new one is issued?

    I'd appreciate if there's any article/doc or something that clarifies.

    Thank you,



  • Any response would be appreciated.

    Thank you,


  • Immigration Adviser

    Hi @indrik

    You cannot continue to work for your previous employer beyond the start date listed on your certificate of sponsorship for your new employer. Therefore, if your start date is in September, you wouldn't be able to work for your current employer past that point.



  • @jason How about if new employer agrees for me to serve the notice and change start date on CoS to end of notice period.
    Will Home Office be happy with this change?
    Thanks in Advance
    AB


  • Immigration Adviser

    @anita

    The employer must update the start date on the CoS and provide the reason for this change.


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