Tier2 change in employer

once we get the visa stamp of the new employer, is it legal to work for the old employer for completing the notice period. Just to be on safer side want to resign from job only after the new visa gets stamped. but then i have to work for around a month to complete the notice period.
Can anyone please confirm this.
Also, do we need to show any document to prove that the job is in shortage list.
Am in-country applicant.
Lastly, please state if i am wrong (asked this in my old post also), i understand change of employer is not switching teh immigration cateogary/ visa. Its just extending your stay even if your visa of old employer is valid till 2014.

Ash8 wrote:once we get the visa stamp of the new employer, is it legal to work for the old employer for completing the notice period.

You may work with the old employer up until the day preceding the "issue / effective date" mentioned on the new visa stamp.

sushdmehta wrote:

Ash8 wrote:once we get the visa stamp of the new employer, is it legal to work for the old employer for completing the notice period.

You may work with the old employer up until the day preceding the "issue / effective date" mentioned on the new visa stamp.

didnt really get it... if i apply for same day application then issue date will be that day and then i have to inform my existing employer and complete one months notice.
Please correct me if I am wrong.

keep it simple. notice period etc. is a matter between you and employer to sort out -not immigration related

lets say your currently issued visa(from current employer) is valid till 1st October 2011.

you apply based on new COS from different employer. and that visa is granted starting from 1st July 2011.

Then you MUST stop working for your current employer BEFORE 1st July 2011.

Hope this explains.

Also, i dont know whats exactly the legal position but, i am sure they CANT force you to work beyond 1st July, to complete notice period, as it would be ILLEGAL, and consequence for them will be serious if they force you to continue working beyond 1st July 2011.

cheers

arsenal49 wrote:keep it simple. notice period etc. is a matter between you and employer to sort out -not immigration related

lets say your currently issued visa(from current employer) is valid till 1st October 2011.

you apply based on new COS from different employer. and that visa is granted starting from 1st July 2011.

Then you MUST stop working for your current employer BEFORE 1st July 2011.

Hope this explains.

Also, i dont know whats exactly the legal position but, i am sure they CANT force you to work beyond 1st July, to complete notice period, as it would be ILLEGAL, and consequence for them will be serious if they force you to continue working beyond 1st July 2011.

cheers

Thanks. It makes sense.

arsenal49 wrote:keep it simple. notice period etc. is a matter between you and employer to sort out -not immigration related

lets say your currently issued visa(from current employer) is valid till 1st October 2011.

you apply based on new COS from different employer. and that visa is granted starting from 1st July 2011.

Then you MUST stop working for your current employer BEFORE 1st July 2011.

Hope this explains.

Also, i dont know whats exactly the legal position but, i am sure they CANT force you to work beyond 1st July, to complete notice period, as it would be ILLEGAL, and consequence for them will be serious if they force you to continue working beyond 1st July 2011.

cheers

Had another question ...
If there is a gap between the last day of employement with previous employer and new COS issue date and joining the new company will that effect ILR.. I mean last date is say 29th of May and COS start date is 1st of june and i join the new company on 4th. is that legal...
as i wont be employed between 29th and 4th. Will this effect ILR. please confirm.

your stay will not be illegal at any time because u would be given 60 days to look for new job. obviously u have already got a new job so 4-5 days dont matter that much

i dont know about ILR rules close enough to advise u on that. but the fact is:

your leave is valid AT ALL TIMES under tier 2, even when u r unemployed for a week or so

Hi
I am presently on Tier 2 Visa working with the NHS, this expires on 30th June. Now- I have been selected by abother NHS Trust and the start date for the CoS is 27 th July. I haven't resigned from my current post. The current employer needs a notice period of 3 months. I do not want to resign till the CoS is issued and new Tier 2 Visa stamped.
What would you advise I do ?
There is also a gap of 26 days between the Old Visa expiry and the new start date (where I would be without any visa at all ) Should the new Trust be requested to advance the start date for the CoS ?
Its complicated. I hope you would be able to analyze it all and give me a helpful advice.
Many thanks,
Rajan

all u need to do is make sure the new trust issues u a cos with a start date of the start of contract BEFORE the end of your current visa. In this way, you will be able to apply for the new leave (within uk) before your current visa expires.
I dont see a reason why u should resign from your current job if your current contract ends before the new job starts at new trust.

iworker wrote:all u need to do is make sure the new trust issues u a cos with a start date of the start of contract BEFORE the end of your current visa. In this way, you will be able to apply for the new leave (within uk) before your current visa expires.
I dont see a reason why u should resign from your current job if your current contract ends before the new job starts at new trust.

Thanks.
In that case there will be a time when there will be 2 CoS' in my name, would that be okay/ legal ?
I would need to resign from my current post as my contract expires in Sept while the CoS expires 30th June.
Is it necessary to join the new job on the date given as the start date on the CoS or can it be later ?

It is not allowed to have 2 cos at the same time.
However, u wont have 2 cos.
Right now there is no cos assigned to you. The cos that was assigned to you when u applied your current visa, its status is now 'Used'.
Cos is in 'assigned' state once the employer has assigned it till the visa is issued. Once you have used that cos to obtain a visa, its status is changed to 'used'.

iworker wrote:It is not allowed to have 2 cos at the same time.
However, u wont have 2 cos.
Right now there is no cos assigned to you. The cos that was assigned to you when u applied your current visa, its status is now 'Used'.
Cos is in 'assigned' state once the employer has assigned it till the visa is issued. Once you have used that cos to obtain a visa, its status is changed to 'used'.

Many thanks iworker.
I would be grateful if you answer the last part of my query too.
Is it necessary to join the new job as the date specified as the start date on the new CoS, or can I join later say 2 months later ?

u wont be allowed to work for your current employer after the 'start date' on the visa.
Why dont u ask your prospective employer to issue u a cos with a start date of 3 months in future. In this way you can get the visa sorted in few days and then you can resign after getting the visa.

The prospective employer is willing to give the start date 3 months in advance, however by the time the visa is sorted that would take away about a week to 15 days off from the 3 months. Whereas the current employer requires 3 months notice period.
Also the end of work date on the used CoS is May 2015, whereas the Tier 2 Visa expiry date is 30th June '15. After the visa is issued does the CoS end of work date have any significance ?
Thanks again for your valuable input

Will your present sponsor want to extend your employment beyond May 15 and, if so, do they intend to assign a new CoS to you soon? What is the exact work end date in the present CoS?

manci wrote:Will your present sponsor want to extend your employment beyond May 15 and, if so, do they intend to assign a new CoS to you soon? What is the exact work end date in the present CoS?

Thanks for the reply.
The Work dates on the CoS are:
Start date 1June 2012
End date 31 May 2015

Will your present sponsor want to extend your employment beyond 31 May 15 and, if so, do they intend to assign a new CoS to you soon?

Note that you cannot have 2 live (unused) CoSs at the same time

Yes if requested they would apply for a new CoS and would be willing to extend my employment beyond 31st May.

Yes if requested the current employer would apply for a new CoS and would be willing to extend my employment beyond 31st May.

rajan55 wrote:Yes if requested the current employer would apply for a new CoS ......

if requested by who?

If they don't assign a new CoS to you and you don't apply for a new visa they cannot continue employing you beyond 31 May irrespective of what notice period is written in your employment contract and if that is the case the start date of the new CoS can be 1 June.

manci wrote:

rajan55 wrote:Yes if requested the current employer would apply for a new CoS ......

if requested by who?

If they don't assign a new CoS to you and you don't apply for a new visa they cannot continue employing you beyond 31 May irrespective of what notice period is written in your employment contract and if that is the case the start date of the new CoS can be 1 June.

Thanks v much.

(Requested by me)

If the CoS with the new employer starts on 1st June, is it possible to join, say on 7th June ? or Can the new Cos start date be 7th June ?