Post
by ukbagod » Tue Apr 02, 2013 12:06 pm
Dear Mr Islam,
I refer to your questions posted Tue Apr 02, 2013 10:07 am. As a reminder to all others under similar immigration conditions (change of employment), certain points as per UKBA rules and advice must be given attention to detail.
1) Do not resign (irrespective of notice period) from your present job until you have been approved for a new employer's Tier 2. As per immigration rule, once the subject (you) have resigned from your current employer, you stay will become invalid after 60 days (or the time of your Tier 2 expiry- whichever shorter). Hence, it is highly recommended for one NOT to resign until you have heard back from UKBA.
2) Should your new application to change employer approved, then your present work with your old employer is viewed illegal. Hence, you must leave your employer as immediately as possible and start with your new employer.
3) A notice period is indeed a legal but humanly-gentleman agreement between you and your employer. In future, once you should talk through your employer and explain to them that although you are keen to complete the notice period, the UKBA as per immigration rules will overlook such factor and that your employer will be subjected to £10 000 fines for employing illegal immigrant (you) who should be at that time be working with his/her latest employer.
4) The "work for 20 hours for next 6 months at evening from remotely as a contract basis" is only allowed if :
a) Your new employer (assuming UKBA has approved) must give you such permission, which you should be very careful on even asking his/her permission. I would not appreciate my new employee to continue working for his previous employer for a number of minutes/hours/days/months as this would indicate you would be a 'fragile' worker who will move to a different employer should you find better prospect. Beware that this will cause a 'black mark' on the employer's views on you.
b) If this (a) approved, then your previous employer must also have a valid sponsors' license and comply to certain immigration rules as they would still be employing a migrant worker.[/color]
[color=green]5) Due to recent abolishment of UKBA's agency status, your application might take a longer, very much linger time that anticipated. Hence,after 60 days (or the time of your Tier 2 expiry- whichever shorter), you would not be entitled to work while waiting for a decision on your Tier 2 visa application. Your employer would be liable for a fine if they continue employing you after this period. Do not undermine UKBA's capacity to 'find you out' as they have full access to your history, national insurance and more.
I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.
Many thanks
UKBA God :)
Last edited by
ukbagod on Tue Apr 02, 2013 11:17 pm, edited 1 time in total.
