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3 Month Notice period- confusion

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

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tomvijay
Newly Registered
Posts: 12
Joined: Tue Feb 15, 2022 2:20 pm
United Kingdom

3 Month Notice period- confusion

Post by tomvijay » Fri Feb 18, 2022 1:58 am

Hello All,

I am doing change of employment in Skilled Worker Visa.

COS assigned date: 11 Feb
COS Expiry date: 12 May
In COS Work Start date: 01 March

My current company has 3 months notice so I submitted my resignation as soon as I got my new COS.

I need to work with my current employer till --- 11th May
I am planning to apply my VISA in priority so I expect to get it by --- March month

If my VISA is approved then from March till May month I will be working still for my old / current employer to satisfy the notice period but with my New BRP(new CoS number). Is this correct way of doing?

Thanks

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

Re: 3 Month Notice period- confusion

Post by manci » Fri Feb 18, 2022 11:49 am

You are allowed to work out the notice period with your current sponsor but since the start date in your new job will be delayed by more than 28 days beyond the start date given in the CoS the new sponsor should inform the HO via the SMS of the revised start date (assuming of course that they agree to the delay).
Personal opinion, not professional or legal advice

tomvijay
Newly Registered
Posts: 12
Joined: Tue Feb 15, 2022 2:20 pm
United Kingdom

Re: 3 Month Notice period- confusion

Post by tomvijay » Fri Feb 18, 2022 4:01 pm

Thank you very much for the reply.

I am planning to ask the new company to change the start date in COS to match the joining date.

So if they change the COS start date to May 12th and my joining date also May 12th.
1. Can I apply my VISA by April month?
2. 28 day calculation is date of applying online or submitting the bio-metric in office?

Thanks

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

Re: 3 Month Notice period- confusion

Post by manci » Fri Feb 18, 2022 4:32 pm

tomvijay wrote:
Fri Feb 18, 2022 4:01 pm
I am planning to ask the new company to change the start date in COS to match the joining date.
The CoS doesn't need changing, the new sponsor should just inform the HO via the SMS of the delayed start date (as licenced sponsors they should know this).

I expect you already told them of the delayed start date and they agreed.
tomvijay wrote:
Fri Feb 18, 2022 4:01 pm
1. Can I apply my VISA by April month?
2. 28 day calculation is date of applying online or submitting the bio-metric in office?
1. You can apply any time from now until 11 May
2. you misunderstood my previous post about the 28 days, read it again
Personal opinion, not professional or legal advice

tomvijay
Newly Registered
Posts: 12
Joined: Tue Feb 15, 2022 2:20 pm
United Kingdom

Re: 3 Month Notice period- confusion

Post by tomvijay » Fri Apr 01, 2022 11:03 am

Hello Manci,

Thank you for your reply.
I got my BRP.

Few more queries,
1) In COS Sponsor Note - It was mentioned Start Date as 24 APRIL but in BRP date of issue is 27 March. Is this normal because I can start working on 24th April only.

2) And also for me and my dependent the end dates are different by 25 days. What could be the reason?

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

Re: 3 Month Notice period- confusion

Post by manci » Fri Apr 01, 2022 11:53 am

tomvijay wrote:
Fri Apr 01, 2022 11:03 am
1) In COS Sponsor Note - It was mentioned Start Date as 24 APRIL but in BRP date of issue is 27 March. Is this normal because I can start working on 24th April only.
This is normal, the start date on the BRP is always the date it is issued. You can continue working out your notice period with your present employer
tomvijay wrote:
Fri Apr 01, 2022 11:03 am
2) And also for me and my dependent the end dates are different by 25 days. What could be the reason?
No idea, I am afraid. The BRP end date is normally the same for the main applicant and the dependants. Your end date should be 14 days after the work end date in the CoS and according to the immigration rules:
SW 36.1. A partner will be granted:
(a) permission which ends on the same date as their partner’s permission as a Skilled Worker
Personal opinion, not professional or legal advice

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