ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 2 change of employment, notice period/gardening leave

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Mon Mar 25, 2019 10:17 pm

Hi Guys,

I am verbally offered a job and new employer is starting the sponsorship process. It will take till end of May including 28 days ad and internal procedures, etc. They are reputable employer and I assume obtaining the CoS just a matter of time.

The question is I have a 6 months notice period and I think the CoS will only be valid for 3 months. If I gave notice now, which date would be consider my last employment date with current employer? is it the end of my 6 months notice period or HO will issue me a curtailment letter dated earlier than that?

Thanks a lot.
Yuu

User avatar
CR001
Moderator
Posts: 86822
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 change of employment, notice period/gardening leave

Post by CR001 » Tue Mar 26, 2019 9:20 am

End of employment is the last day you work or are employed by your sponsor. They need to inform HO within 10 days of your last day, which will then trigger the curtailment process.

Your 60 days curtailment starts from the date of the curtailment letter sent by HO, which can take a while to get sent out.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Tue Mar 26, 2019 5:59 pm

CR001 wrote:
Tue Mar 26, 2019 9:20 am
End of employment is the last day you work or are employed by your sponsor. They need to inform HO within 10 days of your last day, which will then trigger the curtailment process.

Your 60 days curtailment starts from the date of the curtailment letter sent by HO, which can take a while to get sent out.
Thanks for the reply. However, I am still concerned cos I have 6 months notice period while the CoS only last for 3 months. If I waited till I have successfully received the BPR card, does that mean I will have to wait another 6 months before starting with new employer? In addition, since my visa on previous employer should be invalid, how can I serve the 6 months notice period?

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Tier 2 change of employment, notice period/gardening leave

Post by UKLL » Tue Mar 26, 2019 8:21 pm

Legally you don't need to serve 6 months notice. It is not legally required and your current employer cannot force you to serve the notice period. In fact when you obtain your new visa your current employer cannot keep you anymore from the start date on the CoS, otherwise they are breaching the rules.

It just doesn't look good from a professional point of view

yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Tue Mar 26, 2019 11:06 pm

UKLL wrote:
Tue Mar 26, 2019 8:21 pm
Legally you don't need to serve 6 months notice. It is not legally required and your current employer cannot force you to serve the notice period. In fact when you obtain your new visa your current employer cannot keep you anymore from the start date on the CoS, otherwise they are breaching the rules.

It just doesn't look good from a professional point of view
Thank you for explaining this from a legal point of view. Does this mean for all Tier 2 workers the max. notice period would be equal / less than 3months as the CoS from new employer only validate for 3 months?

User avatar
Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by Frontier Mole » Tue Mar 26, 2019 11:18 pm

Just a couple points

You have been offered a job but it is obvious the RLMT has not been completed. Your potential Sponsor has already breached their Sponsorship Duties... not that reputable a company then?

Does the business have a Sponsor Licence at this time? If they are about to apply for a licence expect it to be refused.

If they have a licence and are going about recruitment in this manner I am not convinced they will have a licence for a great deal of time going forward.

As for notice period - can’t be enforced as already stated.

yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Wed Mar 27, 2019 10:11 am

Frontier Mole wrote:
Tue Mar 26, 2019 11:18 pm
Just a couple points

You have been offered a job but it is obvious the RLMT has not been completed. Your potential Sponsor has already breached their Sponsorship Duties... not that reputable a company then?

Does the business have a Sponsor Licence at this time? If they are about to apply for a licence expect it to be refused.

If they have a licence and are going about recruitment in this manner I am not convinced they will have a licence for a great deal of time going forward.

As for notice period - can’t be enforced as already stated.
Thank you for your reply. I may not make my situation clear at first. The new potential employer had a pre interview with me and they are now doing the RLMT, plus they have sponsor licence already. I am just thinking that the notice period longer than 3 months for a tier 2 employee is just non sense now as it is potentially against the CoS validation.

User avatar
Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by Frontier Mole » Wed Mar 27, 2019 11:45 pm

So no matter what, the RLMT will not be open and fair. So your Sponsor is in breach of their duties. Let’s just hope they don’t get a visit anytime soon....

User avatar
Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by Frontier Mole » Wed Mar 27, 2019 11:57 pm

Your other posts - failed ILR claim due to submission of wrong IELTS and 6 year tier 2 limit being reached this year.

Why exactly are you changing employers? Is it the ILR salary requirement or another reason. It just seems that there is something missing from all this?

And if you go with your new Sponsor and there is a salary hike to the ILR level the new Sponsor will be visited.

yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Thu Mar 28, 2019 9:18 am

Frontier Mole wrote:
Wed Mar 27, 2019 11:57 pm
Your other posts - failed ILR claim due to submission of wrong IELTS and 6 year tier 2 limit being reached this year.

Why exactly are you changing employers? Is it the ILR salary requirement or another reason. It just seems that there is something missing from all this?

And if you go with your new Sponsor and there is a salary hike to the ILR level the new Sponsor will be visited.
The reason why my ILR rejected is my salary not meeting the experienced salary level as I miscalculated it. And yes, there will be a salary hike. The reason why I stayed with my current employer is a mix of personal and business reasons. Will that be an issue? If HO do visit the sponsor what would happen?

User avatar
Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by Frontier Mole » Thu Mar 28, 2019 2:33 pm

Based on the fact they have not conducted a RLMT before offering you the job and if that comes to light... safe to say your new prospective Sponsor will no longer have a licence and by default you will not have a route to ILR.... and your six years will be up to. Perhaps it might be prudent to see if there are cheap return tickets home in the coming months.

I have no time for Sponsors that behave in this way and simply put the whole thing stinks. You are equally to blame.

Personally I hope you get caught and your prospective Sponsor loses their licence as a salient lesson in not following the rules. This is the very behaviour that causes further clamp downs in Tier 2 and makes it increasingly difficult for those that want to stay within the rules.

yyyug
Newly Registered
Posts: 9
Joined: Wed Mar 13, 2019 4:19 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by yyyug » Thu Mar 28, 2019 10:19 pm

Frontier Mole wrote:
Thu Mar 28, 2019 2:33 pm
Based on the fact they have not conducted a RLMT before offering you the job and if that comes to light... safe to say your new prospective Sponsor will no longer have a licence and by default you will not have a route to ILR.... and your six years will be up to. Perhaps it might be prudent to see if there are cheap return tickets home in the coming months.

I have no time for Sponsors that behave in this way and simply put the whole thing stinks. You are equally to blame.

Personally I hope you get caught and your prospective Sponsor loses their licence as a salient lesson in not following the rules. This is the very behaviour that causes further clamp downs in Tier 2 and makes it increasingly difficult for those that want to stay within the rules.
Thought you had a bad day today. I am not willing to reveal any further details of my situation here and the only reason I am on this forum is to seek for clarity and help from other ppl who have the knowledge or in the simialr boat. If you are not happy, please keep just ignore it and keep your mouth shut. All your nonsense complaints is completely unacceptable!

User avatar
CR001
Moderator
Posts: 86822
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 change of employment, notice period/gardening leave

Post by CR001 » Thu Mar 28, 2019 10:23 pm

User FrontierMole is the most knowledgable and experienced PBS visa route member offering advice on the forum. You should heed the advice given.

HO is indeed clamping down hard on the loopholes and abuse of the tier 2 general route.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by Frontier Mole » Fri Mar 29, 2019 1:29 am

I love a good game of hide and seek, the trouble is when it is so easy to find people it quickly gets boring.

If you move to another Sponsor there is something you should really think about - if (when) your prospective new Sponsor loses their licence, it is not just you that loses out. All the other sponsored migrants they employ will lose out too. That is actually pretty galling for those that might have been recruited correctly but then again they may not have been recruited properly either.

I think there is a bible story about someone called Jonah, the bringer of dome to others, might be worth a quick Google.

My advice is to stay with your current employer, get them to up your salary to the ILR threshold and apply again for ILR. Raising the salary in itself will raise a question and there is no guarantee it will succeed for that very reason. It is however the least risky route for you and prevents the risk spreading to other Sponsored migrants if you were to move to another Sponsor.

If there is no possibility of your current Sponsor meeting the ILR threshold then wherever you go for Sponsorship thereafter you will bring HO scrutiny on that business. It is unavoidable, believe me.

uke0987
Newly Registered
Posts: 5
Joined: Tue Jul 16, 2019 11:39 pm

Re: Tier 2 change of employment, notice period/gardening leave

Post by uke0987 » Mon Jul 22, 2019 1:45 pm

Hi,

I was not able to find an answer to this very specific point anywhere. Suppose the notice period has started once you get approval from the home office to work for your new sponsor, technically you have to work for the old sponsor till the notice period is over correct ?

As I have seen several members suggest on this forum that you should only resign once your new application is approved. Suggesting that your notice period will start only after...

So, by when should my old sponsor report to the home office that I have been granted leave with a new sponsor and that I will be leaving them on a particular date ... ?

And, does current sponsor need to report anything and is that after or during the notice period ? And do I have to tell them about my new sponsor ?

Thanks

Locked
cron