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Tier 2 extension delay - can't start new job?

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

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ryhui
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Joined: Mon Sep 28, 2020 10:21 pm
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China

Tier 2 extension delay - can't start new job?

Post by ryhui » Mon Sep 28, 2020 10:40 pm

I'm going to start a new job in October. The Tier 2 visa I'm currently on is going to expire in mid October. I submitted the application to extend it back at the beginning of July, then like many others, made the mistake of opting in the IDV app. Haven't heard anything back after submitting documents through the app on 30 Aug.

Until today I wasn't really worried, since what I understood from the guideline is that I can start my new job before receiving a decision, provided that my application was submitted in time. However HR just told me today that without the decision email they can't offer me a contract beyond mid Oct. I've asked for an escalation but it can take another 10 working days, by which time my current visa will have expired.

Is anyone in a similar situation? Did I or our HR misunderstand anything?

poper
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Posts: 1060
Joined: Mon Aug 13, 2012 10:45 am
India

Re: Tier 2 extension delay - can't start new job?

Post by poper » Tue Sep 29, 2020 7:01 am

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

ryhui
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Posts: 3
Joined: Mon Sep 28, 2020 10:21 pm
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Re: Tier 2 extension delay - can't start new job?

Post by ryhui » Tue Sep 29, 2020 8:26 am

Thanks, yes I quote that link every time I communicate with the admin/HR. Still they seem unconvinced.

ryhui
Newly Registered
Posts: 3
Joined: Mon Sep 28, 2020 10:21 pm
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Re: Tier 2 extension delay - can't start new job?

Post by ryhui » Wed Oct 07, 2020 2:39 pm

Follow up: HR seems fine with it later. Then I got my application successful email 7 working days after the escalation call.

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