Section 18 query for skilled worker visa

Hi there,
I am on a Tier 2 ICT visa and my current employer notice period is of 12 weeks. My new employer is planning to fast-track my skilled worker visa to get it within 2-3 weeks and he wants me to start working within a month.
1) Can I work for my CURRENT employer to serve the notice period after getting my skilled worker visa?
2) If yes, can I work for the NEW employer as well while serving the notice period with my CURRENT employer without letting either of them know?

mmssaa wrote: ↑

Fri May 07, 2021 11:47 am

1) Can I work for my CURRENT employer to serve the notice period after getting my skilled worker visa?
2) If yes, can I work for the NEW employer as well while serving the notice period with my CURRENT employer without letting either of them know?

See Immigration Rules Appendix Skilled Worker, paragraph SW 18.2 which lists all the work you can do with a Skilled Worker visa. Your question is covered in paragraph 18.2(e):

https://www.gov.uk/guidance/immigration ... led-worker

Thanks for your reply.
Does the following mean that I can work for both my new employer and serve my notice period for my current employer - "working out a contractual notice period is permitted, for a job the applicant was lawfully working in on the date of application;"

mmssaa wrote: ↑

Fri May 07, 2021 4:42 pm

Does the following mean that I can work for both my new employer and serve my notice period for my current employer - "working out a contractual notice period is permitted, for a job the applicant was lawfully working in on the date of application;"

On its own, clearly no. You need to read that sub-paragraph (e) in the context of the whole paragraph SW 18.2 which lists all the work conditions.

Hi there,
Section 18 says the following:
"SW 18.1. The applicant will be granted entry clearance or permission to stay until 14 days after the end date of their certificate of sponsorship (which may be up to a maximum of 5 years after the start date of their certificate of sponsorship).

SW 18.2. The grant will be subject to all the following conditions:
(a) no access to public funds; and
(b) work is permitted only in the job the applicant is being sponsored for, subject to (c) to (e); and
(c) supplementary employment is permitted, providing the person continues to work in the job for which they are being sponsored; and
(d) voluntary work is permitted; and
(e) working out a contractual notice period is permitted, for a job the applicant was lawfully working in on the date of application; and
(f) study is permitted, subject to the ATAS condition in Appendix ATAS; and
(g) if Part 10 applies, the applicant will be required to register with the police."

I still don't get the clarity whether I can serve my notice period with my current employer as well as start working for my new employer. Please help.

Hi there,
First of all, I am extremely sorry for asking this question again. My previous question. Again sorry.

I asked a question whether I can serve a notice period with my Tier 2 ICT employer and start working for my new employer who sponsored me a skilled worker visa. I was told to refer the below section:

Section 18 says the following:
"SW 18.1. The applicant will be granted entry clearance or permission to stay until 14 days after the end date of their certificate of sponsorship (which may be up to a maximum of 5 years after the start date of their certificate of sponsorship).

SW 18.2. The grant will be subject to all the following conditions:
(a) no access to public funds; and
(b) work is permitted only in the job the applicant is being sponsored for, subject to (c) to (e); and
(c) supplementary employment is permitted, providing the person continues to work in the job for which they are being sponsored; and
(d) voluntary work is permitted; and
(e) working out a contractual notice period is permitted, for a job the applicant was lawfully working in on the date of application; and
(f) study is permitted, subject to the ATAS condition in Appendix ATAS; and
(g) if Part 10 applies, the applicant will be required to register with the police."

I still don't get the clarity whether I can serve my notice period with my current employer as well as start working for my new employer at the same time. Please help.

mmssaa wrote: ↑

Tue May 11, 2021 3:34 pm

I still don't get the clarity whether I can serve my notice period with my current employer

See SW 18.2 (e)

mmssaa wrote: ↑

Tue May 11, 2021 3:34 pm

as well as start working for my new employer at the same time. Please help.

See SW 18.2 (b).

It is important that both the employers are also clear about it, so it is best to speak to them direct.

The situation is that I don't want my current employer to know that I have started working for my new employer because they won't allow it or be happy about it.
Will there be any chance that my current employer or my new employer know that I am working for both?

mmssaa wrote: ↑

Tue May 11, 2021 7:47 pm

The situation is that I don't want my current employer to know that I have started working for my new employer because they won't allow it or be happy about it.
Will there be any chance that my current employer or my new employer know that I am working for both?

That isn't a visa matter. As you can see, a new Skilled worker visa will allow you to work out your notice at the previous job that you have quit, and to start the new job you are now sponsored for. Normally you wouldn't be doing both at the same time, because it seems logistically impossible to do two full-time jobs simultaneously, but the visa in principle allows it.

This is something for you to figure out logistically. It is nothing to do with the work conditions of the visa.

Thanks for the replies, highly appreciated.

My current employer wants me to serve my entire notice period. I have annual leaves which I can take during my notice period and I am going to take that at the end of my notice period for about 2 weeks.

My new employer needs me very badly. Since I will be sitting idle at home at the end of my notice period, I am thinking to work for my new employer as I THINK nobody is gonna know that I am doing two full-time jobs simultaneously.

I have decided not to inform my new employer that I am still serving my notice period and likewise, not gonna inform my current employer that I have started work with my new employer.

Are there any chances that my current or new employer finds out that I am doing 2 full-time jobs simultaneously? Will my current employer be notified by somebody that I have started a new job?

mmssaa wrote: ↑

Tue May 11, 2021 8:48 pm

Are there any chances that my current or new employer finds out that I am doing 2 full-time jobs simultaneously? Will my current employer be notified by somebody that I have started a new job?

Maybe. Who knows. As I have said, it's nothing to do with the visa, and this is an immigration forum.

Thanks for all the replies, much appreciated.

Just to clarify, irrespective of the length of the notice period written in your current employment contract once you have your new permission (visa) you are only allowed to continue working for your current sponsor until the work start date in the new CoS.

Just to clarify, irrespective of the length of the notice period written in your current employment contract once you have your new permission (visa) you are only allowed to continue working for your current sponsor until the work start date in the new CoS.

mmssaa wrote: ↑

Tue May 11, 2021 8:48 pm

Thanks for the replies, highly appreciated.

My current employer wants me to serve my entire notice period. I have annual leaves which I can take during my notice period and I am going to take that at the end of my notice period for about 2 weeks.

My new employer needs me very badly. Since I will be sitting idle at home at the end of my notice period, I am thinking to work for my new employer as I THINK nobody is gonna know that I am doing two full-time jobs simultaneously.

I have decided not to inform my new employer that I am still serving my notice period and likewise, not gonna inform my current employer that I have started work with my new employer.

Are there any chances that my current or new employer finds out that I am doing 2 full-time jobs simultaneously? Will my current employer be notified by somebody that I have started a new job?

I understand this is not immigration related but please read your employment contract clearly. Mine clearly states that I cannot work for another employer whilst employed , unless agreed. You could be subject to disciplinary proceedings leading to dismissal if found out. Best is to declare and there maybe some agreement/or not. Don’t try your luck is my sincere advice. Thanks

Thanks @Navisa7. Good shout that is. Will not take risks and do as adviced. Thanks once again both for the replies. Much appreciated.

mmssaa wrote: ↑

Wed May 12, 2021 11:52 pm

Thanks @Navisa7. Good shout that is. Will not take risks and do as adviced. Thanks once again both for the replies. Much appreciated.

You’re welcome @mmssaa . Best wishes