Anamakmac wrote: ↑Tue Aug 10, 2021 8:08 pm
I am getting a offer from a new employer.
They have not sent me a CoS
Check that the proposed new employer is a licensed sponsor and has an available allocation of undefined CoSs . If they are and they do, once you accepted the offer they can assign the CoS and should give you a copy.
Anamakmac wrote: ↑Tue Aug 10, 2021 8:08 pm
if they give me a start date after 3 months by then my current visa will be expired. How does this work?
As soon as you apply for the new permission (the visa) your existing permission continues until you have a decision on your application irrespective of the date of expiry of your current permission (ref. section 3C). You can only apply for the new permission once you have been assigned the CoS
Anamakmac wrote: ↑Tue Aug 10, 2021 8:08 pm
How to handle this situation?
Ask the prospective new employer to assign the CoS with a work start date of the day after the work end date in your current CoS and tell them that you'll probably have to work out your notice period unless an earlier release can be negotiated. Once you have the new CoS prepare and submit the online application keeping in mind that it cannot be submitted more than 3 months before the work start date in the CoS. You can work out your notice period if there is an overrun with the work start date in the new CoS (ref. S3.10, see below)
Anamakmac wrote: ↑Tue Aug 10, 2021 8:08 pm
When should I resign?
Only resign once you have in your hands the CoS and the employment contract with the new sponsor which will be subject to your immigration status.
In this scenario the only risk is that the new employer withdraws the CoS and then you may fall between two stools
You may wish to read the relevant part of the guidance for sponsors:
S3.8. The worker cannot apply for permission more than 3 months in advance of their employment start date, as stated on their CoS, and they must use the CoS in an application for permission no more than 3 months after it was assigned to them. You must make sure the timing of your recruitment and the date you assign the CoS does not put the worker in a situation where they cannot make a successful application for entry clearance or permission.
S3.9. If, after the worker has been granted entry clearance or permission, the start date is delayed by more than 28 days, you must normally stop sponsoring the worker and inform us via your SMS account.
S3.10. An exception to this is where the worker is required to work out a contractual notice period with their previous employer (where their conditions of stay allow this). If, as a result of working out a contractual notice period, the start date will be delayed by more than 28 days from the date permission is granted, you must notify us via the SMS. If you know the worker will need to work out a contractual notice period, you should, as far as possible, factor this in when you enter the start date on the CoS (but remember that the worker cannot apply for permission more than 3 months before the start date on the CoS).
