Switch Tier2 ICT to Skilled Worker InCountry

SR007 wrote: ↑

Sun Sep 05, 2021 12:01 pm

Hi,

I am on ICT visa and had previously received an offer from another company a few months back and was trying to switch, unfortunately that offer did not materialize. I am still looking for new offers with SW visa and hoping to get an offer soon. Meanwhile I had a few immigration queries that I need to deal with once I receive the new offer:

My current employer has a 3 months notice period. I can issue notice only once my new Visa (of new employer) is approved .
Consider I get new COS from new employer with Work Start Date = Current Date + 90 days.
(Visa guidelines say that we can apply for new visa only 3 months in advance of new COS Start Date and not prior to that, so there is no use in putting farther COS Work Start Date)
So effectively, once my new visa is approved by HO, I have less than 3 months before my new COS Start Date.

1) So once my new visa is approved and I put my notice to current employer, can my new employer delay my Work Start Date in new COS further, so that I can complete my 3 months notice with current employer? - I am referring to S3.10 of Sponsorship guidance document. Yes new employer hr should be able to do this.

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).

2) Once my new SW visa is approved, that means my existing ICT visa/BRP is cancelled. What will be the Start Date on the new BRP? Will that be the date when HO approved the new visa? Or will that be future date aligned to new COS Work Start Date? Start date would be the date on your cos when you applied.

3) During my notice period, I might need to travel to India to complete my final settlement process with my current employer. So once my new SW visa is approved and I get the new BRP and I am in the notice period, will I be able to travel to India (to complete my resignation process with current employer) and then travel back to UK and join the new employer? Yes you can as you have work approved visa however suggest you avoid if possible considering current travel issues.

Thanks.