Skilled Worker Visa Cancellation

Hello,

I am currently in the UK on a Skilled Worker Visa. Recently, I received a job offer from another company and my Skilled worker visa is transferred and I have received new BRP. Currently, I am serving notice period in my present organisation.

However, now my current employer wants to retain me. In this scenario, what options do I have to stay back at my current organisation.

My question is:

Does my visa with the current employer become invalid when the new visa is approved ? Currently, my BRP is showing as Invalid in https://www.gov.uk/prove-right-to-work.
Meaning, the current employer needs to apply for a new CoS and Skilled worker application to retain me.

OR,

All we need to do is cancel the new company visa and continue in my current organisation. My current company does not need to apply for a new COS and visa.

Which of the above is correct ?, I called up UKVI and they said the current organisation needs to reapply for COS and visa. The company immigration solicitors seems to suggest that I can continue in my current organisation, as long as the new company visa is cancelled before my joining date.

Does my visa with the current employer become invalid when the new visa is approved ?

Yes. You cannot hold two visas for the UK at teh same time.

Meaning, the current employer needs to apply for a new CoS and Skilled worker application to retain me.

Yes, and you have to apply and pay again.

All we need to do is cancel the new company visa and continue in my current organisation. My current company does not need to apply for a new COS and visa.

No. It doesn't work like this. Your previous visa is void now.

Which of the above is correct ?, I called up UKVI and they said the current organisation needs to reapply for COS and visa. The company immigration solicitors seems to suggest that I can continue in my current organisation, as long as the new company visa is cancelled before my joining date.

Solicitor is wrong. Cancelling the new visa does NOT automatically reinstate your previous visa. UKVI is correct.

Many Thanks for this confirmation. Much appreciated.

I agree with CR001.

I think after they grant your leave/permission, you are subject to the following:

Period and conditions of grant for a Skilled Worker

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 the end date of the certificate of sponsorship 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.

Therefore, if you want to revert to your former employers, you and they may have to go through the same process of switching employers again.

Supplementary employment with your former employers may be an option.