Tier 2 General Job change, current leave to remain and notice period

Hi everyone,
I am currently on Tier 2 General visa. I have got a new job offer and will be receiving a CoS from new employer by first week of September 2020. However my current leave to remain is valid till 17th September 2020.

*I have told the new employer that I had to serve a notice period of 3 months and they have agreed to give me a start date 3 months after the CoS is provided. Assume start date is first week of December 2020.
1) My query is, can I work for my current employer to serve the 3 months of notice period until December 2020?
2)If I am not allowed to work for my current employer during this time, that means I have not served any notice period for them and I would need to pay back ~3 months of salary as notice period shortfall. In this case is it good idea to ask my new employer to give me an early start date?

*During first week of September2020 I will also receive a CoS for Visa extension from my current employer. So I will be having 2 CoS at the time. Now my query is:
3) Will there be any problem with having 2 CoS available and applying for Visa with only one of them?
4) If I use New employer's CoS, then how would my current employer notify HMRC with last 10 days of leaving the job remaining, as my leave to remain with CoS from current employer would have already been expired by that time.
5) Is it better for me to use the CoS from current employer and once application is submitted (pending decision) resign from the current company and start serving 3 months of notice for them? And during that 3 months of time use the CoS (after first application is successful) from new employer with a start date of December first week. The Financial burden in this case would be only Visa fees reimbursements to my current employer, whereas in point no.2 above, it will be a 3 months of salary as shortfall recovery and at top of that no employment for 3 months.

For point no. 5 above, Will I be successful in getting 2 visas in less than 3 months considering COVID scenario?

Please suggest what is better in this case.

Thanks in advance!

1) My query is, can I work for my current employer to serve the 3 months of notice period until December 2020?

When exactly will you apply for the Tier 2 visa with the new employer?? A CoS is only valid for 3 months.

2)If I am not allowed to work for my current employer during this time, that means I have not served any notice period for them and I would need to pay back ~3 months of salary as notice period shortfall. In this case is it good idea to ask my new employer to give me an early start date?

Your notice period and conditions contained within your employment contract is between you and your employer. It is not an immigration issue.

*During first week of September2020 I will also receive a CoS for Visa extension from my current employer. So I will be having 2 CoS at the time. Now my query is:
3) Will there be any problem with having 2 CoS available and applying for Visa with only one of them?

You cannot have two CoS at the same time. You can only have ONE CoS assigned to you.

4) If I use New employer's CoS, then how would my current employer notify HMRC with last 10 days of leaving the job remaining, as my leave to remain with CoS from current employer would have already been expired by that time.

See my question to #1 above.

5) Is it better for me to use the CoS from current employer and once application is submitted (pending decision) resign from the current company and start serving 3 months of notice for them? And during that 3 months of time use the CoS (after first application is successful) from new employer with a start date of December first week. The Financial burden in this case would be only Visa fees reimbursements to my current employer, whereas in point no.2 above, it will be a 3 months of salary as shortfall recovery and at top of that no employment for 3 months.

You risk being refused a visa with your current employer.

CR001 wrote: ↑

Tue Aug 11, 2020 12:44 pm

1) My query is, can I work for my current employer to serve the 3 months of notice period until December 2020?

"When exactly will you apply for the Tier 2 visa with the new employer?? A CoS is only valid for 3 months."

I will be receiving a CoS from new employer by first week of Septemeber. So I will keep the application ready and as soon as I receive CoS, I will submit the application.

2)If I am not allowed to work for my current employer during this time, that means I have not served any notice period for them and I would need to pay back ~3 months of salary as notice period shortfall. In this case is it good idea to ask my new employer to give me an early start date?

"Your notice period and conditions contained within your employment contract is between you and your employer. It is not an immigration issue."

As per second last para under the tier 2 general -extend visa category, my interpretation is I would not be allowed to work/serve the notice period after September 15 for my current employer if I used CoS from new employer as I do not have permission to stay with the visa from that employer.

www.gov.uk/tier-2-general/extend-your-visa

*During first week of September2020 I will also receive a CoS for Visa extension from my current employer. So I will be having 2 CoS at the time. Now my query is:
3) Will there be any problem with having 2 CoS available and applying for Visa with only one of them?

"You cannot have two CoS at the same time. You can only have ONE CoS assigned to you."

I did not understand why one cannot have 2 CoS. If i do not tell my current employer untill i my application with new employer's CoS is successful, in this case my current employer would have already sent me the CoS for Visa extension. Do I need to do something here?

4) If I use New employer's CoS, then how would my current employer notify HMRC with last 10 days of leaving the job remaining, as my leave to remain with CoS from current employer would have already been expired by that time.

"See my question to #1 above."

OK.

5) Is it better for me to use the CoS from current employer and once application is submitted (pending decision) resign from the current company and start serving 3 months of notice for them? And during that 3 months of time use the CoS (after first application is successful) from new employer with a start date of December first week. The Financial burden in this case would be only Visa fees reimbursements to my current employer, whereas in point no.2 above, it will be a 3 months of salary as shortfall recovery and at top of that no employment for 3 months.

"You risk being refused a visa with your current employer."

But once application is submitted online, can my current employer withdrew their sponsorship and hence visa rejection?

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