Tier 2 (Change of Employment) Joining date (Urgent Help)

Dear All,

We need an urgent help on the below issue:

MY wife is a Tier 2 main applicant, we have recently applied for an extension with the change of employer application and it got approved with another 03 years extension.

The issue is now that, in her CoS the start date was mentioned 01 April and we got approval on 02nd April (BRP Issue date is also same - 02nd April).

Now, She's currently serving 30 days notice period to the current employer and decided to join her new employer on 08th May as per the dates we calculated and according to our plans (which is almost more than 36 days from the BRP issue date and the CoS start date).

Please can you advise if she's okay to join her new employer on 08th May. Will that not be impacting any 28 days rule of the start date ?

does she need to inform her HR to update the new joining date to home office, as it is definitely not possible on 01 April which was mentioned on her CoS ?

Please share your valuable thoughts, we will be highly thankful to you.

Your quick response will be highly appreciated. Many thanks in Advance.

Regards,
Raj

Hi,

I am no expert. But having just had a chat with HO about this issue i was referred to the section that clearly stated that the start date must be 4 weeks from whichever is the latest from either the (CoS start date, or the BRP issue date). In your wife's case this would be the 30th of April.

While I understand that there must be a time limit. I still think its crazy considering so many people have 3 months notice period, and the CoS start date being no more than 3 months from date of application. meaning people must quit before even applying for a visa.

Hi Mhib,

Many thanks for your reply.

Yeah, that does make sense and we will now try to change her joining date so that she can join within the 28 days rules.

Please can you also advise, now she is joining on a different date as mentioned on her CoS, is it required by her HR to notify Home Office about this change. How the Home Office will get to know whether a person has joined the company or not ?

Many thanks once again.

Regards,
Raj

It depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.

If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.

Please note serving the notice period is NOT a legal requirement and you do not have to serve it.

rajtargotra wrote: ↑

Wed Apr 10, 2019 6:42 am

Hi Mhib,

Many thanks for your reply.

Yeah, that does make sense and we will now try to change her joining date so that she can join within the 28 days rules.

Please can you also advise, now she is joining on a different date as mentioned on her CoS, is it required by her HR to notify Home Office about this change. How the Home Office will get to know whether a person has joined the company or not ?

Many thanks once again.

Regards,
Raj

Just read this.

Yes any changes need to report to the Home Office. The Home Office will know because the company has a responsibility to ensure that a person turns up on the first day of their start date. If they don't turn up, the employer needs to notify the home office.

UKLL wrote: ↑

Wed Apr 10, 2019 10:30 pm

It depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.

If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.

Please note serving the notice period is NOT a legal requirement and you do not have to serve it.

Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.

Frontier Mole wrote: ↑

Wed Apr 10, 2019 11:52 pm

UKLL wrote: ↑

Wed Apr 10, 2019 10:30 pm

It depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.

If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.

Please note serving the notice period is NOT a legal requirement and you do not have to serve it.

Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.

You mean if the start date on the CoS is in May she still cannot work for her current employer in April?

Hi UKLL and Frontier Mole,

Thank you for your valuable suggestions.

As mentioned earlier my wife's Start Date was 01 April mentioned on her CoS and the visa was granted on 2nd April.

I've found the below information which says any change for more than 28 days is prohibited changes to employer. However She is now joining on 26th April which I believe is within the 28 days limit.

Please can you suggest if we are still not safe and she should immediately stop working for her current employer and leave the company without notice period.


https://www.gov.uk/guidance/immigration ... or-refusal

323AA Prohibited changes to employment for Tier 2 Migrants and Tier 5 Migrants
The following are prohibited changes, unless a further application for leave to remain is granted which expressly permits the changes:
(za) If a migrant is a Tier 2 (General) Migrant, their start date is changed to a date more than 28 days from either of the following, whichever is later:
(i) the date on which their entry clearance or leave to remain is granted; or
(ii) the start date as stated on their Certificate of Sponsorship, taking into account any changes to the start date that have been properly reported by his employer before the date on which entry clearance or leave to remain is granted.

Many thanks for your advice.

Regards,
Raj

Also, in some other posts I've read that people normally resign from the current company after securing the visa and serve the notice period just to be at safe side.

As long as she is not working for her previous employer at this moment that is all that matters.

Frontier Mole wrote: ↑

Wed Apr 10, 2019 11:52 pm

UKLL wrote: ↑

Wed Apr 10, 2019 10:30 pm

It depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.

If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.

Please note serving the notice period is NOT a legal requirement and you do not have to serve it.

Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.

Respected members, UKVI allows situations where you might have two Tier 2 sponsors at the same time.

Section 232 of Tier 2 Policy Guidance states thus:
"If we approve your secondary employment, we will have to vary your initial grant of leave. You will have 2 sponsors during the period that both your Certificates of Sponsorship are valid. You will be issued a new biometric residence permit (BRP) card indicating that you have secondary employment and a letter which shows employment end dates for each sponsor. You cannot start work with your second sponsor until your application for secondary employment has been approved."

But above response from one of the respected members seems to suggest that one should stop working for Sponsor A before starting work with Sponsor B. But based on the guidance provided, I find it difficult to reconcile the two view points.

Since I am in a situation where I plan to be on a garden leave for Employer A while starting work with Employer B, your views and thoughts would be appreciated.

Thanks in advance.

nbhitesh wrote: ↑

Sun Apr 14, 2019 12:08 pm

Frontier Mole wrote: ↑

Wed Apr 10, 2019 11:52 pm

UKLL wrote: ↑

Wed Apr 10, 2019 10:30 pm

It depends on which start date the new employer has put on the CoS. If the start date on the CoS is May then you can continue to work for the current employer until the day before the start date on the CoS, regardless when the new visa starts.

If the start date on the CoS is 2nd April 2019, then you need to stop working for the current employer immediately without serving a notcie period.

Please note serving the notice period is NOT a legal requirement and you do not have to serve it.

Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.

Respected members, UKVI allows situations where you might have two Tier 2 sponsors at the same time.

Section 232 of Tier 2 Policy Guidance states thus:
"If we approve your secondary employment, we will have to vary your initial grant of leave. You will have 2 sponsors during the period that both your Certificates of Sponsorship are valid. You will be issued a new biometric residence permit (BRP) card indicating that you have secondary employment and a letter which shows employment end dates for each sponsor. You cannot start work with your second sponsor until your application for secondary employment has been approved."

But above response from one of the respected members seems to suggest that one should stop working for Sponsor A before starting work with Sponsor B. But based on the guidance provided, I find it difficult to reconcile the two view points.

Since I am in a situation where I plan to be on a garden leave for Employer A while starting work with Employer B, your views and thoughts would be appreciated.

Thanks in advance.

The above refers to secondary employment and not to change if employer/sponsor. They are two different things.

[/quote]

Please be aware of the above. She can not work for her old employer from 2/4/ 2019 and if she continues to do so will place herself and the employer at risk under illegal working guidance. Which in turn could mean the curtailment of the new visa as well as a fine for her and the employer.
[/quote]

Respected members, UKVI allows situations where you might have two Tier 2 sponsors at the same time.

Section 232 of Tier 2 Policy Guidance states thus:
"If we approve your secondary employment, we will have to vary your initial grant of leave. You will have 2 sponsors during the period that both your Certificates of Sponsorship are valid. You will be issued a new biometric residence permit (BRP) card indicating that you have secondary employment and a letter which shows employment end dates for each sponsor. You cannot start work with your second sponsor until your application for secondary employment has been approved."

But above response from one of the respected members seems to suggest that one should stop working for Sponsor A before starting work with Sponsor B. But based on the guidance provided, I find it difficult to reconcile the two view points.

Since I am in a situation where I plan to be on a garden leave for Employer A while starting work with Employer B, your views and thoughts would be appreciated.

Thanks in advance.
[/quote]
The above refers to secondary employment and not to change if employer/sponsor. They are two different things.
[/quote]

CR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers

nbhitesh wrote: ↑

Sun Apr 14, 2019 3:05 pm

CR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers

Secondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.

It is very different to changing sponsors, ie. resigning from one and getting a new visa for the new employer.

Hi Frontier Mole and CR001,

Many thanks for your advice and I've got my confusion cleared.

I was reading the below article from the visa immigration rules where I've found this paragraph which says the following:

https://www.gov.uk/guidance/immigration ... or-refusal

(b) The employment changes such that the migrant is working for a different employer or Sponsor, unless:

(ii) the migrant is working for a different Sponsor under arrangements covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 or similar protection to continue in the same job.

I believe serving Notice Period (Terms of contract) to the current employer also comes under "Transfer of Undertakings", may I kindly request you to please share your thoughts.

Regards,
Raj

CR001 wrote: ↑

Sun Apr 14, 2019 3:40 pm

nbhitesh wrote: ↑

Sun Apr 14, 2019 3:05 pm

CR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers

Secondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.

It is very different to changing sponsors, ie. resigning from one and getting a new visa for the new employer.

Thanks CR001 for your quick response. Can you pls provide a link/reference for a situation where secondary employment requires permission from the main tier 2 sponsor (as you have stated above). Is this at the visa application stage or a separate contractual agreement with the employee later? The Secondary Employment section in the Policy Guidance does not mention this point.

When I applied for a new Tier 2 visa with a new CoS for a different employer, I did not resign from my current sponsor (and I believe this to be the case for most of the Tier 2 holders in similar situation).

Further, while making ILR application, one is entitled to claim salary from either of the two sponsors (but not both).

Going back to my initial concern, I still do not understand why an individual has to stop working for Sponsor A before working for Sponsor B; because, it seems, it is perfectly ok for the individual to be on paid leave with A and start work with B. Then the individual can decide whether to continue both the jobs (and manage time accordingly) or resign from A or resign from B.

Your inputs will be appreciated. Cheers.

nbhitesh wrote: ↑

Sun Apr 14, 2019 4:05 pm

CR001 wrote: ↑

Sun Apr 14, 2019 3:40 pm

nbhitesh wrote: ↑

Sun Apr 14, 2019 3:05 pm

CR001, can you pls provide some more information on how they are two different things. Because I could not find a separate application page for Tier 2 secondary employment. For all intents and purpose, secondary employment seems to be an application for another full time job or change in employment.
Cheers

Secondary employment is a second job, with a tier 2 visa (so effectively 2 x tier 2 visas, one for each sponsor) and is for second job not covered by supplementary employment or voluntary employment, these two not requiring a CoS. Secondary employment requires a CoS and permission from the main tier 2 sponsor.

It is very different to changing sponsors, ie. resigning from one and getting a new visa for the new employer.

Thanks CR001 for your quick response. Can you pls provide a link/reference for a situation where secondary employment requires permission from the main tier 2 sponsor (as you have stated above). Is this at the visa application stage or a separate contractual agreement with the employee later? The Secondary Employment section in the Policy Guidance does not mention this point.

When I applied for a new Tier 2 visa with a new CoS for a different employer, I did not resign from my current sponsor (and I believe this to be the case for most of the Tier 2 holders in similar situation).

Further, while making ILR application, one is entitled to claim salary from either of the two sponsors (but not both).

Going back to my initial concern, I still do not understand why an individual has to stop working for Sponsor A before working for Sponsor B; because, it seems, it is perfectly ok for the individual to be on paid leave with A and start work with B. Then the individual can decide whether to continue both the jobs (and manage time accordingly) or resign from A or resign from B.

Your inputs will be appreciated. Cheers.

1. Link below, page 55 clearly talks about secondary employment which is after the bit about supplementary employment.

https://assets.publishing.service.gov.u ... 3_2019.pdf

2. You should also continue your questions in your own topic rather than tagging onto other members threads, it is unfair the OP of this topic.

Thanks Cr001 again for quick response; my concern is closely related to the OP's concern. And the OP has been advised to '...stop working for current employer immediately...'.

Considering the discussions we have had, and considering the provisions of UKVI, the OP could probably stay on paid leave with current employer (if practicable) and at the same time could join the new sponsor straightaway.

Would appreciate an input on why this is not a viable option.

nbhitesh wrote: ↑

Sun Apr 14, 2019 4:22 pm

Thanks Cr001 again for quick response; my concern is closely related to the OP's concern. And the OP has been advised to '...stop working for current employer immediately...'.

Considering the discussions we have had, and considering the provisions of UKVI, the OP could probably stay on paid leave with current employer (if practicable) and at the same time could join the new sponsor straightaway.

Would appreciate an input on why this is not a viable option.

You are a classic case of reading the guidance and seeing what you want to see rather than what it actually states.

Read preventing illegal working guidance and that will help you understand the law governing what can and can’t be achieved.

For a start off no secondary employment has been engaged, the OP is going from one full time role to another full time role.

TUPE is only engaged when one legal entity buys / takes over the business / part business of another legal entity and transfers the employees. Not the case here.

In a few words - stop posting unreasearched nonsense garbage on a subject you know plainly little or nothing about.