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Traveling abroad after submitting a notice period with a new COS

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Mo1985
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Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Sun Jun 13, 2021 10:41 pm

Dear Mentors,
I would appreciate your advice on this please:
I am currently on tier 2 visa ( health care skilled) that expires on March 2022.
However I had been shortlisted and got a new job ( career upgrade) in a new trust which has issued me a new COS. I have submitted my 3 months notice for my current employer!

I have a long awaited planned family visit so will travel abroad in a few weeks time and came back to UK. Therefore I am planning to apply for the new visa upon my return ( the COS will be still within the time limit).

My questions are :( to my understanding upon reading the guidelines).

1. Is there anything that will negatively affect my future application with this travel abroad having a new COS with a new sponsor without making an application? And then doing the application upon returning? ( the current BRP will be still valid).

2. Can I make the application after returning to the UK and start working with the new trust while awaiting decision?
Many Thanks in advance

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CR001
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Re: Traveling abroad after submitting a notice period with a new COS

Post by CR001 » Mon Jun 14, 2021 7:13 am

1. No.

2. Yes you can apply when you return. You need your new visa before you can start working for the new sponsor
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Mo1985
Newbie
Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Tue Jun 15, 2021 2:53 pm

Thanks for your reply
Much appreciated

Mo1985
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Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Thu Jun 17, 2021 12:03 pm

Hi Again,
I would appreciate your advice on this.
Related to the topic above I believe!
Now the Current employer has offered my a better opportunity ( typical after having another job off!)

My question is
As the new employer had issued me a COS ( I haven’t apply for visa yet) , and the I have put my notice with the current employer ( which said they happy to ignore that!)

Where does that leave me with my immigration status? And is there anything I need to do to avoid any negative implications on my immigration tier 2 status?.
Many Thanks in advance

Mo1985
Newbie
Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Thu Jun 17, 2021 6:41 pm

Apologies for posting in a new topic but I thought it might be better to do so As Wasn’t sure of it fits in the current one!
To add to my inquiry:
2. Beside asking the new offer to withdraw the COS, what should me and the current employer do in term of Steps to be on the safe side from UKVI point of view?

If one one the Mentors could please help would be really appreciated as I am in a difficult situation!
Many Thanks in advance

lolo2
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Re: Traveling abroad after submitting a notice period with a new COS

Post by lolo2 » Fri Jun 18, 2021 9:52 am

I don't see any implications on this.

You just need to let the new company know that you are not accepting their offer and they will cancel the CoS. It doesn't have any impact on immigration status.

And you can keep working for the current employer, on the understanding that they have not yet reported your termination to UKVI.

Mo1985
Newbie
Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Fri Jun 18, 2021 10:43 am

Thanks for your reply
Another question please.
Now the current employer how has my current BRP has asked me to resign and take a week of unpaid leave and reapply for the a visa again as the don’t want me on continuous employment ( so not to claim a permanent post!)

With my visa can I take a gap of employment if the issued me a new COS with a start date of 1 week after my resignation?

If not what are my options please?
Thanks

Mo1985
Newbie
Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Fri Jun 18, 2021 10:44 am

Correction
Not unpaid leave as I will be unemployed ( but with a new COS for 1 week).

manci
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Re: Traveling abroad after submitting a notice period with a new COS

Post by manci » Fri Jun 18, 2021 2:27 pm

Mo1985 wrote:
Fri Jun 18, 2021 10:43 am
Now the current employer how has my current BRP has asked me to resign and take a week of unpaid leave [NB this is not leave but end of employment] and reapply for the a visa again as the don’t want me on continuous employment ( so not to claim a permanent post!)
This is a highly unusual and IMHO questionable practice by an NHS trust.
Mo1985 wrote:
Fri Jun 18, 2021 10:44 am
With my visa can I take a gap of employment if the issued me a new COS with a start date of 1 week after my resignation?
When your current job ends your employer must inform UKVI that they stopped sponsoring you. After some delay you'll get a letter from UKVI curtailing your leave to 60 days. During this period you can look for a new sponsor and if you find one that assign you a CoS you can apply for a new permission (visa) or, if not, leave the UK - but see below
Mo1985 wrote:
Sun Jun 13, 2021 10:41 pm
I have a long awaited planned family visit so will travel abroad in a few weeks time

If you travel abroad after your current sponsorship ended and before you have a new sponsor and a new permission (visa) your current permission (visa) lapses and you will not be able to return to the UK irrespective of the expiry date shown on your BRP. You will then have to apply for entry clearance from abroad with a new defined CoS.
Personal opinion, not professional or legal advice

Mo1985
Newbie
Posts: 35
Joined: Mon Mar 15, 2021 9:20 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by Mo1985 » Fri Jun 18, 2021 6:56 pm

Thanks for reply.
It is frustrating that HR and business management to do such a behavior!
I am not willing to take the risk on my visa as I am due for ILR soon!
Therefore I will not accept this proposal either they give me the new job and stay on my current visa Or I will take the other offer!

Just for curiosity: if you have such a gab ( will that affect ILR)?

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: Traveling abroad after submitting a notice period with a new COS

Post by manci » Sat Jun 19, 2021 9:32 am

Mo1985 wrote:
Fri Jun 18, 2021 6:56 pm
Just for curiosity: if you have such a gab ( will that affect ILR)?
To be eligible for ILR you'll need 5 years continuous residence in any or a combination of specified immigration categories of which skilled worker is one, so make sure not to break continuity.

If you decide to change sponsors don't travel or be abroad after you stopped working for the current sponsor and until you have received the new permission (visa) and BRP.
Personal opinion, not professional or legal advice

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