Tier 2 - Job switching - Notice period

ashintoms wrote:I have been through nearly most of your blogs on this portal.. Although you have answered most queries regarding Tier 2 employees, switching jobs etc there is one crucial element that's being missed always.. That is “A Graceful Exit -Serving notice period during Tier 2 transfers”! Although many people have asked this question in posts, answers given are not that clear enough....

Let me elaborate things in detail.
Say an employee already working on a Tier 2 visa finds a potential employer and wants to quit his current role. It’s on the application form, an employee can’t start work in new place unless he gets a new BRP Card from UKBA which means in all senses he is not safe to quit his current job or even let his current employer know his intentions to move unless he has a new BRP Card from his new employer ,to be on the safer side...The cache is here, it’s not safe to quit current one unless you get the new BRP stamped( I understand the new employer has had to produce a COS letter and I will have to do a biometrics - Let’s say that is also complete)
OK, your visa has been processed after 10 working days and residence permit with new employer has been issued.. Actually this is time you potentially will spur to discuss with your present employer that yes I’ve found a job elsewhere and have decided to quit – That’s common sense to do things the correct way and a graceful exit.

Now comes the notice period days which all employees have which can’t be served as it’s a breach of English law as your visa is now with new employer... Getting interesting right?

There is not even a grace period of 1 day as per UKBA in my understanding... So basically the law is,
“You can switch employments in UK if the new sponsor is willing to sponsor you”– Well, that’s good!

It again says, “Not safe to quit your current job unless you get your new residence permit stamped from your new employer that will enable you to work and same law goes on to say - well, thanks, now that you got a new visa there is no need of letting your current employer know your intentions of quitting because it’s not no use as you are no longer a part of that firms visa”.- that means a graceful exit to ensure your legacy and the hard work you did for the past years professionally and notice period is probably the last impression your employer has of you to base any future references and shows loyalty as well cannot be shown… Again a graceful exit means the door is left open even in future even if you wish to turn back will never be possible… The same law says in the current contract “The stipulation of exit clause applies in your appointment letter and will prevail in exit circumstances”

In short, what I’ve understood spending hours surfing is that –….. A graceful exit in never possible with Tier 2 job switching so your last employer might even penalize you and can deduct a month’s pay off. How interesting laws are, right..? Before getting too cavalier, think about the wider implications.

What are you insights around this one and what tactic would you give one to take if you are to advice….?


Cheers,

ashintoms wrote:I have been through nearly most of your blogs on this portal..
this topic has been covered in numerous threads.

The key is to have the work start date in the new CoS such that it allows for notice to be given and the notice period to be completed after the grant of leave application has been approved. You are allowed to continue working for the "old" employer until the work start date in the new CoS. Because of the time constraints it is advisable to use the premium or priority service for the application.