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Tier 2 COS start date (No Compete Clause)

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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Adam17
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Posts: 1
Joined: Tue Aug 20, 2019 9:11 pm

Tier 2 COS start date (No Compete Clause)

Post by Adam17 » Tue Aug 20, 2019 9:35 pm

Hi All, I am seeking your kind advice on my change of employment application.

I am currently on Tier 2 visa, and I have been offered a job by a company which just obtained its Tier 2 License. The company conducted a RMLT before it applied for Tier 2 license. And in its license application the company indicated that they identified me through the advert they placed for the RMLT as the most suitable candidate.

They explained to me that when they applied for the license, the HO requested evidence of RMLT. i.e. CVs, interview notes. Copies of the ads etc and HO also conducted a compliance visit, and the license was eventually granted.

Now I am planning to submit my application, and I doing so, do I need to submit any evidence of the RMLT with my application? If not, then I assume the HO will either be happy with whatever was submitted during the license application phase, and no need for further evidence. Or do you reckon they will ask for it before they make a decision on my application? Or when do the HO ask for evidence of RMLT? I am assuming that the company automatically receives 1 UCOS with the granting of the license? (I will double check)

Another point is that I have a 2 months no compete clause in my contract and so to ensure that I do not cause any issue for myself or my new employer, we thought it would be best to have the starting date on the COS two months following the end of my one month notice.

Here is the ideal scenario in my opinion (please correct me I am wrong in any of my assumptions):


An application for change of employment is made via Super priority service, in which case a decision will be made within 24hrs or so, and I should wait few days to receive my new BRP.

Once received, then I would submit my resignation on 1st Oct, and serve my one-month notice, which would end on 30th Oct.

-Can the start date on COS be 31st Dec 2019? In this case I would not be breaking the 2 months no compete clause, and I can safely start working with my new employer on 31st Dec ?

Also, I wanted to confirm that by doing so I would not be breaking the continues period for the ILR. As I read that the 60 days gap rule has been removed, so this should not affect me.

Also, my understanding is that my employer will notify the HO once I submit my resignation to inform them that I have started serving my notice. The HO will then issue a curtailment letter, which as I have been reading might take time to be sent to me, and once received it will give me 60 days to leave the country. In my case I will have the new COS kicking in within the 60 days so I should ignore this letter in case I ever receive it,


And finally, for whatever reason if my application is rejected, what will happen to my current leave, will my visa be curtailed? Note that I will not be submitting my resignation until i receive the BRP.


Sorry for the lengthy thread, I hope I made my questions clear here. Super grateful for your kind help guys! :)

UKLL
Member of Standing
Posts: 350
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Tier 2 COS start date (No Compete Clause)

Post by UKLL » Thu Aug 22, 2019 9:28 pm

Adam17 wrote:
Tue Aug 20, 2019 9:35 pm
Hi All, I am seeking your kind advice on my change of employment application.

I am currently on Tier 2 visa, and I have been offered a job by a company which just obtained its Tier 2 License. The company conducted a RMLT before it applied for Tier 2 license. And in its license application the company indicated that they identified me through the advert they placed for the RMLT as the most suitable candidate.

They explained to me that when they applied for the license, the HO requested evidence of RMLT. i.e. CVs, interview notes. Copies of the ads etc and HO also conducted a compliance visit, and the license was eventually granted.

Now I am planning to submit my application, and I doing so, do I need to submit any evidence of the RMLT with my application?
They ask RMLT on your CoS, so the evidence will be provided on your CoS, as it will ask when and where the job was advertised and your employer will need to include all relevant information there

If not, then I assume the HO will either be happy with whatever was submitted during the license application phase, and no need for further evidence.

Or do you reckon they will ask for it before they make a decision on my application? Or when do the HO ask for evidence of RMLT? I am assuming that the company automatically receives 1 UCOS with the granting of the license? (I will double check)


Another point is that I have a 2 months no compete clause in my contract and so to ensure that I do not cause any issue for myself or my new employer, we thought it would be best to have the starting date on the COS two months following the end of my one month notice.

Here is the ideal scenario in my opinion (please correct me I am wrong in any of my assumptions):


An application for change of employment is made via Super priority service, in which case a decision will be made within 24hrs or so, and I should wait few days to receive my new BRP.

Once received, then I would submit my resignation on 1st Oct, and serve my one-month notice, which would end on 30th Oct.

-Can the start date on COS be 31st Dec 2019? In this case I would not be breaking the 2 months no compete clause, and I can safely start working with my new employer on 31st Dec ?
Yes it can, and it can also be changed no later than 28 days after the start date once it's approved

Also, I wanted to confirm that by doing so I would not be breaking the continues period for the ILR. As I read that the 60 days gap rule has been removed, so this should not affect me.
I don't know about this, awaiting further answer

Also, my understanding is that my employer will notify the HO once I submit my resignation to inform them that I have started serving my notice. The HO will then issue a curtailment letter, which as I have been reading might take time to be sent to me, and once received it will give me 60 days to leave the country. In my case I will have the new COS kicking in within the 60 days so I should ignore this letter in case I ever receive it,
According to your previous scenario, when you hand in your notice you will have already received your new visa. Therefore they won't send a curtailment letter to you as there is nothing for them to curtail.


And finally, for whatever reason if my application is rejected, what will happen to my current leave, will my visa be curtailed? Note that I will not be submitting my resignation until i receive the BRP.
If you do not resign and do not hand in your notice before your new visa is granted, then your current visa continues to be valid


Sorry for the lengthy thread, I hope I made my questions clear here. Super grateful for your kind help guys! :)

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