HELP!!!! Change of Employer and Notice

[Rose1210]

Hello!!

Need help please!

I applied for a new visa as I am wanting to move to another employer.

CoS start date is on 10/06/19 but accdg to visas and immigration, notice should be handed in when the brp is at hand yet one is not allowed to work for the old employer once the new brp has been received. I need 8 weeks notice at work and went for standard route. UKVAS appt is tomorrow 27/04/19.
I
I am only realising my mistake now. When is the best time to hand in the notice???

Hope someone notices and clarify these to me thank you!

[Frontier Mole]

There is virtually nothing an employer can do if you hand in your notice and it is not for the “required” period. Many migrants worry about this but in all the forum threads have you ever seen someone post - I was sued by my old employer for failing to work my notice period.

The simple answer is no because it is a pointless exercise trying to force or threaten employees to work their full notice period. Technically it is a breach of contract but the cost of pursuing this through the courts is more expensive than the gains they may achieve.

The other thing - once your new BRP arrives and the start date on the BRP is reached you can’t work for your old employer. It is illegal for you to do so in the same way it is illegal for them to employ you. So it becomes a complete moot point, even if they wanted you to work your notice immigration law would prevent them employing you to do so.

[mhib]

Hi Frontier Mole,

This point you raised did raise a massive question in my head. In my previous tier 2 visa and BRP was issued on 28/5/2017 and we agreed a start date of 4/7/2017. However, I did continue to work with my previous sponsor until 28/6/2017 to serve my full notice period (1 month). Does that mean I was in breach of the law? If so would that impact my ILR application in the future?

Regards

[Frontier Mole]

If you worked past the start date of your new BRP for your old employer you and they have breached the visa conditions and Sponsor duties respectively.

Will it affect your ILR - only if a very eagle eyed caseworker spots the earnings from your old employer were clearly earned in a period when you were not entitled to work for them. Percentage chance of that happening - low.

The document that can catch you out is the P45 / P46. That shows your last day of employment, obviously if it states a date after the commencement of your new BRP it is an easy spot - but only if it is being looked at either from HMRC info or as a result of a visit to your previous employer.

The more likely question would come from a visit to your current employer if a compliance officer noticed your start date was sometime after your BRP start date. Then that could start the ball rolling down the road of how did that happen and where were you working before etc.

Would I be particularly concerned in your position - probably not.

[mhib]

Thanks alot for that. I checked with my employer and they stated that my CoS start date was changed to 4 July once all dates were confirmed, so technically i did stop working with previous employer before start date for new one. I did not have any months with payments from both companies.

It does show a gap in the legal framework that it doesnt allow people to meet their legal obligation for a notice period. While as you said its not the end of the world, some industries have very limited number of employers and burning bridges with one of them (for example if you had important duties and you didnt leave them time to find replacement!) would have major implications on people's careers.

[Frontier Mole]

There is no such thing as a legal obligation to complete a notice period under employment law. It is an urban myth that has been going on for years. It suits the employer and as they are seen to have the power and the fear of a bad reference it was always a worry.

BTW the COS start date is a red hearing - the only date that matters is the BRP date. Work beyond that for your old employer and you are working illegally. That is not a discussion point.

[returntoforever]

Hi guys,

I thought it mentioned somewhere in the forum that we are still allowed to work for our old employer until COS start date, instead of BRP start date??

[returntoforever]

From what I see, BRP date is very rarely the same date as CoS date. I've seen a few of my friends applied for change of employers before and they all have BRP date before their CoS date. So we can't work for our current employer past BRP date?

[hustlerr]

Dear Frontier Mole

For Tier 2 change of employment:

Is it advisable to resign after receiving BRP approval email or after receiving the BRP hard-copy?

Thanks for any help.

[Frontier Mole]

It all depends on how risk adverse you are. The confirmation/grant of visa extension letter / email guarantees the application has been successful. The BRP will follow that grant communication.

If you want 100% surety of the start date on the BRP you would have to wait to have it in your hand.

[hustlerr]

Is it possible that the date on the visa approval /granted email is different from the date on the actual BRP card (say a few days later)?

Thanks in advance for any help.