ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Swv- Change of employer

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

Locked
DRaj
Newly Registered
Posts: 7
Joined: Sun Feb 27, 2022 7:05 pm

Swv- Change of employer

Post by DRaj » Mon Oct 03, 2022 11:06 am

Hi,
I am currently on a skilled worker visa with Company A and resigned last week.
I have applied for SWV with company B a month ago and still awaiting approval from Home office.
Company B used Employer checking service to see if I can start working for them while waiting for reply from home office.
And in the ECS check, H.O replied I have no work restrictions, which means I can start work for Company B.
So can is start working with a new company while awaiting visa approval? Is that correct?

User avatar
CR001
Moderator
Posts: 86953
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Swv- Change of employer

Post by CR001 » Mon Oct 03, 2022 11:42 am

So can is start working with a new company while awaiting visa approval? Is that correct?
No you cannot work for the new employer until your new visa has been approved. While you have an application pending, your existing visa conditions continue meaning you can only work for the employer you have now resigned from.
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.

DRaj
Newly Registered
Posts: 7
Joined: Sun Feb 27, 2022 7:05 pm

Re: Swv- Change of employer

Post by DRaj » Mon Oct 03, 2022 11:45 am

Okay.

But what does it mean from ECS check which was done by new company?
Because, initially they told I can work only for current company and 2 days later they reversed their decision by mentioning "none" in work restrictions section. I am bit confused.

lolo2
Senior Member
Posts: 630
Joined: Thu Oct 24, 2019 7:14 pm
Venezuela

Re: Swv- Change of employer

Post by lolo2 » Mon Oct 03, 2022 12:25 pm

The guidance is clear:
You should not start your new job until you’ve got confirmation of your new permission.
Update your visa when changing jobs
DRaj wrote:
Mon Oct 03, 2022 11:06 am
And in the ECS check, H.O replied I have no work restrictions, which means I can start work for Company B.
This also can mean your current permission with company A is still valid. I suspect that is the case hence the response from the ECS check.

DRaj
Newly Registered
Posts: 7
Joined: Sun Feb 27, 2022 7:05 pm

Re: Swv- Change of employer

Post by DRaj » Mon Oct 03, 2022 3:45 pm

My company B received 2 responses from ECS check.

Response 1: Work restrictions - Tier 2 ( Gen, Religious worker, Sportsperson ICT): Can
only work for previous employer + supplementary and
secondary until new leave awarded

Then they again sent another document a day later.

Response 2 : Work restrictions - None

So, Company B interprets this as,

"The reason we perform this verification check is so that we can use the HO document as confirmation of your employment. This is issued during the interim of your application for a new BRP until it is provided should there be any delay with the immigration process.
We can use the verification received – it is an official document which lasts for 6 months and during that period you should receive your BRP."


So I am confused and is the interpretation correct?

Locked
cron