Question about notice period when changing job under Tier 2

[dkasyap]

Hi . I am on a Tier 2 General Visa. I have a sponsor for a new job. My question is: once I receive my new Tier 2 Visa (using the COS from the new employer), can I continue to work with my old employer to serve out my notice period? The start date on the new COS will be October while I plan to apply for the new Visa in August.

[manci]

you can continue working for your present sponsor until the work start date in the new CoS but it would be unwise to give notice until your application is approved by the HO

[dkasyap]

Hi Manci,

Thanks for your reply. I spoke to the Home Office representative in Uk and they said that once I get the new Visa stamped, it renders my old Visa (with my current employer) invalid. Therefore, I am no longer allowed to work for my current employer. So, if i apply for a visa without handing in my resignation, and the new visa is approved, I will not be able to serve my notice period. I will need to leave my current employment as soon as I have the new Visa.

[manci]

para 202:
https://www.gov.uk/government/uploads/s ... _07_14.pdf

[dkasyap]

I assume you are referring to the following clause mentioned in the document you have linked :

"You can continue working for your previous
sponsor until the start date on your new Certificate of Sponsorship, provided your previous
leave has not expired."

I discussed this exact clause with the UKBA representative and she said we need to pay attention to the last bit in the clause : "provided your previous leave has not expired."

The previous leave (current TIER 2 visa) will expire as soon as the new visa is stamped.