Tier 2 Gen appl approved but difficulties due to notice

[goldi]

I have made a change of employment application which is approved on August 18, 2014.

I am not legally allowed to work for my previous employer (sponsor) but they have suspended me and not even relieving me so that I can join my new employer (sponsor). In order to secure the job I applied for visa first and decided to resign afterwards.

Now instead of asking to settle the notice period clause in some other way, my previous sponsor is saying the following:

They will apply a visa for me, without my consent, which will then cancel my new visa. However, I don’t want to do this.
They want to put me in the garden leave so that if I can’t work for them then I can’t even work for the new employer.

My new sponsor is trying to help me and trying to accommodate the notice period, if possible without changing my current leave to remain (i.e., the new approved leave).

Hence I want seek advice on the following:

Can anyone cancel my visa (leave to remain) just by applying a new CoS for me without asking for my consent?
As my Tier 2 General leave to remain has changed and I am allowed to work for my sponsor only, can I join them or will it be illegal if I join them without the previous employer relieving me?
If I am legally not allowed to work for a company, can they put me in the garden leave?

I am very stressed due to this situation.

Kindly advise me on what is the correct legal way.

[iworker]

if your new emloyer does not have a problme with u leaving your old employer abrubtly and does not need references from your old employer, u should start work with new employer and forget everythin about old employer.. they can not do anything to hard your current leave.
They can also not force you to work for them as that will be illegal for THEM.
If i were u, i would still like to have good relations with old employer as the industry is small and people come across each other at some point. I would personally try to find a solution which includes strart working for new emloyer, andwork part time (less than 20 hrs) for the old emloyer to wrap up things..

[goldi]

Thanks for the reply.

I have offered them the part time work and am ready to work on weekends even though the distance between the two locations is quite a lot.

However, they want me to work for them full time. My new employer is trying to help me and my previous employer to find a solution. But the previous employer is telling me that if no solution is worked out then they will apply a visa for me which will cancel my new approved visa.

IS IT HUMANE TO SAY LIKE THIS THAT THEY WILL FORCEFULLY APPLY A VISA FOR ME AND CANCEL MY NEW VISA? I AM TRYING TO COOPERATE BUT DON'T YOU THINK IT'S A HARASSMENT?

[manci]

Nobody except you can apply for your visa.
You are only allowed to work, and your old sponsor is only allowed to let you work, until the work start date stated in your new CoS.
These are the immigration rules.
You also have an employment contract in which there may be some provision for a financial penalty if you don't give the required notice, but that is not an immigration matter.

[goldi]

Thank you Manci.

My new sponsor and the old sponsor are trying to find out the possibilities so that I can serve the notice period without making a change in the visa. Have you ever come across such a case when an employee is able to serve the notice period like this.

The start date on the new CoS is Aug 18 2014.

Do you think there is a way in which the Home Office can let me work for the old employer?

[manci]

Thank you Manci.

My new sponsor and the old sponsor are trying to find out the possibilities so that I can serve the notice period without making a change in the visa. Have you ever come across such a case when an employee is able to serve the notice period like this.

The start date on the new CoS is Aug 18 2014.

Do you think there is a way in which the Home Office can let me work for the old employer?

if the work start date in the CoS (not your visa start date or the CoS assignment date) is 18 August then you are not allowed to work for the old sponsor beyond this date. The only way would be as supplementary employment for which the rules are in paras 209, 210:
https://www.gov.uk/government/uploads/s ... _08-14.pdf

[North Pole]

Your old company is just threatening you, you don't have to bother it. As manic posted above comment, only you can apply for your visa. Without your signature in the application form they can't apply for any visa. Carryon with your new job. Good luck.

[goldi]

Thanks for your reply and the moral support.

Another thing which is a bit worrying is starting the work with the new employer on the start date.

As both the companies are talking to each other to find out some way of serving the notice period without changing the visa, I am not able to join my new employer.

Is there any specific time period within which an individual has to join after the start date given on the CoS? And if he is not able to, what will happen? or if the employer can specify the reason for late joining the work, does the Home Office accept this excuse?

[North Pole]

Mate, your old company is just delaying and wasting your time for nothing. I see from your above post your start date is August 18 and still you haven't joined your new company. As a matter of fact you couldn't able to give a month notice, but as stated above it's nothing to do with immigration. My advise is go on and start working with new employer. And deal with the old company latter on. As long as your new employer haven't got any issues with you, then why delay? By means of your previous post they just seem to be angry that you didn't give them proper notice, and thier work may lag from now on. My personal advise is to start your new job ASAP. Hope this helps you a bit.

[manci]

Thanks for your reply and the moral support.

Another thing which is a bit worrying is starting the work with the new employer on the start date.

As both the companies are talking to each other to find out some way of serving the notice period without changing the visa, I am not able to join my new employer.

Is there any specific time period within which an individual has to join after the start date given on the CoS?
no, you can join later provided it is by agreement with your new sponsor.
And if he is not able to, what will happen? or if the employer can specify the reason for late joining the work, does the Home Office accept this excuse?