Tier 2 General - 6 months notice illegal ?

[jkcool]

Hi,

I am on a Tier 2 visa and I have been working with the employer for almost 2.5 years. When I was given the initial offer the notice period was 3 months and later when my contract was extended, the notice period was increased to 6 months. Now, this is an issue when I tried to switch jobs. First of all it's very difficult to get a job offer with Tier 2 sponsorship and on top of it I am having 6 months notice period.

When I checked the Home office website, it says for switching , the new employer can apply for CoS with effective date after 3 months. One should resign from current job only after the new visa is approved. Does that means that only a maximum of 3 month notice period is legally binding ?

[manci]

immigration law and your employment contract are two different matters. To be on the safe side by not resigning before you have your visa you'll have to negotiate a shorter notice period with your employer

[jkcool]

Thank you Manci. I will try to negotiate it with the Manager.