Notice period start after decision

[Daniel22]

Hi all.

Need some urgent advice on this.

I've recently applied to switch to Skilled worker visa with a new employer from an ICT one. The HO decision should arrive this week.

My concern is the following: do I have to notify my current employer as soon as I receive the decision or I can wait some time before entering the notice period?

I'm aware that the Skilled visa allows working our the notice period, but it is not clear whether this must start immediately after the decision is released.

My intention is to keep the news until the bonus is paid in late February, which would imply about a month of delay. The start date in the new company is not an issue at all.

Thanks much.

[ywlgy]

The employer must cancel the sponsorship if you fail to start the work 28 days after visa approval or start date on CoS. The only exception to this is the contractual notice period, not "waiting for bonus". Also, the new employer should know your notice period and are they happy for you to delay joining for another month?

[Daniel22]

Thanks a lot for your answer.

My solicitor told me I have 3 months + 28 days since the submission date to join the new company. So the start date of the CoS was set at the end of this period.

The new employer is aware that I have a 3 months notice period.

So, to be clear, you say I should immediately notice my current employer once I receive the decision?

I've read other answers saying that resignation and notice period are totally between employer and employee,
and that I should only comply with the starting date.

Appreciate if you can clarify.

Thanks again.

[ywlgy]

Thanks a lot for your answer.

My solicitor told me I have 3 months + 28 days since the submission date to join the new company. So the start date of the CoS was set at the end of this period.

The new employer is aware that I have a 3 months notice period.

So, to be clear, you say I should immediately notice my current employer once I receive the decision?

I've read other answers saying that resignation and notice period are totally between employer and employee,
and that I should only comply with the starting date.

Appreciate if you can clarify.

Thanks again.

It will be helpful if you can list your CoS issue date, visa online submission date and CoS start date.

And what does your lawyer say?

[Daniel22]

It will be helpful if you can list your CoS issue date, visa online submission date and CoS start date.

And what does your lawyer say?

CoS issue date: 10th January
Visa online submission date: 17th January
CoS start date: 25th April

I have not consulted him yet, but I will. In the meantime, I wanted to have a second opinion.

Thanks!

[manci]

CoS issue date: 10th January
Visa online submission date: 17th January
CoS start date: 25th April

you applied too early, see https://www.gov.uk/government/publicati ... le-version

S3.7. The worker must use the CoS in an application for entry clearance or permission no more than 3 months after the date it was assigned to them. However, they cannot apply for entry clearance or permission more than 3 months in advance of their employment start date, as stated on their CoS. You must make sure the timing of your recruitment and the date you assign the CoS does not put the worker in a situation where they cannot make a successful application for entry clearance or permission.

The HO decision should arrive this week.

Has it?

[Daniel22]

you applied too early, see https://www.gov.uk/government/publicati ... le-version

Yes, I had the same doubt, but the solicitor managed this way.

Has it?

Yes, approved. I'm a Skilled Worker

Thanks a lot for your answer.

[CR001]

Of key importance here is that you must I form your current employer when your visa status has changed and provide employer with evidence of this. You cannot continue working simply to get a bonus in a months time and only then resign and serve your notice.

[Daniel22]

Of key importance here is that you must I form your current employer when your visa status has changed and provide employer with evidence of this. You cannot continue working simply to get a bonus in a months time and only then resign and serve your notice.

Perfect, pretty clear. I'll do so today (I received the decision on Monday).

Thank you very much for all your help.

[manci]

Yes, approved. I'm a Skilled Worker

Of key importance here is that you must I form your current employer when your visa status has changed and provide employer with evidence of this.

What is the start date of your new SW permission?

[Daniel22]

Yes, approved. I'm a Skilled Worker

Of key importance here is that you must I form your current employer when your visa status has changed and provide employer with evidence of this.

What is the start date of your new SW permission?

25th April

[manci]

You have ICT permission at present and the new SW permission only commences on 25 April

You could delay giving notice to your present ICT employer until after you received the bonus end of February, there is no need to inform them of your intention to leave earlier.

As the start date in the new job is not critical consider paras S3.9 and S3.10 below and discuss the matter with the new SW sponsor.
https://assets.publishing.service.gov.u ... -12-21.pdf

S3.9. You must normally stop sponsoring the worker and inform us via your SMS
account if the start date is delayed by more than 28 days after whichever is
the latest of:
• the start date recorded on the worker’s CoS (including any amendment to
that date you have told us about via SMS while the worker was awaiting a
decision on their application)
• the date the worker’s entry clearance (visa) becomes valid
• the date the worker is granted permission to enter or permission to stay

S3.10. An exception to this is where the worker is required to work out a contractual
notice period with their previous employer (and, where the worker is in the
UK, their conditions of stay allow them to do this). If, as a result of working
out a contractual notice period, the start date will be delayed by more than 28
days (as defined in the previous paragraph), you must notify us via your SMS
account. If you know the worker will need to work out a contractual notice
period, you should, as far as possible, factor this in when you enter the start
date on the CoS (but remember that the worker cannot apply for permission
more than 3 months before the start date on the CoS)

Alternatively, you could negotiate a reduction in the notice period with your present ICT sponsor.

[lolo2]

Considering that legally you're still an employee just serving your notice period, I understand you will be entitled to any contractual bonus during this time.

I think I've read a similar case here in the past, however I am not sure if this works the same with workers with an ICT permission. Since the worker is in the UK, I assume this applies too.

I see you're applying through a solicitor, you can ask them about any actions you can take if your employer refuses to pay the bonus during your notice period.

[Daniel22]

Thank you both for your answers, manci and lolo2.

I've asked my solicitor and she said I should resign these days, so I followed his instructions.

I'm not entitled to the bonus by contract, but I asked a former partner yesterday and he told me that it is a common practice of this company to pay the bonus even if you are in the notice period, as long as you are still an employee at the bonus day. I hope they keep that tradition.

Thanks much to all of you for your help, a decision has been made and Alea jacta est.