Got Skilled Worker Visa Decision can i serve notice in Current Employer post my ICT VISA expiry?

[sibapd144]

Hi
My Current tier 2 ICT Visa expires on Oct 14 2023 but i have applied and got my new Skilled worker VISA decision yesterday (am yet to get BRP) which has work start date Dec 12 2023 in COS. my last working day in current organization is Dec 03 2023. can i continute to serve my notice period post Oct 14 2023 in current employer in UK as my ICT Visa has expired?

Please reply .if possible provide some official links that can justify your inputs.

Thank You.

Regards,
Siba

[sibapd144]

Just to clarify again when am referring to Skilled Worker Visa its from another Employer while my ICT VISA is from my current employer.

[lolo2]

Once the new Skilled worker visa is approved, your previous leave is no longer valid. The expiry date of the old visa is irrelevant.

You can work the notice period with the current employer with no issues.

[sibapd144]

Thanks a lot for your reply.

You mean since i have got new Skilled VISA so i can continue to work with current employer(whose actual sponorship would have ended on Oct 14 2023)? If Yes, Requesting you to kindly share any official links.

Does it mean Officially my start Date with New organization is Dec 12,2023 but UKVI has allowed to serve notice till Dec 04? it has nothing to do with new employer till i join?

Again there would be one week gap from Dec 04 2023 to Dec 12 2023(i.e joining Date of new organization). will this cause any issue in future in settlement route ?

Now do i need to keep those evidences of serving notice period while switching from ICT to Skilled Worker Visa for Settlement Route in future/ ILR?

Regards,
Siba

[Frontier Mole]

You can only continue to work with your current employer until either
Your current visa with that Sponsor expires or until your start date with your new employer - whatever date comes first.

I am a little confused about what you have written in regards what date is for what reason. If your visa expires on 14th October 2023, what I think you are stating(?) then you can not work beyond that date with your current employer.

Notice period does not overcome the need to have a valid visa for the employer- you might want to ask your new employer to start you earlier.

[sibapd144]

Thanks @Frontier Mole.

Still need your help in getting clarified.

As i have got my decision yesterday new skilled worker visa application is successfull. am not sure what would be start date in BRP but i have got end date in my decision mail.(Dec 25 2026)

my concern is since current ICT VISA expiring on Oct 14 2023 and Work Start Date in new organization is on Dec 12 2023, am i legally compliant to serve notice period with my existing employer whose visa is expiring on Oct 14,2023 till Dec 03 2023(last working Day) in UK?

Probably my organization may ask me to go back to India to serve remaining of notice period from Oct 15,2023 to Dec 03 2023 .

Regards,
Siba

[CR001]

Your ict visa has been cancelled when your skilled worker visa eas granted. You cannot hold two visas at the same time

You now only hold a skilled worker visa, thats it.

I would heed the advice given by frontier mole.

[sibapd144]

Thanks CR001 for valuable reply. Really appreciated

Considering these lines
You can only continue to work with your current employer until either
Your current visa with that Sponsor expires or until your start date with your new employer - whatever date comes first.

Now since i have only skilled worker Visa from new employer so the second condition applies to me.(i.e. until your start date with your new employer ). Since work Start Date is Dec 12 2023 with new employer,then i can continue my notice period till Dec 03 2023(last working Day)?

If Yes, Please even do share official links on the above.

Regards,
Siba

[Frontier Mole]

You cannot work beyond 14th October 2023 with your current employer. Please note that immigration law has primacy over employment and contract law. So your three months notice period is irrelevant if you can no longer work for your employer after 14th October 2023.