Tier-2 ICFN card

[skg]

My cousin is working in UK on a work-permit for last 3 years with the same company and his work permit is valid till June 2012.
He recently decided to change his job and has received Tier-2 ICFN cards last week, which allows him to start the employment with another company. However due to some personal problems, he has decided not to join the new company and would like to continue with his current job. New company is still willing to employ him but he doesn’t want to join there.

Since the ICFN card has been issued, is there any problem if he does not join the new company ?

Is there any need to inform Home office to cancel the ICFN card and update their record ?

Can he continue his existing job on his current work permit ?

Thanking you,

[geriatrix]

Since an ICFN has been issued (on a CoS from new employer), the leave issued on basis of his current employer will end on the starting date mentoned on the new CoS / date of issue of ICFN.

IMHO ... he has no option but to join the new employer because if he doesn't join and the new employer submits an NPEE (Notice of Premature End of Employment) to the Home Office, your friend will, very soon, be without any leave to remain in the UK.


regards

[geriatrix]

If your friend wishes to continue in his present job with the current employer, the CoS from new employer needs to be cancelled and the current employer will need to arrange for a CoS for your friend and (on basis of that) your friend will need to apply for fresh Tier 2 leave to remain.


regards

[skg]

The new COS states the employment start date as 01/06/2010. Does this mean his current workpermit, (which is valid till June 2012) will terminate on 01/06/2010 and he has to leave current employer before that ?

How would the current employer know about his new COS ?

Can he continue current job for few more weeks and join New company in middle of June 2010 ?

Thanks

[geriatrix]

The new COS states the employment start date as 01/06/2010. Does this mean his current workpermit, (which is valid till June 2012) will terminate on 01/06/2010 and he has to leave current employer before that ?

Yes. The new leave on ICFN supersedes the one on his passport (current leave).

How would the current employer know about his new COS ?

Maybe not, but he'll be in breach of immigration rules if he continues to work for his (current) employer beyond 31-May.

Can he continue current job for few more weeks and join New company in middle of June 2010 ?

This is what UKBA states regarding this issue.

If you make a 'change of employment' application, we recommend that you do not start your new job until you have received your identity card for foreign nationals. You and your sponsor may agree to start your job before you have your card, on the basis of your approval letter, but you will both carry the risk of having no statutory excuse against a civil penalty if the card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new certificate of sponsorship, provided your previous permission to stay has not expired.

Also, the new employer will report to UKBA if your friend doesn't turn up on his starting date.

regards

[visaforv10]

sushdmehta,

can we not consider working for current employer as extra job or second job in this case, which is I guess already legitimate.

Regards

[geriatrix]

sushdmehta,

can we not consider working for current employer as extra job or second job in this case, which is I guess already legitimate.

Regards

Read Conditions of your stay, second job, extra jobs

regards

[visaforv10]

http://www.ukba.homeoffice.gov.uk/emplo ... s/new-job/

the above link says

"The (new) sponsor must issue a new certificate of sponsorship, and the migrant must then make a new application to stay in the UK under Tier 2 or Tier 5. We must approve the migrant's application before they can start their new job, whether that job is with their existing sponsor or with a new sponsor. Until then, the migrant can continue working in their original job for their existing sponsor (provided their previous permission has not expired) until the start date of the new job, which should be the start date given on the new certificate of sponsorship.

it says the start date should be per CoS. As I understand it, we can start new job after CoS start date but not before that.

but i m not sure.....seniors pls reply.

[geriatrix]

http://www.ukba.homeoffice.gov.uk/emplo ... s/new-job/

the above link says

"The (new) sponsor must issue a new certificate of sponsorship, and the migrant must then make a new application to stay in the UK under Tier 2 or Tier 5. We must approve the migrant's application before they can start their new job, whether that job is with their existing sponsor or with a new sponsor. Until then, the migrant can continue working in their original job for their existing sponsor (provided their previous permission has not expired) until the start date of the new job, which should be the start date given on the new certificate of sponsorship.

it says the start date should be per CoS. As I understand it, we can start new job after CoS start date but not before that.

but i m not sure.....seniors pls reply.

It's like waiting for an answer that suits you.

If you do not report on the new job on the date specified in CoS, your employer is liable to report to UKBA. Do you want to take a chance on what the consequences(s) might be?

regards

[skg]

What are the implications if my cousin decides not to Join the new company even after receiving new Tier-2 ICFN cards.

His current employer is ready to keep him on existing workpermit (which is valid till 2012). Is this permit till considered valid ? Or is there any need of New COS from his current employer ?

In doing all this, will there be any negative impact on the immigration records with Home office OR during PR application after 5 years?

Thanks.