Help with Tier 2 COS discrepancy

[the3rdman]

Hello all, I'm hoping you can help me out.

My current Tier 4 dependent visa expires the 27th of January. I was just assigned a COS yesterday (15.1.2014) but the start date on the COS indicates that the job begins on 6.1.2014, which was the start date listed on the RLMT advert. I am planning on applying for my Tier 2 visa by the end of the week, but will the start date on the COS pose an issue considering I am applying for the T2 visa AFTER the COS start date?

I'm guessing I could just ask my sponsor to make a sponsor note to change the start date to my current Visa expiry date, but wasn't sure if this would be an issue going forward.

Thanks in advance for your help.

[manci]

as the dependant of a T4 student switching to T2G you need a restricted CoS. Presumably this is what has been assigned?

[the3rdman]

Ok that's really helpful. Thank you!

[manci]

please see my amended post

[the3rdman]

Yes, we've made a Restricted COS assignment. Does that change anything?

It was under our impression that my sponsor could add a sponsor note to amend the start date. Question was/is, what is the start date? Any time between 15.01.14 (COS assigned date) and 27.1.14 (when my current Tier 4 visa expires)?

[manci]

for an unrestricted CoS the work start date cannot be earlier than the assignment date and I suspect this rule also applies to restricted CoSs but I'm not sure. Ask your sponsor to call the employer helpline on 0300 123 4699 to clarify (or you can call them anonymously yourself, they don't ask for names, just speak as though you were an employer). If necessary the 6 Jan work start date can be changed to 15 Jan with the addition of a sponsor note.

As a T2G migrant you can start work later than the start date given in the CoS, but you cannot start earlier, and you cannot start before your T2G leave has been granted. No amendment of the CoS is necessary on this account.

[the3rdman]

Thanks again for your replies Manci. You noted that:

you cannot start before your T2G leave has been granted.

Under my current Tier 4 status, wouldn't I be allowed to continue working with the current employer that's sponsoring me while my T2G application is under review? I was under the impression that this was the case. I may have misinterpreted what you said though.

Just to note, I am a supply teacher, currently working with the school that has assigned a COS to me in order for me to become a full time teacher. I'm guessing that I can continue working as a supply teacher, and then switch into the full-time role once my T2G visa is granted?

[manci]

as posted earlier:
1.
As a T2G migrant you can start work later than the start date given in the CoS, but you cannot start earlier
2.
Q: What is my immigration status while my application is being decided?
A: Your T4 leave will continue and you can work as permitted under T4 rules.