working during change of employment application

[johnjkjk]

Following delays in obtaining a sponsor licence, I'm yet to start work for my new employer and have been let go by my previous employer. I thus have a change of employment application being processed and I no longer work for my previous employer. I understand that one can't work for a new employer (on a new CoS) until a decision has been made and biometric card received, however given that the conditions of my leave are extended during the application process, am I able to work part time in 'supplementary employment'?

Tier 2 policy guidance states:

202. You do not need to inform us of any supplementary employment, as long as it is:
• in the same profession and at the same professional level as the work for which your Certificate of Sponsorship was assigned; and
• no more than 20 hours per week; and
• outside of the normal working hours for which your Certificate of Sponsorship was assigned.
203. In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship.

Given that I don't have an active CoS, does supplementary employment not come into play?

Is there anything I can do at all until a decision is made? Can I volunteer and continue to study part-time (I'm on a course)?

204. You can also undertake voluntary work in any sector

187. You can study if you wish. There is no limit on the number of hours you can study or the type or level of course, provided this does not interfere with the job you have been sponsored to do. You can study anywhere you choose and you do not have to study with a sponsor registered under Tier 4 of the points-based system.

[manci]

Following delays in obtaining a sponsor licence, I'm yet to start work for my new employer and have been let go by my previous employer. I thus have a change of employment application being processed and I no longer work for my previous employer..

Hi Johjkjk
If you no longer work for your old employer your remaining leave would normally be curtailed if it was longer than 6 months.

How can you have your change of employment application "being processed" if you haven't got your new CoS yet?

Your present status allows you to live in the UK until your leave expires but you cannot work. The supplementary employment provisions would only apply if you were still in employment.

I'm not sure abour volunteering or part-time study. May be other Forum members will contribute. If not, ask the Immigration Enquiry Bureau (0870 606 7766)and make a note of the advisor's name and the date/time of the conversation (all calls are recorded).

[johnjkjk]

I can confirm that one can indeed volunteer and study in such a situation. Supplementary employment would appear to be dependent on having an existing valid CoS and continuing to work for said employer.

Curtailing of leave doesn't apply in my case as I was on a contract that was not renewed, rather a permanent position. I did not say that I don't have a CoS issued by my new employer, I do. My 'leave' is extended whilst the application is in (with a CoS), by virtue of section 3C, and that would have allowed me to work for my old employer, if my CoS from them was still valid, which it isn't.