change of employment - ICT to tier-2 gen - start date CoS

[smoothraj]

Current employer: tier -2 ICT Visa expires on 19th May 2012

New employer: Start date on tier-2 gen Cos 14th May 2012

I have been granted leave to remain under Tier-2 General for new employer (PEO appointment) last week. I have to serve notice at my current employer who is happy for my last working day to be 18th May. I desperately need some time off before I start work at my new employer.

Question is can I report into work at the new employer on Tuesday 29th May2012 (28th may is a bank holiday). The employer;s immigration lawyer who claims himself to be an expert says that he doesnt see this to be a problem and it is not necessary to reoprt to UKBA that I am joining on 29th and not 14th May 2012 as per CoS. His reasoning is that UKBA requires employer to report to them if the employee fails to join on the 11th working day from the start date on the Cos.

Can an expert on this forum validate this please?

thanks,

[smoothraj]

anyone?

@sushdmehta- your advice will be very valuable here. thanks

[manci]

You cannot continue working for your current employer beyond 19 May..

from the Tier 2 sponsor guidance regarding reporting duties:

548. You must report the following within 10 working days:
a) if a sponsored migrant does not turn up for their first day of work. You must include a reason given by the migrant for their non-attendance (for example a missed flight);

10+1=11 but I think your employer's immigration lawyer is stretching a point, however, this is an issue for your employer. not for you.

[smoothraj]

You cannot continue working for your current employer beyond 19 May..

from the Tier 2 sponsor guidance regarding reporting duties:

548. You must report the following within 10 working days:
a) if a sponsored migrant does not turn up for their first day of work. You must include a reason given by the migrant for their non-attendance (for example a missed flight);

10+1=11 but I think your employer's immigration lawyer is stretching a point, however, this is an issue for your employer. not for you.

thanks Manci- so as I understand from your advice is that I can suggest but need not insist to the new employer that they inform UKBA that I will be reporting into work on 29th May ( Reason: "serving notice period up to 18th May 2012 at previous employer and 1 week break between jobs") instead of 14th May 2012 as per start date on CoS.

[manci]

Your new sponsor/employer has responsibilities towards UKBA and they are advised by a solicitor. There is no need for you to get involved in this at all. Just make sure that you have written confirmation from your new employer as to when they expect you to start work (29 May).

[smoothraj]

Your new sponsor/employer has responsibilities towards UKBA and they are advised by a solicitor. There is no need for you to get involved in this at all. Just make sure that you have written confirmation from your new employer as to when they expect you to start work (29 May).

thanks !

[mvasudevan1984]

Hi Manci and other members

Situation - Tier 2 G to Tier 2 G (Change of Employment )Shortage Occupation list 2015

I do realize in change of employment case
employment with new employer can be started after success of new application

say like my current CoS gets removed by 31 OCT, 2015
I'm gonna make application before 31 OCT, 2015
What can be my new CoS start date ???

(My major doubt I cant guess when decision ll b made, (So can it be 1 Nov 2015 begin date in CoS))

please help , Thanks

[manci]

You cannot start work with the new sponsor until your application is approved but once it is approved you can continue working for your current employer until the work start date given in the new CoS, but not beyond.