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urgent Tier 2 -clarification

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sinha
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Posts: 42
Joined: Sat May 26, 2012 3:23 pm

urgent Tier 2 -clarification

Post by sinha » Thu May 31, 2012 4:34 pm

194. It is recommended that you do not commence employment until you have received your
biometric residence permit (BRP). However, on the basis of your approval letter, if you
and your sponsor agree to commence the employment before you have your BRP both
you and your sponsor carry the risk of having no statutory excuse against a civil penalty if
the BRP card is incorrect or withdrawn by us.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
leave has not expired

Hi I copied the above clause from tier 2 visa guidance could some one guide me should I have to resign my current job before the start date on cos
for example my start date on new cos is on 15th june so does it mean I can work till 14th june?

sinha
Newbie
Posts: 42
Joined: Sat May 26, 2012 3:23 pm

Post by sinha » Fri Jun 01, 2012 9:54 am

Dear All

Could some one advise the above concern

Thanks

sinha
Newbie
Posts: 42
Joined: Sat May 26, 2012 3:23 pm

Post by sinha » Fri Jun 01, 2012 2:27 pm

Dear Sushdmehta
May I request you if you could reply the above
Clarification
Thanks

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: urgent Tier 2 -clarification

Post by geriatrix » Fri Jun 01, 2012 7:28 pm

sinha wrote:for example my start date on new cos is on 15th june so does it mean I can work till 14th june?
You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired.
Plain and simple English!
Life isn't fair, but you can be!

sinha
Newbie
Posts: 42
Joined: Sat May 26, 2012 3:23 pm

Post by sinha » Fri Jun 01, 2012 7:46 pm

Dear Sushdmehta

Thank you very much for your reply and I had bit confusion on the start date because
1. one date is mentioned is june 15th on cos by the employer
2. other part is whether we are allowed to work with present employer until we get decison this is the dilemma

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jun 01, 2012 8:10 pm

If you read 194 carefully, you'll note that it refers to a scenario where an application has been approved.

When a decision has not been reached on a valid, in-time application, one can continue to work for the current employer until the day he receives an approval, provided his current leave has not expired / will not expire until such day.

The next plausible question may be - how can I just stop working one fine day? I have notice period to serve!!
The answer to that, IMHO, is that one should identify an appropriate "start of employment" date with the new employer taking into account the processing lead times and your obligations with the current employer. The immigration rules make no concession / discretion for any lack of planning.
Life isn't fair, but you can be!

sinha
Newbie
Posts: 42
Joined: Sat May 26, 2012 3:23 pm

Post by sinha » Fri Jun 01, 2012 8:26 pm

Dear Sushdmehta

Thanks again ... You can continue working for your previous
sponsor until the start date on your new Certificate of Sponsorship...

regarding the above line can also refer to employer mentioning the start date as start date will be mentioned in cos when employer submit to home office thaton the cos irrespective of the decision and one of my friedn resigned the present job based on that line

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