Tier 2 and Resignation

[tamaghna_roy]

I am working under Tier 2 in UK, however, I have recently resigned from my job and have decided to move out of UK. As a part of the resignation process I am supposed to serve a 3 month notice period, but the my Tier 2 visa is going to expire in 2 months.

Under this circumstances, how am I supposed to serve the 3 months of notice ? will my employer need to apply for an extension for a month? how long does the extension process take?

[manci]

you are only allowed to work in your present job until the work end date in the CoS which is likely to be 14 days before the date of expiry of your visa.

If the employer insists that you must serve the 3 months notice period they should assign a new CoS to you and you must apply for an extension of your leave.

In view of this the employer is probably not going to insist that you serve the full notice period.

[tamaghna_roy]

I raised the issue of CoS end date with my HR but no one seems to have a clue about it. They tell me that my case is not a very common one, so they have to investigate further.

Is there a official document or a place where I can check the end date of my CoS, so that I can point it out to my HR. I am begining to panic a bit as I don't want to end up without a VISA or permission to work, before my role is formally terminated.

[Gagan1986]

I raised the issue of CoS end date with my HR but no one seems to have a clue about it. They tell me that my case is not a very common one, so they have to investigate further.

Is there a official document or a place where I can check the end date of my CoS, so that I can point it out to my HR. I am begining to panic a bit as I don't want to end up without a VISA or permission to work, before my role is formally terminated.

If your visa expires in 2 months, how can your employer ask you to work for 3 months to serve your notice period? That is a common sense, no visa - you can't work.

If they are not ready to listen and forcing you to work you can go down the route of getting in touch with UKBA and sending a complaint which I know is a serious affair but that is your last resort

[tamaghna_roy]

I agree, but for now, I want to work with my HR to see if there is a amicable way out.

For that, I need to know if there is a way in which I can find out the end date of my CoS and is there a formal document which says my employment needs to end on the end date of my CoS.

If anyone can help in this regard, it will be great

[Gagan1986]

You need to find out who is level 1 user in the company for managing the sponsor management system where ther generate COS. Get in touch with that person and he/she will be able to trace that for you

[manci]

I need to know if there is a way in which I can find out the end date of my CoS and is there a formal document which says my employment needs to end on the end date of my CoS.

The formal document that says when your employment has to end is the CoS. It is a virtual document which can be accessed online by a Level 1 user of the system (who is normally in HR) and it can be printed out. If you haven't been given a copy ask HR what your work end date is in the CoS.

If they insist that you work beyond the work end date in the CoS they will be in breach of immigration rules and can lose their sponsor licence.

[tamaghna_roy]

they said that the end date of my CoS is 15th of March 2013, but I can work till the expiry date on my visa !!

Basically, I have resigned they don't want to renew my visa. At the same time, they want me to work a notice period right till the expiry on my visa (last working date 15th April 2013) using the above as an excuse.

I don't want to be caught in a situation where I am in the breach of any regulation. Is there anything I can do to force them to either renew my visa or terminate the employement earlier?

[manci]

refer to my earlier post.

suggest you ask HR to call the UKBA employer helpline on 0300 123 4699 to confirm that they are not allowed to let you work beyond the work end date in the CoS (15 March).

In fact you can also ring the helpline yourself. They don't ask for names but make it sound that you are an emplyer.