Tier 2 Change of Employment Interim Period

[austinreed]

Hi,

I am new to this and I am facing the following issue.

I was under TIER 2 with my old employer and I have applied and successfully obtained approval to work for another employer until TIER 2. The dates are as follows:

1. COS work start date: 20/10/2013
2. BRP issue date: 23/8/2013 (no valid from date)
3. Notice period ending: 23/9/2013

My question is between 24/9/2013 and 20/10/2013, can I start working for the new employer given I have received my approval letter and BRP?

I have had mixed answers.

AA) Those suggested i can start working for the new employer as soon as 23/8/2013: Croydon hotline and the people at the PEO office.

BB) Those suggested I should wait until COS start date (20/10/2013): another Croydon hotline person.

I have had a look at these two, which said...

http://www.ukba.homeoffice.gov.uk/visas ... onditions/

If your application is decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245 HE - f

(f) in addition to the periods in paragraphs (d) and (e), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking Service records as the start date of employment in the UK, provided this is not a negative value.
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and

(g) leave to remain will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment except:

(1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA, (2) supplementary employment,

(3) voluntary work,

(4) until the start date of the period of engagement, any employment which the applicant was lawfully engaged in on the date of his application, and

(5) if the applicant is applying as a Tier 2 (Sportsperson) Migrant, employment as a sportsperson for his national team while his national team is in the UK.

It seems I can start working as soon as my application is approved. But I am very confused.

Thanks.

[Jeeves]

I'm fairly certain you can start work now - the card has been issued so your immigration status permits you to work for the sponsor.

The cards don't have a 'valid from' like an Entry Clearance (which can be post-dated), I can't see any legal basis for saying you can't work.

[austinreed]

I'm fairly certain you can start work now - the card has been issued so your immigration status permits you to work for the sponsor.

The cards don't have a 'valid from' like an Entry Clearance (which can be post-dated), I can't see any legal basis for saying you can't work.

That's what I think. Thanks. I will see what other say as well.

[manci]

IMHO you can only work in the job for which you have been assigned a CoS and the CoS has work start and end dates. There could be problems if the HO pay a visit to the sponsor and find you working before the work start date.

However, it is the employer's decision (not yours) whether they will let you start work before the work start date stated in the CoS and there may well be a concession in this regard. Ask the sponsor to call the employer helpline (0300 123 4699) to check whether this is allowed or not and, if it is allowed, whether they have to notify the HO via the SMS.

[austinreed]

IMHO you can only work in the job for which you have been assigned a CoS and the CoS has work start and end dates. There could be problems if the HO pay a visit to the sponsor and find you working before the work start date.

However, it is the employer's decision (not yours) whether they will let you start work before the work start date stated in the CoS and there may well be a concession in this regard. Ask the sponsor to call the employer helpline (0300 123 4699) to check whether this is allowed or not and, if it is allowed, whether they have to notify the HO via the SMS.

Thanks. I appreciate that it's the safest way to do it. However, what about welcoming event/ pre-joining briefing before the COS start dates? Thanks.