Tier 2 cos - work start date

[Manli]

Hello Friends,

I had a query on unrestricted COS start date. My prospective employer is planning to assign me the cos in next couple of days and has asked me to give a start date to put in COS.

After reading through this forum , i have a understanding that-
a, Only resign when you have new visa assigned.
b, To satisfy point a , for the work start date consider ( visa process time + notice period )


I am planning to go with priority postal option.

Considering my notice period with current employer is 3 months , should i ask my prospective employer to put the start date as (15 days + 3 months) = 3 1/2 months ?


Is there any restriction on cos assignment date/work start date etc ?

Also does the cos work start date need to match exactly or its just a approximation ?

Extremely confused ..kindly let me know

Regards,
Manli

[Manli]

Can kindly anyone please respond.

Regards,

[The Station Agent]

I don't think the start date can be more than 3 months away. CoS have to be used within 3 months of the date of issue.

[Manli]

Thanks a lot..so basically that means i wont be ever eligible for switching employer.Is there any other point I am missing.

Kindly let me know

[Lynz1988]

My understanding (and please correct me if this is wrong), the CoS is valid for 3 months from the date entered on it which means that as soon as the CoS is assigned, you have up to 3 months to submit your application to the UKBA and does not reflect your work start date.

[Manli]

Thanks Lynz1988

That was my understanding as well...Experts please help !!

Thanks in advance.

[ict2ilr]

As far as my understanding is: The CoS is valid for 3 months period from the day it's assigned to the applicant. Then the applicant has to file the visa application with the HO within that 3 months period, failing that the CoS will become invalid. The start date on the CoS could be more than 3 months. Experts, pls correct it, if i'm wrong.

[ict2ilr]

From the Tier2 policy guidance: on page 36, it says,

"176. You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor."

Hope, this helps you.

[manci]

...so basically that means i wont be ever eligible for switching employer.

Strictly speaking correct.

However, you could get the new employer to assign a CoS to you with a work start date, say, 2½ months after the date of assignment. Then apply for leave using the premium or priority postal service. Once your application is approved, say, 2 months before the work start date in the CoS, give 2 months notice.

You employer may accept this but, in any case, they will not be legally entitled to employ you beyond the work start date in the new CoS.

There may be an employment contract issue as a consequence of only having given 2 months notice instead of 3. Look in your employment contract to see what these might be.

[Manli]

Hi Manci,

Many thanks for your valuable advice. I got the visa today. Entire process was smooth and was done with 3 hrs.

I have one more qsn though , if my current employer decides to relieve me earlier can I join the new company before the actual cos start date ?

Thanks again for all the help !

Regards

[manci]

Hi Manci,

Many thanks for your valuable advice. I got the visa today. Entire process was smooth and was done with 3 hrs.

I have one more qsn though , if my current employer decides to relieve me earlier can I join the new company before the actual cos start date ? NO
Thanks again for all the help !

Regards

[Manli]

Thanks Manci !

Today i received my new BRP card with Valid until date :- 16/02/2016 & Date of issue :- 16/11/2013.

Was wondering should'nt the Valid until date be 3 yrs from the Date of issue ?

Just for information - my old BRP card had following dates.
Valid until date :- 15/03/2016 & Date of issue :- 28/02/2013.


Please advice.

Regards,

[raghul]

Hi Manli,

I am in a similar situation and have my PEO appointment on Saturday. Can you please let me know the list of documents you submitted?

Also did any dependents apply along with you? If they did, what documents did you provide for dependent application.

[Manli]

Yes...Me wife and my kid.

1. Applications forms for each of us
2. Marriage cert
3. Son's Birth certificate
4. Degree certificate
5. NHS certificate for each of us
6. Bank statements - 6 months
7. BRP for each of us
8. Passport each of us ( old and new)
9. 2 Photos each of us

Think thats it.

Regards

[raghul]

Thanks Manli,

So you took the originals and had a photocopy for each application ? Did you have to attest/ validate the photocopies ?

Did you do a PEO appointment ? If yes how long does the process take and when do you come to know the outcome.

[manci]

Today i received my new BRP card with Valid until date :- 16/02/2016 & Date of issue :- 16/11/2013.

Was wondering should'nt the Valid until date be 3 yrs from the Date of issue ?

Not necessarily, it depends on the work end date given in your CoS.

[Manli]

Hi Manci

Thanks !

I checked , the cos mentions end date 3 yrs from 03/02/2014 which is the start date. In this scenario , should'nt the BRP have valid until date 3 yrs from Date of issue :- 16/11/2013.

Is there any other restrictions I need to be aware about , where the visa is granted for less then 3 years duration.

Kindly let me know.

Regards,

[Manli]

To raghul

Photocopies were not required. Originals are sufficient.

I had booked premium PEO appointment and entire process took around 3 hrs.

Regards

[manci]

I checked , the cos mentions end date 3 yrs from 03/02/2014 which is the start date.

what is the actual work end date given in the CoS?