Tier 2 - notice period vs payment in lieu causes gap?

[jrk223]

Apologies if this question has been asked and answered, but I have looked around and can't find an answer.

A person is currently holding a Tier 2 visa with a 3 month notice period and wants to change employer. They get an offer, apply for the new visa with the new employer with a COS and start date that allows them to serve their entire 3 months notice per their contract. After securing the visa approval, what would happen if, when they notify their current employer, the current employer chooses to not have them serve their notice period and instead, terminates their employment immediately and pays in lieu as per their contract.

Technically, the person's employment has been terminated and it could be assumed that the current employer could notify the UKBA of this, thus potentially kicking off the curtailment period requiring the person to leave or commence new employment in 60 days.

Or, given that the new visa (future dated by three months) sufficient to legally remain in the country?

Thanks to anyone who has info on this!

[moonlight55]

The curtailment period does not kick-off from the day the old employer notifies HO. Once notified, UKBA will do their homework and then formally send out a letter to the visa holder about their 60 days of curtailment. The 60 days starts from the date the letter was generated and not from the date the old employer notified HO. This so called "homework" takes some time, sometimes 4-6 weeks based on HO's workload. During this period, your stay in UK is still valid as long as you continue to hold a valid visa.

In the person's case, he already have the new visa. Hence, ideally HO should not even process the curtailment letter since he will have a valid visa when the old employer notified the HO.

[Frontier Mole]

I can confirm that based on the information stated that HO would not curtail your leave if you already have a visa for the new employer.