Tier 2 General Leave to Remain _ Change of Employment

[amirhessam11]

Dear All,

I have read some of the treats some sort of similar to my question, however, I still found them a bit unclear.

I am under Tier 2 General Visa until 14.October.2017. I am planning to change my employment and the agreed start date is 01.02.2017.

I have 3-month notice for my current job.

I was planning to apply for the new Tier 2 visa in November 2016 within Premium Service (in person). I was thinking that if I get my new Tier 2 Visa, then I can continue working for my current employer till the start date of CoS which is 01.02.2017.

HOWEVER, it seems that if I get my new visa in November, the new visa will invalid my current visa, so basically this means that I can not continue working for my current employer and I need to change my job ASAP. (IS THAT RIGHT?)

I have contacted Home Office they told me that I can apply for premium service within 28 days (This means January time AND I ASSUME THAT I CAN CONTINUE WORKING FOR MY CURRENT EMPLOYER DURING THAT TIME??)

So what should I do with my Notice Period? Can I give my current employer just 28 days notice AFTER I received my new visa? Or shall I give them notice in November time (to be within 3 months)? IF I GIVE THEM 28 DAYS ONCE I GET MY NEW VISA, THEN CAN MY CURRENT EMPLOYER TAKE ANY LEGAL ACTIVITY AGAINST ME AS I AM NOT FOLLOWING THE 3 MONTHS NOTICE?

Thank you for your advice, guys!
Regards,
AHA

[iworker]

this is a bit of an overlap of employment law and immigration law where both of them dont work very well.
technically, once u get the new visa, u cant work for previous employer.
The easiest way i can think of is, give notice to your new employer when same day visa application is granted. Then when the visa comes, tell them u cant work for them as it is against the law for them to employ him.. its them who needs to worry and not u ( or at least i see it this way)

[amirhessam11]

Thanks "iworker" for the reply.

Yes, indeed it is a gap in between the two laws. You can not satisfy both of them!

I was wondering if I give very very less than 3 months notice (assuming that I have got my new visa already), could the current employer take any legal action AGAINST MY NEW VISA through Home Office?

[mojtaba]

Here is a step by step process for change of employment. hope this helps

1. Get a conditional offer letter from the new employer. Read it thoroughly and make sure everything is right.
2. Ask the new employer to generate a CoS (certificate of sponsorship). Once generated, read it thoroughly and make sure everything is right.
3. Once you have your CoS number, make a fresh Tier 2 application. You will not have to show funds or proof of English if you were already on a Tier 2 Visa.
4. Wait for your new BRP to arrive.
5. Once you have the new Visa, ask the new employer to draft a final UNCONDITIONAL offer letter with a start date that corresponds to the notice period that you have to give to your current employer. Preferably, start from the beginning of a new month.
6. Proofread your final contract and sign it. Ask your new employer to report via SMS (sponsorship management system) that you are currently completing your notice period.
7. Once all the above are done, immediately let your old employer know and start the notice period.
8. Complete your notice period and then join your new job!