Handling Long Notice Period and Tier 2 Visa Change

[wtswitch]

Hi,

I am going to be switching companies soon, which required changing my tier 2 visa to the new employer. Based on previous posts in this forum, I understand the 'best' way to handle leaving the current employer is to first get the new visa approved, and then hand in the notice. My issue is that my notice period is very long. I (and my new employer) want me to switch jobs ASAP. My understanding is that when a visa is issued for the new employer, I cannot work at my old employer beyond the new visa's start date. Therefore, if the start date is before the end of the notice period, the old employer cannot force me to work.

My question is, is it worth breaching the notice period to start at the new company? What actions, if any, can the old employer take in this situation?

Thanks!

[Djsuccess]

Employment issues and immigration issues could be different at some point. And you have to be careful with this. Don't resign until your visa for the new job has been granted. Explain your situation to your new employer and see if they could be more flexible. You know your current boss and should be able to tell if he/she would allow you to leave earlier than your normal notice period. Notice periods are negotiable. So I will advise you get your new visa and then try to negotiate early release from your current job.

[wtswitch]

Employment issues and immigration issues could be different at some point. And you have to be careful with this. Don't resign until your visa for the new job has been granted. Explain your situation to your new employer and see if they could be more flexible. You know your current boss and should be able to tell if he/she would allow you to leave earlier than your normal notice period. Notice periods are negotiable. So I will advise you get your new visa and then try to negotiate early release from your current job.

Thanks for the reply, Djsuccess. Definitely, I will only resign after my new visa is approved. The thing is, my employment contract states my notice period. Do you still think it is negotiable? I guess the only thing I am worried about is a negative reference if I force an exit through my visa change.