Switching from Tier 4 to Tier 2 employer question

[ir_mel]

Hi all,

My current Tier 4 visa expires on 17.01.2017. I am currently working and will be starting my new role at my sponsor company on the 10th of January. If I apply for my Tier 2 visa next week with a priority service and receive the visa lets say before Xmas. Can I still work with my current employer (not my sponsor company) until my notice period ends?

Thanks

[CR001]

Yes.

[ir_mel]

thanks but could you please explain how that would be fine? Because if my Tier 2 visa ties me to a certain company, how can I work with the other one? I know once I get tier 2 my tier 4 will not be used.

Thanks

[CR001]

If you search the forum, you will see that most apply for their Tier 2 and then give notice. This is normal.

[Frontier Mole]

What might be considered normal and what UKVI considers acceptable can be a little way apart....

Officially once you receive the visa either to move to tier 2 in your case from tier 4 or changing employer then the following points come into play

If your new visa is forwarded dated then on that date you can legally work for the employer that issued the COS. If you are already working under some form of immigration status then until the visa start date you remain under those conditions with whatever employer you are with.

If in your case where you are starting with a new employer - from the tier 2 visa start date you can not work full time for another organisation. That breaches your visa conditions and places the existing employer in a position where they are employing you illegally and both you and them become liable for a fine under illegal working.

While I accept there is a worthwhile ideal of serving your notice period the risks involved to the existing employer and under the recent changes in the rules to you as an individual go way beyond the ideal.

As an aside- fines are regularly issued to employers retrospectively for illegal working while the previous convention was only to do so if the illegal working was actually happening at the time of a visit. That change in approach will seep into the employers in time and dispel the myth that once an employee leaves your employment all is safe.

[CR001]

What might be considered normal and what UKVI considers acceptable can be a little way apart....

Officially once you receive the visa either to move to tier 2 in your case from tier 4 or changing employer then the following points come into play

If your new visa is forwarded dated then on that date you can legally work for the employer that issued the COS. If you are already working under some form of immigration status then until the visa start date you remain under those conditions with whatever employer you are with.

If in your case where you are starting with a new employer - from the tier 2 visa start date you can not work full time for another organisation. That breaches your visa conditions and places the existing employer in a position where they are employing you illegally and both you and them become liable for a fine under illegal working.

While I accept there is a worthwhile ideal of serving your notice period the risks involved to the existing employer and under the recent changes in the rules to you as an individual go way beyond the ideal.

As an aside- fines are regularly issued to employers retrospectively for illegal working while the previous convention was only to do so if the illegal working was actually happening at the time of a visit. That change in approach will seep into the employers in time and dispel the myth that once an employee leaves your employment all is safe.

Thank you for clarifying. Misread the Tier 4 to Tier 2

[ir_mel]

Thank you, in this case, I will apply for a Tier 2 visa first week of January. In this case, would it be okay? I guess the important part is the start date on the Tier 2 visa in this case.

Also, my current employer has to cancel the COS they assigned to me, and for that she email the business help desk email adress. But isnt this something the HR can do on the SMS system by simply withdrawing it?

[Djsuccess]

Thank you, in this case, I will apply for a Tier 2 visa first week of January. In this case, would it be okay? I guess the important part is the start date on the Tier 2 visa in this case.

Also, my current employer has to cancel the COS they assigned to me, and for that she email the business help desk email adress. But isnt this something the HR can do on the SMS system by simply withdrawing it?

You are taking a big risk leaving your visa application till last minute. I also think it's not smart telling your current employer that you are leaving when you have not received your visa for the second employer. Tier 4 to Tier is easy as RLMT is not required but things could still go wrong especially if the right salary is not earned.
There's no point waiting till January before applying. Tier 4 is a student visa which means you have not worked for the current employer up to a year so your notice period shouldn't be more than 1week. Employment issues and immigration issues are not always the same.

If both companies are willing to sponsor you and you have decided to go for the other company, then you have to act quickly. You can not be issued with two Cos at the same time, so the HR should be able to cancel it from SMS.

[ir_mel]

My notice period is actually 4 weeks as I have been working for them for almost a year now.

So if I apply to switch my visa middle of next week, without the priority service, can I still work with my current employer until the end of my notice period (5th of January) because I am guessing that they would put the "valid from date" on my visa same date as my start date at my new job, or from what I can see under other topics, valid from date is roughly one month after the application date.

Please advise

[Djsuccess]

My notice period is actually 4 weeks as I have been working for them for almost a year now.

So if I apply to switch my visa middle of next week, without the priority service, can I still work with my current employer until the end of my notice period (5th of January) because I am guessing that they would put the "valid from date" on my visa same date as my start date at my new job, or from what I can see under other topics, valid from date is roughly one month after the application date.

Please advise

If you don't use priority you are not likely to get your visa in January. And you won't be able to work for any of the companies after your visa expires and waiting for the new one.

As a tier 4 visa holder, you can not work more than 20 hours per week during term time. Even if you have worked for the company for almost 1year, it wouldn't have been full time. Most companies require 1week notice period for every service year. If your contract says 4weeks, then 4weeks it is for you. I will advice you get your visa sorted first and then negotiate your notice period.

[ir_mel]

Hi,
Are you really sure that I cannot work while I wait for my new visa ? Is it because of the 28 day rule mentioned On this website ?

https://www.citizensadvice.org.uk/law-a ... sa-delays/

Yes but, how can I apply for a visa with my new company and continue to work for another company in the meantime ? I got the cos and I'll make the application soon so I don't see a problem with handing in my resignation

[Djsuccess]

Hi,
Are you really sure that I cannot work while I wait for my new visa ? Is it because of the 28 day rule mentioned On this website ?

https://www.citizensadvice.org.uk/law-a ... sa-delays/

Yes but, how can I apply for a visa with my new company and continue to work for another company in the meantime ? I got the cos and I'll make the application soon so I don't see a problem with handing in my resignation

I have read many comments here where people continued to work while waiting for visa extension for same employer. I am not trying to make any issue out of your case but Im wondering how you want to continue working for your current company while waiting for a visa to work for another company.
I'm not an expert but I just like to make things less complex. That is, apply for your visa, get it and then cross the bridge of notice period later.