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Tier2 (G) - Cos Start Date Vs Actual Start Date

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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sam88
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Joined: Wed Jun 07, 2017 9:14 pm

Tier2 (G) - Cos Start Date Vs Actual Start Date

Post by sam88 » Wed Jun 07, 2017 9:46 pm

Hi,

I am in process of switching Tier 2 General between employers, I am applying via Postal Priority Service through Employer's Solicitor, My COS Start Date is 10th of August 2017, My present Leave with Current Employer ends in April 2018, My Application will be sent out to UKBA next week by solicitor, Can any expert in this please confirm , if My New Visa gets stamped some time in end of June (say 30th June) and receive BRP by 1st Week of July, Can I legally start job with the new Employer before 10th of August.
According to Para 222 in Tier 2 Guidance I found this " It is recommended that you do not start work for your sponsor until you have received your biometric residence permit (BRP). However,on the basis of your approval letter, if you and your sponsor agree you can start work before you have your BRP, both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us.You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired."
Does it mean that I can start new job if the Start date of BRP is earlier than 10th August ?
Also, for my Visa Application my Current BRP will be sent out to UKBA along with the Passport, and if the New Visa Starts Only by 10th of August 2017, does that mean that I wont have any employment for time in between (say start July 2017- 10th of August), or I can continue working with my current employer and serve my Notice Period as mentioned above in para 222 in tier 2 guidance

Any Help will be really appreciated.
Thanks
Sam

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