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Change of employment - Tier 2 visa and notice period

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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alshhsla
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Change of employment - Tier 2 visa and notice period

Post by alshhsla » Tue Aug 22, 2017 9:57 pm

Hi all,

I am currently working for a company under Tier 2 visa. Recently I got an offer from another company and decided to accept it. I have agreed with the new employer with a starting date in the CoS and have submitted the application.

I just realised the notice period should be a problem. As always suggested, I want to give out notice and tell my current boss I will resign after getting the visa approved. I didn't consider this issue before and if I did this, I have to miss the starting date on the visa. I wonder should I contact the future employer to ask for another visa application with a later starting date? Or what would be the consequences if I do not serve the full required notice period? I was told that sometimes the notice period could be negotiated, however I cannot assure it. It seems that I legally cannot continue working for the current employer after some point with the new visa? So it seems to be impossible to serve the notice period?

Many thanks in advance for your help and suggestions!

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CR001
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Re: Change of employment - Tier 2 visa and notice period

Post by CR001 » Wed Aug 23, 2017 8:24 am

How long is your notice period? It would have been helpful if you has stated this.

It is usually not wise to resign or let your current employer know you will resign until you have your new visa. Working your notice period, depending on how long it is, is not usually an issue.
Char (CR001 not Casa)
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alshhsla
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Re: Change of employment - Tier 2 visa and notice period

Post by alshhsla » Wed Aug 23, 2017 9:29 pm

Thanks!

It is a three months' notice which seems to be unusually long for a junior staff. I also noticed the rule below quoted from home office:
"You can apply for a visa up to 3 months before the day you’re due to start work in the UK. This date is listed on your certificate of sponsorship."
Then it seems to be impossible to give notice after getting the visa and work the full three months notice period..

alshhsla
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Re: Change of employment - Tier 2 visa and notice period

Post by alshhsla » Wed Aug 23, 2017 9:31 pm

CR001 wrote:
Wed Aug 23, 2017 8:24 am
How long is your notice period? It would have been helpful if you has stated this.

It is usually not wise to resign or let your current employer know you will resign until you have your new visa. Working your notice period, depending on how long it is, is not usually an issue.
Thanks!

It is a three months' notice which seems to be unusually long for a junior staff. I also noticed the rule below quoted from home office:
"You can apply for a visa up to 3 months before the day you’re due to start work in the UK. This date is listed on your certificate of sponsorship."
Then it seems to be impossible to give notice after getting the visa and work the full three months notice period..

KarthikYan
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Re: Change of employment - Tier 2 visa and notice period

Post by KarthikYan » Sun Mar 25, 2018 9:35 pm

Hi,

May I know what you did here?
I am also in a similar situation looking for change and have 3 months notice.

avju007
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India

Re: Change of employment - Tier 2 visa and notice period

Post by avju007 » Sun Aug 12, 2018 4:40 pm

Hi all,
I am in a similar situation but my notice period is just 1 week.
I am currently working for an employer who has sponsored my Tier 2 Visa(till June 2021). I have got another offer from a new employer who has assigned a CoS for me recently and I am planning to go for a Premium service for my new tier 2 visa.

My Questions are,

1. Which visa application should I fill - Tier 2 switch or Tier 2 Extension?
2. The Start date in my new CoS is 20/08/2018, but if I don't get an premium appointment before that, will that be okay? IF yes, What'll be the start date in my visa confirmation letter or in my new BRP.
3. After I get my new visa (confirmation letter on the day of my premium service) Can I serve my notice period (2 weeks) with my previous employer?
4. If I can serve my notice after getting the new visa confirmation letter, Should my new employer inform the home office about my actual start date with my new employer?
5.Should I start my new position only after receiving my new BRP or I can start my new job on the start date which my new employer specifies to the home office even if the date is before my new BRP arrives?
6. I have paid my IHS for the previous visa(may 2018 - june 2021), I know that I should be paying my IHS for the new visa since it is a new application, but is it possible to reimburse the previously paid IHS?

IF someone could help me out with this, that would be great!

Thanks in advance!

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