Deferred salary after termination of Tier 2 visa

[shuxiantan93]

Hi all - I have a quick question and would appreciate your insights

Is it legal to work for your new employer (they have issued you a COS and a BRP), when you haven't resigned from your old employer. I would be going on a career break, and wanted to try a new role / job during my career break. If I enjoy the role I may plan to quit my current role. In a more general term could one have 2 certificate of sponsorship in the UK?

[CR001]

No you cannot have 2 Cos.

You can only work for the employer who sponsored your tier 2 visa.

Your post is confusing. Your state a new employer, cos and BRP, but then say career break presumably from old employer.

If you have applied for a new visa with a new employer, you should resign from old sponsor so that you can start your new job.

[shuxiantan93]

Thanks CR001.

Sorry if I wasn’t being clear – is it possible to go on a career break with your current employer and while on your career break commence a new role (with your new BRP and COS) without resigning from your old job (but you are not actually doing any work for your old employer)?

Is my understanding correct that on the issuance of the new BRP, it is taken that the Home Office understands that you commenced a new employment and hence terminated the old one? (i.e. you don’t need to officially resign) And there will be no negative consequences to this?

[CR001]

You still need to resign. You signed a contract of employment and are still bound by those terms.

HO does not 'terminate' your previous employment.

[shuxiantan93]

Hi all,

I have some questions pertaining to changing employers, notice periods and commencing of work.

My new employer wants me to start work early. Given that my old employer have a 2.5 months notice period, I am thinking of using my paid holiday to start my new employment 1.5 months early. Would this cause any visa issues because I will be recorded by the UKVI as have double employment for the 1.5 months period?

Thanks in advance!

[moonlight55]

You cannot start work at your new employer until your new visa start date. This date will be based upon the COS start date.

You cannot continue to work with your old employer beyond the new visa start date since the old visa will become invalid.

[shuxiantan93]

Thanks for your response.

Just to be clear from, this means I cannot start working early for my new employer and I will need to complete my notice period (i.e. even if I use up all my paid holidays, I cannot commence work my new employer)?

Thanks

[Akorotaeva]

Duplicate post.

[Akorotaeva]

You.m cannot start work with your new employer until you have your new BRP and before your COS start date.

You can work for your old employer AFTER you receive your new BRP, but only until the start date on your new COS.

[UKLL]

Hi all,

I have some questions pertaining to changing employers, notice periods and commencing of work.

My new employer wants me to start work early. Given that my old employer have a 2.5 months notice period, I am thinking of using my paid holiday to start my new employment 1.5 months early. Would this cause any visa issues because I will be recorded by the UKVI as have double employment for the 1.5 months period?

Thanks in advance!

You cannot use the 1.5 month paid holiday to start early with your new company because you are still employed by your current company (Company A) to be able to have those "paid holidays", therefore whilst under the employment of A, you cannot work for company B. You cannot start to work for company B until the start date on the CoS. You cannot work 20 hours supplementary for company B either, unless the 20 hours are outside your normal working hours with company A.

The notice period is a rule of the company's not a rule of the Home Office's, if your new visa is granted and you have less time to complete the notice period, your old company does not have a choice but has to let you go before the start date on your CoS, otherwise they will get penalised because they will not be your sponsor anymore.

Your best solution is to ask your new employer to put the start date on the CoS as (estimated BRP issue date + your notice period). From my point of view you will be unlikely to be able to give 2.5 months notice to your current employer because a CoS can only be issued 3 months prior to start date I think.

[shuxiantan93]

Hello,

I will be resigning my old employer soon and my tier 2 visa will terminate in the end of March and will be starting my new employment in April. I will only receive my salary and paid holidays benefits at the end of April due to the manner my company's payroll system works. I just wanted to check if the would cause any visa issues (i.e. would a salary payment after my visa termination cause any issues?)

Thanks

[CR001]

Topics Merged (click)

No it should not be an issue as it is your salary you are entitled to.

[shuxiantan93]

Great thanks for the confirmation. I appreciate this is an immigration forum, but in terms employment tax, will I be taxed at a higher salary band because I will be receiving both my current employment income and my deferred income? Has anyone had experience on this before?

Thanks!

[CR001]

You need to address your salary tax issues with your HR departments or contact HMRC.

[Djsuccess]

Hello,

I will be resigning my old employer soon and my tier 2 visa will terminate in the end of March and will be starting my new employment in April. I will only receive my salary and paid holidays benefits at the end of April due to the manner my company's payroll system works. I just wanted to check if the would cause any visa issues (i.e. would a salary payment after my visa termination cause any issues?)

Thanks

A piece of advice. Don't resign until you have your new visa approved.