Tier-2 BRP long delay and Employers Verification Check

[BenAbd]

Hello All

I have used this forum for years for guidance and finally I am in a situation where I have hit a wall regarding what the course of action should be in my situation. While the questions might be straightforward I think the background will benefit other applicants in similar situation. So..
I came to the UK as a restricted Tier-2 General PBS migrant in May of 2015. Everything was smooth sailing till January of 2018 when I decided to change my employers. This was for a blue-chip company offering a Tier-2 shortage-occupation job. The name is biggest in UK for my field plus with all expenses paid - offer was too good to refuse. This company used the services of one of the well-known immigration law firms. I had warm and fuzzy feels right from the outset. Employer and I agreed on a comfortably distant start date to include notice period with current employer and applied with a 10 day priority postal service. The timeline of all events is as such:

Type of application: Extending to Tier-2 Shortage Occupation
If switching, category changing (switching) from : Tier-2 restricted
Date of expiry of current leave: 15/04/2020
Number of dependants applying at same time: 0
Date application posted: Online submission 06/02/2018
Date application received at UKBA: 06/02/2018
Date payment debited: 06/02/2018
Payment mode : credit card
Acknowledgement letter received: N/A
Biometric letter received: 06/02/2018 ONLINE
Date of biometrics enrolment: 06/02/2018
Date of approval: 13/02/2018
Date of return of passport and other documents: cir. 15/02/2018 (to the solicitor)
Date (new) leave to remain valid from: 19/03/2018 (agreed start date with new employer)
Date (new) leave to remain till: 01/04/2021
Date BRP Received: Awaiting (as of 05/04/2018)
So as above, the approval came very swiftly along with documents but BRP never arrived. The employer will not let me start as I still need security clearance which requires me having a proper work permit (i.e. BRP). Now, it has been over 1.5 months where BRP is playing ping-pong between my solicitor, employer and UKVI (due to BRP handling company being new as per what I have been told). A month ago my employer suggested doing an Employers verification check but solicitor advised to hold off on it. After couple of attempts by my solicitor with UKVI I was told last week that the card was returned to priority postal team and gone into backlogged returned cards redelivery. There is no indicative time on when will they deliver but they have everything they need. But 2 days back my solicitor told me that he has asked my employer to do an EVC check to allow me to start. I am dumbfounded now… Questions..

1. Can an EVC be done while awaiting delayed BRP (not declared lost yet). I ask as the only option my employer can use on that website is if there is ongoing application and technically, it isn’t ongoing, it is approved (in my opinion)
2. Could my new employer have done the EVC a month ago when first 10 days from approval lapsed?
3. Other than the risk of mistakes on BRP and potential statutory excuse issue, could the approval letter on Home Office letterhead not be used as evidence to commence work?
4. Since I am unemployed for 3 weeks now and will be another week or two; what is my position with the employer? i.e. am I not technically employed as COS has been issued and visa granted? I ask this because I cannot rent accommodation as it requires employers referencing (I have a good hunch that I am not but need some input)
5. Since the communication from my solicitor is very scarce and brief, what are my options individually to chase the BRP?

Thanks and apologies if moderators believe that query is in a misplaced forum topic.

[freeadvisory]

Has your BRP Arrived now.