Change of Employment - Notice Period

[Expat2009]

Hi all,

I have just received my new BRP after my Change of Employment application was successful. I handed in my notice yesterday. Unfortunately, I received the visa a little later than expected, which means I cannot complete my full notice period of 4 weeks. My employer insists that I complete my 4 weeks notice period (compare to 2 weeks 2 days I am giving them due to the delay).

My new employer would be okay to push the start date back, but my concern is that I will not be eligible to work for my current (soon to be ex.) employer starting/after the date mentioned on the CoS as my visa sponsor would change at this point?

I don't know implications of breaching my contract i.e. not enough notice period, but I certainly don't want to complete the notice period without having the correct work permit. I presume the employer would have some legal accountability too?

I am essentially seeking advise that allows me to get out of this please.

Regards,
Expat2009

[UKLL]

Hi all,

I have just received my new BRP after my Change of Employment application was successful. I handed in my notice yesterday. Unfortunately, I received the visa a little later than expected, which means I cannot complete my full notice period of 4 weeks. My employer insists that I complete my 4 weeks notice period (compare to 2 weeks 2 days I am giving them due to the delay).

My new employer would be okay to push the start date back, but my concern is that I will not be eligible to work for my current (soon to be ex.) employer starting/after the date mentioned on the CoS as my visa sponsor would change at this point?

I don't know implications of breaching my contract i.e. not enough notice period, but I certainly don't want to complete the notice period without having the correct work permit. I presume the employer would have some legal accountability too?

I am essentially seeking advise that allows me to get out of this please.

Regards,
Expat2009

If your current employer continues to use you after the state date of your new visa, they will have breached the terms and conditions of the Tier 2 rules and it will not be good on them. Your line manager may not be familiar with the immigration rules and thinks it's OK when it's not. Best thing is to speak to the HR and ask your HR to explain to your line manager.

The only implication for not serving your full notice period is that you may not have a good reference in the future, nothing else really