New employer retract job offer after visa granted

[cocopoporo]

Hi everyone,

I am in a very complicated situation between jobs now.

I am currently working for company A on a Tier 2 visa and have received a new job offer from company B. I have obtained Skilled Worker Visa approval and signed the contract with company B.

As I have a 4 week notice for company A, and my start date with company B is exactly 4 weeks from now, I have handed in my notice and resigned from company A right after I signed the contract.

However very unfortunately a few hours after resigning, I was informed by company B that they may delay the need to hire me and advised me to go back to company A for the time being until they are ready to hire me.

While no decisions have been made by company B on when/whether they are hiring me, I have two questions so that I can prepare myself in advance:

1) From what I have gathered online, once you obtain visa approval from your new employer, your current visa will be invalidated and you can only continue working with your old employer until the end of your notice period. Is that true? I was thinking if it is possible for me to ask company A to continue sponsoring me and regard my resignation as void.

2) If I can't cancel my resignation, can I extend my notice period to be longer (assuming company A is okay with it) which would give me more time to find a new job in case it doesn't work out with company B?

Thank you in advance.

[manci]

From what I have gathered online, once you obtain visa approval from your new employer, your current visa will be invalidated and you can only continue working with your old employer until the end of your notice period. Is that true?

Yes, that is correct

I was thinking if it is possible for me to ask company A to continue sponsoring me and regard my resignation as void.

Company A can only sponsor you if they assign a new CoS to you and then you'll the have to apply for a new visa

If I can't cancel my resignation, can I extend my notice period to be longer (assuming company A is okay with it) which would give me more time to find a new job in case it doesn't work out with company B?

This may be possible for a limited time but requires cooperation and action by both company A and B,

In the medium term, if you don't succeed with either company note the following:

At present company B is sponsoring you but they can end the sponsorship at any time and inform the Home Office accordingly. If that happens the HO will curtail your leave to 60 days counted from the curtailment decision, not from the date they have been informed of the end of your sponsorship. There are usually delays issuing curtailment letters, so you'll have a minimum of 2 months to find a new job and sponsorship and possibly quite a bit longer.

Look at your signed employment contract with company B re. the provisions in case of termination by the company but that is not an immigration issue.