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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hello, I am currently on a tier 2 (General) visa with a CoS

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I am currently on a tier 2 (General) visa with a CoS from my current employer, which is valid till the end of next year. I have received an offer from another company and they are renewing their sponsorship license in order to sponsor me.
The new company believes that I can give notice to my current employer (1 month) and start with the new employer while they do the sponsorship process. Is this true?
This is incorrect. You must get your new Tier 2 General visa approved BEFORE you can start working for them.

Firstly, they should be aware that they will still need to undertake a Labour Market Test - the old rules where you did not need to advertise if the role was the same as the one for which you were originally sponsored no longer apply. This of course does not apply if your role is on the Shortage Occupation List.

There is an excellent Priority Service available now that would usually get a decision within a couple of weeks at the most. This is cheaper than the same-day service, although the same-day service is still available if required. My preference is to use the Priority Service as it is available at shorter notice and is cheaper, whilst only taking about 1 week longer to process.
Customer: replied 4 years ago.

Thanks! Does that mean I can only give notice to my current employer after I have received a new biometric residence permit (or my application has been approved)? In other words, when is the earliest I can give notice to my current employer?

If the employer has issued the CoS correctly (very often not) and your visa application is correctly presented - in other words you are confident of approval - then you can give notice as soon as you are accepted onto the Priority Service service.

The point to remember is that your current CoS and visa are terminated once employment ceases (end of notice period) and you should usually ensure that you submit a new application before your visa expires where possible and certainly within 28 days of your visa ceasing. Also make sure that the CoS start date is appropriate.
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