Pre lockdown, many Tier 2 employees may have been in the process of changing employment. Due to the lockdown, many have been unable to progress their application. This undoubtedly would be causing many anxiety and fear over their visa status.
The UKVI has now updated their COVID 19 guidance to state the following:
If you’re sponsoring an employee who’s waiting for their Tier 2 or 5 visa application to be decided Sponsors may allow employees to start work before their visa application has been decided if:
- sponsors have assigned them a CoS
- the employee submitted their visa application before their current visa expired
- the role they are employed in is the same as the one on their CoS
The sponsors reporting responsibilities will start from the date of employment, not from the date that their application is granted. If the employee’s application is eventually refused sponsors must terminate their employment.
This will be of some relief to those who were expecting to start new employment. Employment with the new sponsor on the agreed start date, as long as the above conditions are satisfied. Please note that biometrics do not have to have been enrolled.
If you require assistance with any of your immigration issues, please get it in touch with our experienced consultants on [email protected] or call us on 01403 801801.