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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I hold Tier 2 general visa in the UK(sponsored by my current

Resolved Question:

I hold Tier 2 general visa in the UK(sponsored by my current employer). This expires in Feb 2015. I hav a new job offer in the UK and the new employer has issued a certificate of sponsorship for my change in employment. I attended same day visa service on 28/03/2014 for my Tier 2 genrl visa appointment (for change of employment) and have been issued an approval letter on the same day. Letter also says that I should receive my BRP card in 7 working days(from 28/03/2014). I resigned from my current job after I received my visa approval letter believing it would be safe enough to do so. My last working day for my present employer is on 08/04/2014(coming Tuesday) and I have not yet received my BRP card. I am worried because I wish to get my BRP card before my last working day (08/04/2014) just to be on safe side. Could you please advise if the approval letter from UKBA surely means my visa is confirmed, and it is safe enough to end my present employment upon receiving visa approval letter?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I would refer you to paragraph 202 of the Tier 2 guidance which provides that

"It is recommended that you do not commence employment until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree to commence the employment before you have your BRP both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by us. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship, provided your previous leave has not expired."

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261410/tier2-guidance.pdf

The above explanation is self explanatory.

Hope this helps


Customer: replied 3 years ago.

Thanks for pointing this out to me. The start date for my new job is not agreed yet and will only be confirmed when I receive my BRP. I resigned now so I could take some time off between the two jobs. Clearly I cannot start the new job before I get my BRP, however could you please advise what does 'BRP card is incorrect or withdrawn by us' mean in the above quoted para? In what cases could UKBA withdraw a BRP after issuing the approval letter that I have received?

Expert:  UKSolicitorJA replied 3 years ago.
The biometric residence permit may have been issued in error, or contains incorrect information, or is withdrawn by the Home Office if issued in error or because of deception etc.

The BRP is the actual evidence of your right to work, not the approval letter.

Hope this clarifies.
Customer: replied 3 years ago.

Thanks for your response.


 


So in case if the information details in the visa application was valid as per the grant rules, and consistent with the information on the basis of which the approval letter was issued, I should remain assured that my BRP would be issued and be delivered. is this correct?


 


Also, could you please advise on any ways to track where in the post my BRP would be now?

Expert:  UKSolicitorJA replied 3 years ago.
Yes correct.

You may track the BRP by sending an email to [email protected]

If you do not receive it within 10 working days of your visa approval letter.

All the best
Customer: replied 3 years ago.

So there is no way to track the delivery status of my BRP right now. is this correct? If so, I can only wait until the 10 day time span finishes before inquiring about my BRP Is this correct in your opinion?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, correct.

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