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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 530
Experience:  Expert in Immigration and family law
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My friend that I am sponsoring who is coming over from a

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My friend that I am sponsoring who is coming over from a commonwealth country; Fiji to join the british army has had his visa rejected twice. The first time he did not read and went over the dates
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: The second time he submitted but he was still employed. He resigned whilst his visa was being processed and he received a decison letter back but now unemployed. He has had a rejection but it states that he can apply again. Would this go against him if he applied again? But this time not having any financial ties with his home country. His work could not offer him the time off as he needed.
JA: Have you talked to a lawyer about the visa?
Customer: I am British and live in the UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all for now, thank you
Customer: replied 8 days ago.
File attached (T1TQGLS)

Good afternoon, he would be able to re apply for visit visa but he would have to address the reasons for previous refusal and show evidence he has ties to country of origin before reapplying.

Customer: replied 8 days ago.
This is the response for the second visa submitted and refused. As stated he is now unemployed due to him submitting his resignation letter as he thought that his visa would be successful. Obviously this was not the case.

When making an application they can check with the employer therefore if in employment this should stay the status whilst application is pending.

Customer: replied 8 days ago.
If he applied again with these new changes, could this go against him? He is worried about this. He is unable to retract his resignation as he too has been having problems with where he works

It would be better when in a new employment to apply as he has already resigned from previous employment.

Customer: replied 8 days ago.
He lives in Fiji. He has many cousins who applied the same time as him. They were unemployed but had savings. He has savings just as them but was employed. They got accepted because by the sounds of things they had no financial ties for Fiji. He is required to take at least 4-5 months. I am able to financially support him. This seem to have been verified etc and not a problem. It seems that if he is working he will not be granted leave in the jobs he does.
Customer: replied 8 days ago.
He has a letter from the Army for his assessment. However, this was not listened too. I mean what is he meant to do going forward?
Customer: replied 8 days ago.
Especially, when he cannot have the holiday leave requested from any place of work for that time period?

From the refusal if he can show he has ties on country of origin then it will be fine to re apply. The home office look for things such as property, employment etc. Please note that every case is different therefore different caseworker will deal with a case therefore it may not be the same as someone who was previously granted.

Customer: replied 8 days ago.
Ok. He is 27 and lives at home with his family. Twice he was refused due to him not being able to have leave. He was born in Fiji. Has a passport. Obviously, he has worked before. But, now he is unemployed. What does it mean by him having ties. I have read over and over section v 4.2...but I cannot make sense of this.
Customer: replied 8 days ago.
He will be in the same predicament though. No jobs over there will hold his job position for 4-5 months.

Ties means that he has something to go back to in Fiji.

If he lives at home with family and does not have a job he should get a letter from parents with copies of there passports that he would be coming to the U.K. for an informal visit and would be returning back.

Customer: replied 8 days ago.
Only ties that he has is his family? I am sure if he is unsuccessful in the army assessment he will return. I will be his sponsor and I will ensure that happens. I mean, could that be something I could add to my sponsor letter? I am a nurse and I am trying to help him out, as he is like a little brother to me, by giving him an opportunity to attend this army assessment.
Customer: replied 8 days ago.
In this letter from his parents, what exactly would need to be stated, please?
Customer: replied 8 days ago.
What if the parents do not hold a passport. Would another form of Identification be good enough?

Driving license, identity card or any ID with their picture on.

Customer: replied 8 days ago.
OK. Can you please advise me about what needs to be stated within this letter from his parents?

The letter would need to address that there son is currently living with them and the reasons he will be traveling to U.K. for visit. Also if his name is ***** ***** documents for family home this should be provided.

Customer: replied 8 days ago.
Can you please advise what other document can be used to show financial ties in Fiji?

Like if his names on the property from family home whether they receive any money for that this is usually good evidence.

Customer: replied 8 days ago.
They rent the property
Customer: replied 8 days ago.
He does pay the landlord for the rent
Customer: replied 8 days ago.
Would that be sufficient information if he is able to obtain a letter from the landlord?

Then he should show this as evidence. Tenancy agreement and letter from the landlord.

Customer: replied 8 days ago.
Would it matter if his parents are on there too?

That’s fine but it will show he has ties in his country of origin.

Customer: replied 8 days ago.
Can I please ask what else could he provide aswell as this? Like stated he is unemployed. This will be his 3rd application. He wants to come over for his army assessment.

If he is in studies this would also help.

This would also show ties as he is unemployed.

That was main focus of the refusal so I have mentioned above all the things he can get to show evidence of ties

Customer: replied 8 days ago.
if he enrolls on a course with all the details of him potentially starting could help? If he does this, and say the course is to start April 2021, would that be accepted provided he can show evidence of this?

Yes it would be accepted if he can show evidence of the course.

Customer: replied 6 days ago.
Hello

Good morning

Customer: replied 6 days ago.
Following this conversation my friend stated he was able to retract his resignation letter. He also stated after speaking to HR they have grated him the authorise leave and them staying he has his job to come back too after his assessment has been completed
Customer: replied 6 days ago.
REASONS FOR REFUSAL NRA v 1.0
You have applied for a visa to visit the UK.
In deciding whether you meet the requirements of Appendix V: of the Immigration Rules for
visitors (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-
rules), I have considered:
 your application and any additional relevant information you have provided with it
 your immigration history
The decision
I have refused your application for a visit visa because I am not satisfied that you meet the
requirements of paragraph(s) 4.2 of Appendix V: Immigration Rules for Visitors because:
You have applied for leave to enter to visit the UK for 5 months to attend the British Army
assessment.
You state that you are employed as a Machinist with Vinod Patel and CO Pte Ltd earning
1316.25FJD (£471.12 www.oanda.com 05/10/2020) per month. I note your previous
application dated 23/07/2020. I further acknowledge receipt of your employment letter from
Vinod Patel and CO Pte Ltd dated 23/09/2020 confirming your employment since 03rd
February 2020, however this still does not acknowledge your employer’s is aware of your
extension leave from your employment and I further note that this has not been authorised to
cover this period of leave. The documents you have provided have not addressed the
previous concerns raised.
I am not satisfied as to your intentions for visiting the UK, that you are a genuine visitor or
that you will leave at the end of the period specified by you. I therefore refuse your
application under paragraph 4.2 (a) and (c) of Appendix V of the United Kingdom
Immigration Rules
Customer: replied 6 days ago.
This was his response for his refusal

Then this will work in his favour when reapplying which is good. You previously sent the refusal and we addressed it before.

Customer: replied 6 days ago.
Dear immigration UKVISASThis is to notify you that Vinod Patel and Co Pte Ltd. is aware of Lyndon Graeme Andrea Navelinikoro Hill upcoming visit to England, United Kingdom for an army assessment. We are please to authorise the necessary annual leave that he requires in order for him to attend this assessment. It has been agreed with Vinod Patel and Co Pte Ltd and Mr. Hill that he, will be returning back to his job role as a Machinist once he has completed his army assessment.Yours Sincerely
Customer: replied 6 days ago.
This is the contents of the letter
Customer: replied 6 days ago.
With him applying again, could this go against him and be seen as a serial refusal?

They would need to add the dates they have authorised him to leave for and his current role with employment and salary.

He will not be refused if he can justify his previous refusals and rectified it this time as we previously discussed.

Customer: replied 6 days ago.
Dates for him to leave Fiji for? Do they need to add a return date or can they state as in line with the assessment letter from the Army and within the 6 months visa?
Customer: replied 6 days ago.
OK thank you

The employer should add the dates they are authorising leave for and return date and yes it should be in line with how long he will be at the army assessment for. Glad to be of assistance today.

Customer: replied 6 days ago.
Can I please ask, if he is granted 1 month but he has applied for a 6 months visa. Would he only be able to stay for that 1 month or would he be able to stay for the remaining 4-5 months? I do not quite understand that process?
Customer: replied 6 days ago.
His army assessment may change. What would happen then?
Customer: replied 6 days ago.
Whilst he says is in the UK?

He should stay for the time granted by employer as if he stays longer then next time he applies for visit they can refuse on the basis he stayed longer than he declared he would.

Customer: replied 6 days ago.
sorry, that makes no sense.
Can you please advise, on what would he do, if his dates changed when he comes to the UK for his army assessment? But he has only 1 month leave with his employer?

When making application you have to stick to the dates you have applied for.

If you could please kindly accept the answer on right hand of screen so I can be credited for my time today with you and give 5 stars positive rating this will be appreciated. Kind regards

LawyerAk and 2 other Immigration Law Specialists are ready to help you
Customer: replied 5 days ago.
Good morningI am sorry to ask again, but when you say stick to the dates you applied for. Are you referring to the previous application dates? Are you referring to the dates stated on the letter from the employer?

Good morning, for clarification, for this application the dates you are planning to be out of your home country for these dates should be the same as holiday requested from employer.

Customer: replied 4 days ago.
OK that is noted. So, as he may need 5 months in total, as his assessment date may change... Could the employer stipulate within their letter to the UK visas something like... They are authorising 1 months annual leave as discussed with our employee, but we also authorise an additional 4 months if employee requires this due to any other extenuating circumstances that he may face.Could the employers state something like this?My friend had initially requested 5 months on his his previous application visa forms(2) So, to support what he has written so it is not conflicting information and the immigration does not think his intentions are honest, could this help with this, going forward?

They would need to authorise the full 5 months so the information from previous application would not be conflicting.

Customer: replied 4 days ago.
How would that need to be worded please? What I have previously written would that not be sufficient?

No they would need to state that I authorise ......... 5 months leave to visit the U.K. for the army assessment.

Customer: replied 4 days ago.
to clarify the previously written statement... Would be a big no?Could the employer stipulate within their letter to the UK visas something like... They are authorising 1 months annual leave as discussed with our employee, but we also authorise an additional 4 months if employee requires this due to any other extenuating circumstances that he may face.

Yes that’s correct because they are not stating the fact the reason he would be away for that time period as he knows he would be away for the army assessment.

Customer: replied 4 days ago.
Oh OK. So, just to clarify even though he has a letter from the Army which states that he needs to be within the UK 21 days before his assessment and his assessment days is only for 2 days, it wouldn't go against him if his work puts the 5 months annual leave to support his application?

His work would also need to state the same otherwise the home office will wonder why he has not been improved from work.

Customer: replied 4 days ago.
Apologies I don't quite understand your answer, please can you elaborate. Apologies if I am repeating myself but I need to get this correct in order for me to advise his work, so they understand too.

For clarification, the employer would need to clearly state the dates he will be away for.

Customer: replied 4 days ago.
Hello again, I have explained to my friends employer what is needed within his employment letter as advised from earlier. This is the letter that they put together. Can you please advise if this is sufficient.Employment confirmation letter: Mr. Lyndon Graeme Andrea Navelinikoro HillThis is to certify the above person is an employee of Vinod Patel and Co. Pte Limited, the employment details are as follows:
Designation: Machinist
Start Date: 03rd February 2020
Gross Salary: FJD 15,795.00 AnnuallyVinod Patel and Co Pte Limited is aware that Lyndon Graeme Andrea Navelinikoro Hill, wishes to take leave in order to attend his assessment for the British Army in the England, United Kingdom. After careful consideration in our meeting with our employee, a decision was made with him on the 23rd September 2020, of when he is to return to work. Vinod Patel and Co. Pte Limited authorises Mr. Lydon Graeme Andrea Navelinikoro Hill, 5 months leave to visit the United Kingdom for his British Army assessment.Mr. Lyndon Graeme Andrea Navelinikoro Hill brought to our attention of the second refusal letter that he received, dated the 05th October 2020. The employment letter that was printed to go with his second application documentation which was submitted on the 01st October 2020, was sent in error and we do apologies for this.
The dates for his leave originally granted on the 23rd September 2020, was from the 10th October 2020 to 10th March 2021. However, these dates have been revised and agreed between Vinod Patel and Co Pte Limited and Mr. Lyndon Graeme Andrea Navelinikoro Hill on the 19th October 2020. Vinod Patel and Co Pte Limited authorises the leave period from 02nd November 2020 to 02nd April 2021. Mr. Lyndon Graeme Andrea Navelinikoro Hill will return to his job role as a Machinist, at Vinod Patel and Co Pte Limited on the 03rd April 2021.
If you have any queries with the information provided, then please do not hesitate to contact Vinod Patel and Co Pte Limited on the number listed within this letter.Yours Sincerely

Yes this letter will be good to submit as it addresses the previous refusal. Kind regards

Customer: replied 4 days ago.
Thank you. In your previous message to me you stated that it does not state his intentions for his visit I. E. To do his army assessment. But in the proposed letter it states the reason for his visit. Can you please advise me whether or not his employment letter should state that he will be attending the army assessment? Is that letter sufficient Or should it just state that they are authorising him the 5 months leave?
For clarification the letter should add a line regarding army assessment and ifs already added about the 5 months as they have stated from November 2020 till April 2021
Customer: replied 4 days ago.
is this letter as an example OK? A date needs to be added, not just month and year?Employment confirmation letter: Mr. Lyndon Graeme Andrea Navelinikoro HillThis is to certify the above person is an employee of Vinod Patel and Co. Pte Limited, the employment details are as follows:
Designation: Machinist
Start Date: 03rd February 2020
Gross Salary: FJD 15,795.00 AnnuallyVinod Patel and Co Pte Limited is aware that Lyndon Graeme Andrea Navelinikoro Hill, wishes to take leave in order to attend his assessment for the British Army in the England, United Kingdom. After careful consideration in our meeting with our employee, a decision was made with him on the 23rd September 2020, of when he is to return to work. Vinod Patel and Co. Pte Limited authorises Mr. Lydon Graeme Andrea Navelinikoro Hill, 5 months leave to visit the United Kingdom for his British Army assessment.Mr. Lyndon Graeme Andrea Navelinikoro Hill brought to our attention of the second refusal letter that he received, dated the 05th October 2020. The employment letter that was printed to go with his second application documentation which was submitted on the 01st October 2020, was sent in error and we do apologies for this.
The dates for his leave originally granted on the 23rd September 2020, was from the 10th October 2020 to 10th March 2021. However, these dates have been revised and agreed between Vinod Patel and Co Pte Limited and Mr. Lyndon Graeme Andrea Navelinikoro Hill on the 19th October 2020. Vinod Patel and Co Pte Limited authorises the leave period from 02nd November 2020 to 02nd April 2021. Mr. Lyndon Graeme Andrea Navelinikoro Hill will return to his job role as a Machinist, at Vinod Patel and Co Pte Limited on the 03rd April 2021.
If you have any queries with the information provided, then please do not hesitate to contact Vinod Patel and Co Pte Limited on the number listed within this letter.Yours Sincerely
this letter is much better.
Customer: replied 3 days ago.
Hello thereSo my friends workplace has now said they are unable to provide this letter. However, they have granted 1 month unpaid leave from 01.11.2020 to 30.11.2020. However, he put down 5 months on his previous application form. Can you please advise of what could he state on his visa form please?

The time he has been granted off from work should be the same with army assessment and application form. He may have to look at a shorter time in uk otherwise this can cause refusal again if employer is not authorising for that time period.

Customer: replied 3 days ago.
this is what they have written.UK Visas and Immigration
VFS Global Services
Fiji Pty Ltd
Level 5
Tapoo City
Suva
FijiEmployment confirmation letter: Mr. Lyndon Graeme Andrea Navelinikoro HillThis is to certify the above person is an employee of Vinod Patel and Co. Pte Limited, the employment details are as follows:
Designation: Machinist
Start Date: 03rd February 2020
Gross Salary: FJD 15,795.00 AnnuallyVinod Patel and Co Pte Limited is aware that Lyndon Graeme Andrea Navelinikoro Hill, wishes to take leave in order to attend his assessment for the British Army in England, United Kingdom. After careful consideration in our meeting with our employee, a decision was made with him on the 23rd September 2020, of when he is to return to work. Vinod Patel and Co. Pte Limited authorises Mr. Lydon Graeme Andrea Navelinikoro Hill, 5 months leave to visit the United Kingdom for his British Army assessment.Mr. Lyndon Graeme Andrea Navelinikoro Hill brought to our attention of the second refusal letter that he received, dated the 05th October 2020. The employment letter that was printed to go with his second application documentation which was submitted on the 01st October 2020, was sent in error and we do apologies for this.
The dates for his leave originally granted on the 23rd September 2020, was from the 10th October 2020 to 10th March 2021. However, these dates have been revised and as agreed between Vinod Patel and Co Pte Limited and Mr. Lyndon Graeme Andrea Navelinikoro Hill on the 19th October 2020. Vinod Patel and Co Pte Limited authorises the leave period from 02nd November 2020 to 02nd April 2021. Mr. Lyndon Graeme Andrea Navelinikoro Hill will return to his job role as a Machinist, at Vinod Patel and Co Pte Limited on the 03rd April 2021.
If you have any queries with the information provided, then please do not hesitate to contact Vinod Patel and Co Pte Limited on the number listed within this letter.Yours Sincerely
Customer: replied 3 days ago.
Apologies not this

So this is not the the correct letter?

Customer: replied 3 days ago.
Dear Sir/Madam,
Re: Visa Application
This is to certify the Mr. Lyndon Graeme Andrea. Navelinikoro. Hill is a permanent employee of Vinod
Patel & Co. Pte Limited (VPCL). Mr Hill’s employment details are as follows:
Designation: Timber Yard - Machinist
Start Date: 03/02/2020
We certify that the information above is accurate. We understand that Mr. Lyn***** ***** intends to
travel to UK, England to attend his Army assessment for British Army and have agreed that he will
proceed with Leave Without Pay from 01st November 2020 to 30th November 2020 for this purpose.
He will resume duties with VPCL if he returns within that period.
We look forward to your consideration of his visa application.
Please feel free to contact the undersigned via***@******.*** if you require further
information/confirmation.
Yours Sincerely
Vinod Patel & Co Pte Ltd
Latileta Qoro
Group Manager HR, Governance & Corporate Affairs
Customer: replied 3 days ago.
This is the authorising letter that they have done however, this is going to change as he is not in the UK 21 days before
Customer: replied 3 days ago.
As stipulated on the army letter for his assessment

They are not saying they are agreeing for the 5 months.

Customer: replied 3 days ago.
Exactly. They intially did, but now they retracted this and made that letter instead. I mean how or what is he now meant to say on his visa form. Would he not look as he is not a genuine visitor?

As previously advised the application can be refused with this second letter they have given.

Customer: replied 3 days ago.
OK, it covers the army assessment dates but not the whole 5 months. Could he not explain this to the immigration officers?
Customer: replied 3 days ago.
Is there any way apart from a letter that this can be fixed?

Because of his previous refusal his employment would need to be in support of the dates he will be in U.K. because the home office can do checks whether they agree to this.

Customer: replied 3 days ago.
OK. So the dates would need to match what he had originally stated in the first application, even though the dates have been and gone? Sorry this confuses me so much!
Customer: replied 3 days ago.
Or is this matching 5 months of new up to dates?

Would you like a phone conversation so I can explain to you if you are confused?

Customer: replied 3 days ago.
I would but I am currently on call. I am able to message. I need to learn fast as we have another meeting at 10pm with his boss in Fiji��

As previously mentioned the employer clearly needs to state how long they will be allowing him to visit the U.K. for this time.

So if visiting for 5 months it should be 5 months not 1 month.

Customer: replied 3 days ago.
Would this be for this new application and not the previous application.on the last application he got confused and put down how long he wanted his visa for to be in the U. K for. But, he confused himself. However, he has got a letter from his work for 1 month only. From my understanding up to date, if he submitted this his application would be refused based on the conflicting information. Is that true?
Customer: replied 3 days ago.
on this next application he puts down for 1 month only as stated by his employer?

If he puts only 1 month it would conflict the other application unless the army have reduced the army assessment time then it would be fine if not it should state the 5 months.

Customer: replied 3 days ago.
I am pleased to inform you that you have now passed initial medical screening and can now be
booked to the assessment centre.
The assessment dates you have been allocated is 06/11/2020 to 07/11/2020
The location of this event is: AC Lichfield
It is now your responsibility to book a flight to the United Kingdom (UK) and obtain your Entry
Stamp. Before you travel, you must send us your flight details, showing that you have booked a
RETURN flight. If you do not send us your details or book a return flight, we will cancel your
assessment and notify UK Visa & Immigration you are not expected to attend the assessment.
It is important that you arrive in the UK ready to pass the Assessment. You must arrive in the
UK a minimum of 21 days before your assessment due to the recent outbreak of the
Coronavirus and to help you acclimatise.
Customer: replied 3 days ago.
This is what the assessment letter states from The army

The letter says assessment dates are for 1 day but he must arrive 21 prior. Where did he get the 5 months from?

Customer: replied 3 days ago.
But, I think intially he was advise to put down how long he needed the visa for, I think they thought about the possibility of the assessment date changing, if this makes sense. However, he still needs to be in the UK 21 days before.

Yes as per what they have written it would be 1 month he would be away for.

Customer: replied 3 days ago.
This is what I'm saying, he was advised by the British legion over in Fiji that he puts down 5 months and not the 1 month only. But, now these dates will now change as he is not in the UK 21 days before. He can however, obtain another date for January 2021, but he wants to apply for this for now to plan ahead

The home office go with what is written through evidence therefore it’s needs to be very clearly whether it’s 1 month or 5 months.

Customer: replied 3 days ago.
if required once he is over here and if the assessment dates changes for whatever reason here in England, what does he do then? This is so complicated this whole process. If the company can offer say a further 2 months aswell as the 1 month to help with any last minute changes from the Army and puts this in their letter, would this stand with the home office?

On a visit visa the home office would have to be advised of the dates prior to this.

Customer: replied 3 days ago.
Understood, but what if he does not know this until last minute, then what would he do?
Customer: replied 3 days ago.
Is there another visa he would need to apply for other than the visitor "other" visa?

He should make these enquires beforehand submitting a visa. If he is coming for work purposes then the army should sponsor him for a tier 2 working visa but it seems it’s an assessment day so they are unlikely to do so.

Customer: replied 3 days ago.
he should have. He did ask for advise but, it's a little bit too late. He needs solution :-
Customer: replied 3 days ago.
I believe that this will occur once he as passed his assessment date.

I have advised as to what needs to be done he will have to ensure the time he saying he is travelling to U.K. should match the evidence. Take care

Customer: replied 2 days ago.
OK thanks. Is that as long as it matches the time that he is away from work and that he has a job to come back too as per letter from the home office?

Yes that’s correct.

Customer: replied 2 days ago.
On his previous application form he put down 5 months, he said he confused himself when filling out the application form. But, now he knows this should be the duration of when he is to attend his army assessment.
Customer: replied 2 days ago.
Does this matter
Customer: replied 2 days ago.
Also, if his dates changed for his army assessment could he apply for an extension as long as he can get another letter from Jo's work to extend?
Customer: replied 2 days ago.
His* work

As previously advised the time period would be how long he has been authorised to come down for the army assessment

When you apply for visit visa you cannot do an extension he would need to reapply in home country for another One.

Customer: replied 2 days ago.
https://www.gov.uk/standard-visitor-visa/extend-your-visa#:~:text=You%20may%20be%20able%20to,it%20for%203%20more%20months.&text=You%20should%20apply%20before%20your%20current%20visa%20expires.What does it mean by this please?

As per the rules this type of extension is for medical factors and academic studies.

Customer: replied 2 day ago.
OK. Understood. So, he has 3 months from work granted. This is to allow him to travel to the UK. Attend his assessment and time if his assessment got re scheduled and time to return home. Would this be OK to put when he explains why he has the time? He will miss the original assessment dates. The next one is in January which he will be able to attend.
Customer: replied 2 day ago.
Please can you advise on how he can word his application? The reason for his visit and the 3 months granted by his work

If he has now been granted 3 months and the army assessment is for this period that is fine. Wording “I shall be attending the U.K. for an informal visit from ........ to ..........for my army assessment after this period I shall return back to Fiji”

Customer: replied 2 day ago.
Thank you. My friend had applied for another job at the end of Sept. He had a response yesterday offering him a job. Can this job offer letter be used to support his visa application as evidence showing that he will be returning back to Fiji as well?

Yes he can use both jobs at ties in Fiji

Customer: replied 2 day ago.
He will be granted leave from the 1st Nov-1st Jan. But he is not to start the other job until the end of February. Can you please advise how he is meant to word this? Please?
Customer: replied 2 day ago.
The new job is aware of him coming to England for his assessment. Do they need to put this in the job letter of offer and starting date too?

Yes they should add to job offer letter. The wording used from what I previously mentioned above he should use this as guidance and add he will be starting a new job ............ with on.