Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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Xian25
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by Xian25 » Sat Jun 14, 2014 8:07 am
Hi
I would like to ask what do you mean by free text box in the SMS sponsor help document in your website. Apparently my sponsor issue me a Cos for tier 2 general -extension . I'm still working in the same position and same soc code but my question is they put marketing manager in the job title and the job type is the correct soc code which is 1132 marketing sales and director . Would it be wrong if they put Marketing Manager in the Job title? Please enlighten also if they can amend it though it has been assigned.
Also my visa is expiring in 15 December 2014. In my previous Cos Their end date is on 01 December 2014 and with my new issued Cos the start date is 02 Dec 2014 is that correct please enlighten.
Looking forward to hear from you soon before I lodge my documents.
Regards
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manci
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by manci » Sun Jun 15, 2014 8:14 am
Xian25 wrote:Hi
I would like to ask what do you mean by free text box in the SMS sponsor help document in your website. Apparently my sponsor issue me a Cos for tier 2 general -extension .
They either assigned the CoS or they haven't. If they have get a printout,
I'm still working in the same position and same soc code but my question is they put marketing manager in the job title and the job type is the correct soc code which is 1132 marketing sales and director . Would it be wrong if they put Marketing Manager in the Job title? Please enlighten also if they can amend it though it has been assigned.
the job title is not an issue provided the SOC code, job description and salary are correct
Also my visa is expiring in 15 December 2014. In my previous Cos Their end date is on 01 December 2014 and with my new issued Cos the start date is 02 Dec 2014 is that correct please enlighten.
There are two requirements and both must be met:
a) you have to apply within 3 months of the date of assignment of the CoS
b) you cannot apply more than 3 months before the work start date given in the CoS
Looking forward to hear from you soon before I lodge my documents.
Regards
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Xian25
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by Xian25 » Wed Jun 18, 2014 7:22 am
Hi Manci
Many thanks for your reply. Just confuse about the statement you cannot start work on the date of the start date on the Cos... What if it's tier 2 general extension is there any restriction on applying in advance? Like my case I am applying now but my visa is expiring on December. Would it mean I need to apply later ?
My sponsor added a Sponsor note on their system mentioning that my start date should be the following day in my Visa. Hope it will be ok. Please if you could give me more idea on this .
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manci
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by manci » Wed Jun 18, 2014 9:19 am
With a new CoS you can apply for an extension any time if you are otherwise eligible, don't have to wait until your current leave expires.
Your post is unclear as regards dates.
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Xian25
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by Xian25 » Wed Jun 18, 2014 10:58 am
Hi Manci
I appreciate your prompt response to my query.
What I mean about the start date and end date stated in the Cos . My sponsor put the following day date in my New cos (e.g: 02 dec 2014 start date and end date 2 dec 2017 . Then they stated in the sponsors note now : 17 dec 2014 start date which is the end date in my current visa. And the new end date is 17 dec 2017.
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manci
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by manci » Wed Jun 18, 2014 3:48 pm
do you have a question that hasn't already been answered?
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Xian25
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by Xian25 » Wed Jun 18, 2014 8:19 pm
Hi manci Do you know if the start date is the last day or following day in the visa to be noted in the cos? And also I'm a bit confused on the one that you mentioned about '
"b) you cannot apply more than 3 months before the work start date given in the CoS"
Can you please explain a bit more on this please .
If I apply now but my current leave is on December this year would it be affected by that statement you quoted?
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tier2applicant2
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by tier2applicant2 » Thu Jun 19, 2014 11:52 pm
In addtion to what Manci has mentioned.
Looking at your visa expiry date of 15 December, you can NOT apply for visa extension until 15 of September because of these two reasons from policy guidance for sponsors.
23.8 Once you have assigned a CoS, it can be used by the migrant you have assigned it to, to support their application at any time during the three month period from the date it was assigned. During this period a migrant can’t be assigned another CoS by any other sponsor. If the migrantdoes not use the CoS within this three month period to make an application, it will expire and will show as ‘expired’ in your SMS account. Please note, that a migrant cannot apply for Tier 2 or Tier 5 leave more than three months in advance of the start date stated on their CoS.
39.18 When you assign a CoS to extend a migrant’s leave in the same tier and category, the start date on the CoS should be the day after their current leave expires.
Basically if anyone is looking to extend their visa now they have to wait until 3 months of their visa expiry date to apply extension.
Please correct me if I am wrong.
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manci
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by manci » Fri Jun 20, 2014 8:06 am
tier2applicant2 wrote:
Basically if anyone is looking to extend their visa now they have to wait until 3 months of their visa expiry date to apply extension.
Please correct me if I am wrong.
in the normal course of events 39.18 will be followed. However, there is nothing in the rules to prevent a leave to remain application to be made any time during the period of extant leave provided the rules are followed:
There are two requirements and both must be met:
a) you have to apply within 3 months of the date of assignment of the CoS
b) you cannot apply more than 3 months before the work start date given in the CoS
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Xian25
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by Xian25 » Fri Jun 20, 2014 9:39 pm
manci wrote:tier2applicant2 wrote:
Basically if anyone is looking to extend their visa now they have to wait until 3 months of their visa expiry date to apply extension.
Please correct me if I am wrong.
in the normal course of events 39.18 will be followed. However, there is nothing in the rules to prevent a leave to remain application to be made any time during the period of extant leave provided the rules are followed:
There are two requirements and both must be met:
a) you have to apply within 3 months of the date of assignment of the CoS
b) you cannot apply more than 3 months before the work start date given in the CoS
Hi Manci
Would that be mean my start date in the COS is 16 December too advance ? because I'm applying more than 3 months??
That was in my coS because my visa is expiring in 15 December so my sponsor just follow the ones that says the start date must be the following day in the visa .
Still confuse
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manci
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by manci » Fri Jun 20, 2014 10:46 pm
if you don't follow the rules your application will be refused
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Xian25
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by Xian25 » Sat Jun 21, 2014 10:52 pm
Oh will that be mean that chances are my application will be refuse? Can I withdraw my application or shall I leave it to them until decided by ukba? In my case it is extension and I thought it's ok to apply in advance .
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Xian25
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by Xian25 » Fri Jul 18, 2014 8:30 am
Hi Manci
Refusal tier 2 extension
Hello Manci
Pls see attached file regarding my refusal
Can you please guide me in the process with this refusal pls.
When do you think is the best time to apply
My visa is expiring on 15 Dec 2014. The details of the refusal are the following:
>" your application was made more than 3 months before the start date of your proposed employment . "
>" as you have not provided a valid certificate of sponsorship reference number you do not qualify for the award of points for appropriate salary. As specified under Appendix A of the immig rules. Please note that the salary included on your Cos is not or above the appropriate rate for the job . From 6 April 2013 a new policy rates of pay for new entrants ang experienced workers within the the codes of practice was introduced and you may therefore wish to refer to this with any application in the future application ".
Appreciate your feedback on this post message .
God bless.
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Xian25
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by Xian25 » Fri Jul 18, 2014 8:32 am
Manci
At present my gross salary is £30k plus per annum .
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Frontier Mole
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by Frontier Mole » Fri Jul 18, 2014 8:43 am
Xian
Manci has provided excellent advise on this matter and has answered the question in regards to when you can apply already. I suggest you re-read the posts.
As for the salary requirement - we need to know the SOC code to answer that query.
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Xian25
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by Xian25 » Fri Jul 18, 2014 10:04 am
Frontier Mole wrote:Xian
Manci has provided excellent advise on this matter and has answered the question in regards to when you can apply already. I suggest you re-read the posts.
As for the salary requirement - we need to know the SOC code to answer that query.
Thank you Frontier Mole for the reply . Yes the soc code is 1132 Sales and Marketing Directors .
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Frontier Mole
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by Frontier Mole » Fri Jul 18, 2014 10:19 am
Salary would be £40700 to qualify as experienced so you would be a long way short of that requirement.based on current salary.
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Xian25
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by Xian25 » Sat Jul 19, 2014 6:05 pm
Thanks . Would that mean if I use the new entrant rate I will be refuse ?
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Frontier Mole
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by Frontier Mole » Mon Jul 21, 2014 12:06 am
The HO caseworker has already pointed to the fact you would be refused if you do not meet the experienced salary threshold.
Saying you were a new entrant is afalse statement that will get your employer and you into a situation that will be unpleasant.
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manci
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by manci » Mon Jul 21, 2014 7:36 am
one of the conditions of the new entrant rate is that it cannot be used for applying for a grant of leave that would extend the total stay in Tier 2 beyond 3 years and 1 month.