Very Very Urgent..Huge misunderstanding in Tier2 (G)

[ronychy2010]

Dear Members,
I was almost submitting my visa application from PSW to T2(G) but found there might be a mistake. Please help me to get the correct information.
Im switching from Tier1 (PSW) to Tier2 (General) and my current leave will expire in 27 days.

q1) Is it required to have the job in the Shortage occupation list for me?
q2) Or it is enough to follow the code of practice job list only? totally confused between shortage occupation list and Standard code of practice.
q3) Once CoS is issued by the employer, can it be edit or amend? is there any way ?

Thanks a lot

[iworker]

1 NO
2 You can be assingned any job but the job should be at or above NVQ level 6.
3. they can not edit it, but they can add notes to it.

[ronychy2010]

Thanks guru for the reply. 2 more questions.

My job is in NFQ level 6, the only problem is that during the CoS application sponsor thought as i do not need RMLT and the form did not allow them to move forward without give a TICK mark in either shortage occupation list and RMTL. They gave tick mark on Shortage occupation list.
I understand that the sponsor note will be done internally in the Sponsor management system, will it produce any letter as like i have a pdf file for the initial CoS to submit with my application? . Sponsor can give me a supporting letter by admitting their mistake in Shortage occupation list. Will that be enough?
The major question is, in such mistake about shortage occupation list, can the sponsor note be enough? someone said only minor mistakes can have sponsor note.

thanks in advance.

[manci]

when assigning your CoS the sponsor ignored the guidance:

If you have not conducted a resident labour market test because there is an exemption that applies you must still tick the box but tell us in the box that follows what exemption applies.

As you don't need a RLMT this mistake can be corrected with a sponsor note while the CoS still has the "assigned" status (unused). For your application you only need the CoS number, no need to submit the printout of the CoS

[Frontier Mole]

The box ticked is about the need to undertake RLMT.
As long as the note states it is for a PSW to Tier 2 then the RLMT exemption is met.
It should not prevent the visa being considered just because of that error.
The overriding point is to ensure the RLMT exemption is stated on the COS notefield.

[ronychy2010]

Thanks for the kind replies. It is really helpful.

[soujanyasathi]

Hello,

Need your help!!

Could you please tell me what should we do if the sponsor made a mistake by providing end date to the permanent job as in 2 years time in the SMS system and made an premium application for over 3 years ? Are they allowed to change the end date and state as permanent and will this have any effect during the preminum service appointment.

Kindly respond asap.

Your help is appreciated.

[manci]

@soujanyasathi
the work end date can be changed by adding a sponsor note to the CoS but only before a decision is made on your application

[soujanyasathi]

Thank u for your reply. Yes the sponsor has made the changes in the sponsor note now. Do we need to take any written confirmation as well to the appointment in regards to this change. Please kindly respond.

[manci]

@soujanyasathi
the change should be on the system but no harm taking along a written confirmation

[soujanyasathi]

Thank you for your reply.

I have one more question if you don't mind.

1) If we haven't received the curtailment letter though its been more than 3months are they going to question anything in the premium service appointment now?? Like why is it late in making the tier -2 application again and will they consider like overstaying by any chance though we haven't received the curtailment letter?? If they question what should we answer? And also the address is correct. As far as I know the curtailment period starts only after receiving the curtailment letter. So if we answer genuinely like we haven't received the letter is that okay? Please kindly suggest what is the best way to answer.

And do we need to take the self assessment calculator pdf print out as well to the appointment? If yes please also clarify this question?

2) What type of application are you making?
Switching your current immigration category in the United Kingdom
Extending your stay in the UK

which option need to be chosen as I am not sure what option need to be chosed for changing sponsor from Tier 2 General to Tier 2 General.

3) Also will they ask the reasons for leaving the previous job in the premium appointment?

Please kindly answer.

Your help is appreciated.


Thank you

[Premkaku]

Hi please help me to understand what is the best way to solve my case.

Tier for expired on 30 oct
Tier 2 gen apllied on 27 oct
Refusal got on 28 nov

Refusal base

Cos contracted hours 48 . Annual selery 23k.
Home office has caculated 23 k as per 39 hours.

What are the options please??

[iworker]

reapply within 28 days with new cos and correct no of hours/salary.
Also during this time, (I think) you can not work as you do not have a valid leave.

[soujanyasathi]

Could somebody please help me providing the answers to my queries please...

I apprciate your help

[The Station Agent]

Sorry to butt in here:
Regarding an earlier reply by Manci - we were told by UKVI that the one thing you can't change on a CoS by adding a sponsor note is the work dates. They said you could make notes regarding spelling errors, things like that, but not a change in the work dates. You have been advised differently to us - did this come in writing? Thanks.

[manci]

examples of changes for which a sponsor note cannot be added are given in the current guidance as:

• the SOC code is incorrect;
• you have assigned it under the wrong tier or category;
• if you have given incorrect details for more than one of the following;
• the migrant’s nationality;
• the migrant’s date of birth;
• the migrant’s surname.

As far as the work end date is concerned it is expressly stated in the guidance that for restricted CoSs it can be changed by means of a sponsor note. For unrestricted CoSs the guidance is silent about this topic.
https://www.gov.uk/government/uploads/s ... _11_14.pdf