Tier 2 (General), Visa Approval Query, Please Reply

[kmsys]

Dear All,

My Last working day with my old sponsor was 31st October 2014.

I searched a lot for new job and finally on 19th of December 2014 I was selected for a new job after 3 rounds of an interview.

They told that they will give me CoS and an Offer letter very soon so I was very happy and booked a Visa Premium Slot on 29th December 2014. But I didn't receive any CoS till that date. Due to the shutdown period I couldn't contact my new HR from 21st December itself .

I called her on reopening day 5th Jan 2015 and she told me that she requested for a CoS on 19th Decmber itself but they did not receive any update from UKBorderAgency. So I am still waiting for my CoS.

I called Home Office in mid of November 2014 and a person told me that my visa has not been curtailed and even if it is curtailed that week I can stay till mid of February 2015.He also updated my new address in their records.

After few days from few of our friends I heard that I will have only 60days after termination of my job.Then I called Home Office again they too told me the same that I will have only 60days after my last working day. I was soo tensed and had many sleepless nights. My husband just 6 months back joined me and he was also very tensed.

But when I was selected for new job on 19th December 2014 and when agency sent me email of my selection we were very happy but due to the shutdown period I couldn't get any updates from any one(I was selected for an other role for different company but due to shutdown period they informed it to me today and I have one more HR round and they are happy to offer me job ).

Now my Query Is: In this week or next week if I apply for visa in person for premium service, My relieving date is 31st October2014 and My CoS allocation date might be some 12th January 2015 (I am hoping). So will this be a problem? Will they reject my visa as my 60days are finished or will they consider my application as 10days holidays have come in between? Please kindly reply me.

Waiting for a response with lots of hopes.

Thanks in advance.

[ravisb_2014]

Hi kmsys,
I hope CoS is already assigned to you on 19th Dec if your employer is already have.
If they are requesting Home Office to allocate CoS, then following will not help.

In that case ->
Once CoS is assigned to you by your employer, your employer doesn't need to request it from UKBA.
In SMS system, Once it's assigned, it will be generated successfully.
Your employer need to click on "View CoS", select the relevant CoS and take a print out of it or generate PDF. You can suggest the same to your employer.
Hope that helps.
I did the same when I was in same situation.
Expert can suggest better. You can wait for them to reply if you want.

[kmsys]

Hello Ravi,

Thanks for reading my post and replying me.

I receive the same reply from my new company that they have requested for CoS on 19th December but still they are waiting for it.
They also want me to work with their company as soon as possible but they have to wait for UKBA to give them a CoS.

I am worried, as today is 14th January and still I didn't receive my CoS. In forums I have also seen that I will not be eligible for ILR anymore as I have a gap of 60days between my employment . I have studied here 1 year and I am on PSW for 2 years and 2 years on work permit. All my hard work is wasted today because of the delay in issuing a CoS. I cannot also work for more than 6years on my work permit so i have to go back to my country India after my 6 years work permit. First of all I am not sure now if I apply after 60days period will I get any visa

On the other hand, I am selected for a role in Malaysia (salary:10K RM per annum) yet to receive an offer and my UK offer is 30K £ per annum. I am in a confusion of deciding a better future.

Will I get a UK Visa ? Will I get ILR? Would you please suggest?

[physicskate]

Dear All,
I called Home Office in mid of November 2014 and a person told me that my visa has not been curtailed and even if it is curtailed that week I can stay till mid of February 2015.He also updated my new address in their records.
Your visa will be curtailed to 60 days ONCE THE DECISION IS MADE TO CURTAIL. Sorry to shout, but you seem to believe the person who shouts loudest! They are allowed to make the decision to curtail 28 days (or more) after they are informed that your employment has ended.

After few days from few of our friends I heard that I will have only 60days after termination of my job.Then I called Home Office again they too told me the same that I will have only 60days after my last working day. I was soo tensed and had many sleepless nights. My husband just 6 months back joined me and he was also very tensed.
'friends'??? Do they know immigration law/ guidance?

Now my Query Is: In this week or next week if I apply for visa in person for premium service, My relieving date is 31st October2014 and My CoS allocation date might be some 12th January 2015 (I am hoping). So will this be a problem? Will they reject my visa as my 60days are finished or will they consider my application as 10days holidays have come in between? Please kindly reply me.
I see no problem! However, this quite a grey area. Worst comes to worst, they will not make a decision the same day...

Waiting for a response with lots of hopes.

Thanks in advance.

[kmsys]

Hello Kate,

Many thanks for your reply.

2 Weeks were crossed and still I haven't received my CoS . As you told in your post, Wont I get a visa in a day and BRP in a week?
This will be a real problem as I have updated my employer that once they issue me CoS I will join within 10days .

Also will there be a problem applying ILR after my 5years work permit? Would you please suggest?

Thanks in advance.

[manci]

if your prospective employer is a T2G registered sponsor and they applied for an increase in their unrestricted CoS allocation on 19 December under normal circumstances they should have received it or heard from UKVI by now. Ask them to call the employer helpline 0300 123 4699.

Your time on T4 and T1 PSW doesn't count on the 5 year route to ILR, it would only count on the 10 year route. On the 5 year route the employment has to be continuous except that breaks up to 60 days are disregarded. See immigration Rule 245AAA(b):
https://www.gov.uk/government/uploads/s ... _final.pdf
and p26 here:
https://www.gov.uk/government/uploads/s ... eriods.pdf
This means that for ILR purposes since your break in employment is now longer than 60 days you will lose the 2 years spent under T2G (your previous leave)

[kmsys]

Hi Manci,

Thank you for the response.If I get CoS in Feb first week, Will my VISA be approved?

[lawabidingimmigrant]

"On the 5 year route the employment has to be continuous except that breaks up to 60 days are disregarded. See immigration Rule 245AAA(b):
https://www.gov.uk/government/uploads/s ... _final.pdf "

hi manci, just seeking a quick clarification on the above clause. Does this 60 days break clause apply only when further leave to remain is applied in country or it also applies when out of country change of employment is initiated with new sponsor within the 60 days of finishing employment with previous sponsor for scenarios when cooling off period rule was not in place?

Pls confirm, many thanks in advance.

[ravisb_2014]

Hi Kmsys,
I can understand the real problem faced while being with Tier 2(G) Visa,
when you are not working with any employer and waiting for curtailment letter.
I was in same situation as you are now. Was trying to keep my hopes alive.
In fact, I applied after more than 60 days of unemployment and did not receive
curtailment letter before applying for Tier 2 extension, but my VISA got approved today
and now waiting for BRP. So, i think you should be fine once you get the CoS.
I was also having sleepless night too and family being in India with lot of pressure.

From your previous post, it's not pretty clear.
But you can clarify the following things with your new employer ?

1. By requesting CoS, does it mean increasing the allocation of unrestricted CoS ?
-> Answer for this is already given by manci. So, if your employer calls up the HO
helpline number, they will be able to get the answer for it - why is it taking time or they have
already allocated etc. It should not take more than 2 weeks.

2. By requesting CoS, if it means that your employer is already having at least
1 unrestricted CoS unassigned. They have assigned and just waiting for HO to
confirm. In this case, there is nothing to wait. They have to go to "View CoS"
and take a print out. That's it. I already replied in my previous post.

Hope that helps.

[kmsys]

Hi Ravi,

After reading your post I feel very happy.Congratulations on your VISA approval.
Today I received an email from my employer,confirming that they do not have any unused CoS to assign me.

I am still waiting for my CoS and HR updated me that she will follow up with the UKBA via phone.

Now we both crossed our 60 days due to UKBA delay and we are not eligible for ILR until next 5 years which is bad isn't it

OK anyway Good Luck with your new job.

Thank you.

[ravisb_2014]

@kmsys,
All the best application once you received the CoS from your employer. I am not bothered about ILR as I don't think continue with Tier 2(G) VISA is a good option with so many restriction. I think most of them feels the same. Looking forward for new government to form to come up with some relaxation at least on skilled level visa.

Hi manci,
I have a query on ILR. Please suggest.
I read in this forum that we can stay in Tier 2(G) for maximum 6 years.

Suppose if you work continuously for 3 years and then made redundant and waiting for curtailment letter for more than 60 days. Then after 60 days or 90 days, you got job and Visa for another 3 years.

In total, after completing 6 years in T2, you can't apply for ILR as there is a break of 60 days and you need to go back to your
home country as you can't stay more than 6 years too in T2 and come back after cooling off period of 12 months and wait for another 5 years (continuously working) to get eligible for ILR.

Am I correct ?

[Rahul008]

Hello All,

Can someone please let me know if a person with Tier 2 (General) which is granted in 2015 will be able to apply for ILR after 5 years stay in the UK in 2020 ? And then apply for Citizenship after 1 year in 2021?

Has any rules for Tier 2 changed for ILR and Citizenship?

Please clarify.

Thanks

[moonlight55]

Hello All,

Can someone please let me know if a person with Tier 2 (General) which is granted in 2015 will be able to apply for ILR after 5 years stay in the UK in 2020 ? And then apply for Citizenship after 1 year in 2021?

Has any rules for Tier 2 changed for ILR and Citizenship?
As per current Tier 2 rules, your statement is current.

Please clarify.

Thanks

[manci]

"On the 5 year route the employment has to be continuous except that breaks up to 60 days are disregarded. See immigration Rule 245AAA(b):
https://www.gov.uk/government/uploads/s ... _final.pdf "

hi manci, just seeking a quick clarification on the above clause. Does this 60 days break clause apply only when further leave to remain is applied in country or it also applies when out of country change of employment is initiated with new sponsor within the 60 days of finishing employment with previous sponsor for scenarios when cooling off period rule was not in place?

IMHO the 60 day rule for breaks in employment applies regardless but please refer to p27 to see whether the continuous period has been broken when you applied for entry clearance:
https://www.gov.uk/government/uploads/s ... eriods.pdf

Pls confirm, many thanks in advance.

[lawabidingimmigrant]

IMHO the 60 day rule for breaks in employment applies regardless but please refer to p27 to see whether the continuous period has been broken when you applied for entry clearance:
https://www.gov.uk/government/uploads/s ... eriods.pdf

Thanks Manci.

[kmsys]

Hi ravisb_2014

Would you please share your contact number/email to kmsystam@gmail.com.

Thank you.

[ravisb_2014]

@kmsys,
You can PM me if you have any specific query.

[kmsys]

Hi Ravi,

I have few quires that I would like to check with you personally. If possible kindly send me a test email to "kmsystam@gmail.com".

Thank you.

[ravisb_2014]

test mail sent. You can email me your query. If I can, I will try to answer.