Multiple COS - Urgent! Please help

[sanp7]

Hi Guys,

I am currently on a Tier 2 general visa. Initially I got an offer from a company and I accepted the offer. I gave them my passport details and were ready to assign the COS but were waiting for the start date to be confirmed. But as far as I know they had not assigned the COS. During this time, I got a better offer from another company. I accepted that and told no to the first offer. The 2nd company assigned a COS and I applied through priority postal service. I received the biometrics letter today and I have enrolled the biometric details.
Today the recruitment agent from the first company called me and asked me to reconsider my decision. He told me that the first company already has my visa and I can join them immediately. I told him this cant be true as I have not provided my passport to them. Then he told me that COS is assigned by them when I gave them my passport details and if another company applies for the visa then HO may reject the application.

I am a bit confused and worried. I have read all the posts in this forum regarding the multiple COS issues and each one states that only one COS can be assigned and be active for a person. So as per that, the 2nd company shouldn't have been able to assign a COS for me. Using which I have already applied for the visa.

Is this possible? if it's possible, will it affect my application?

I am guessing the recruitment agent is worried that he will miss out on his share and telling me all this just to scare me. But I need to be sure. Could anyone help me out please?


Thanks.

[CR001]

He told me that the first company already has my visa and I can join them immediately

Well if you have not applied for this 'first visa' then obviously there isn't one!

[sanp7]

Thanks for the quick reply CR001.

I know there can't be a visa as I have not given them any of my original documents. I am more concerned about the COS.
1. Would the SMS allow the 2nd company to assign me a COS if there was an unused COS assigned to me from the first company?
2. From what I have read in this forum, the answer to the first question is 'NO'. But assuming there is a rare chance of this happening, will it affect my visa application?

[moonlight55]

I don't think SMS will restrict the 2nd company to assign a COS. Don't think that intelligence is build in the system. Actually, the onus lies on you to ensure duplicate COS is not issued in your name. Below is copied from T2 Guidance document.

256. If you do not want to take up the job because you want to work for a different sponsor, you must ask the sponsor to withdraw the Certificate of Sponsorship. You must contact the sponsor in writing or by email and give it five working days to withdraw the certificate.

257. If the sponsor fails to do so, you should send a reminder. If the sponsor does not withdraw the Certificate of Sponsorship within a further five working days, you should contact us by writing to us at:
Sponsor Licensing Unit
UK Visas and Immigration
Home office
PO Box 3468
Sheffield
S3 8WA

258. You must provide:
 your full name; and
 your nationality; and
 the name of the sponsor you no longer wish to work for; and
 the Certificate of Sponsorship reference number you wish to be cancelled; and
 the name of any other sponsor you wish to work for; and
 the reason why you wish the Certificate of Sponsorship to be cancelled; and
 the date you first contacted the sponsor to ask for the Certificate of Sponsorship to be cancelled; and
 the date you contacted the sponsor again to remind them to cancel the Certificate of Sponsorship; and
 a copy of any correspondence sent to your sponsor, which must clearly show who the correspondence was addressed to within the sponsoring organisation; and
 any correspondence from that sponsor in connection with those requests (for example, any acknowledgement e-mails or letters).

We will cancel the Certificate of Sponsorship if necessary after discussions with the sponsor.

[moonlight55]

I'm not sure of the outcome if you do submit an application in such a case. Seniors can comment on it. The question is - Will such a COS be considered an invalid COS?

T2 Guidance also states -
252. If you submit an application using a Certificate of Sponsorship that is invalid, the application will be refused. You must get a new Certificate of Sponsorship from your sponsor.

[sanp7]

Thanks moonlight55 for the answers.

Since I didn't know they had applied for a COS, I couldn't contact them to cancel it. I don't even know if they have the COS. It might be the recruiter lying. I am so worried now. I really hope this doesn't affect the outcome of the application.

Could anyone please clarify?

Thanks.

[sen_nkl]

Hi Sanp07,

Im also in a situation similar to you. Can you please guide me what happened in your case. Please contact you as soon as possible @ Personal contact information removed for your own safety - moderator edit