Got a sponsorship license but with a warning letter from HO

[cgu8310]

Hi,


I am currently living in the UK under T4 (MA student) and there is a company would like to sponsor me but this company have just little knowledge with visa and stuffs.. As they have never employed a foreigner before, they are applying for sponsorship licence.

(Here is a situation)
1. However, they emailed me last week, their application got rejected. The reason was they made a job title Graphic Designer (level 3, code 3421) for me in their application which they shouldn't have done. So, they want to reapply for the license for the last time. They don't want to spend money on solicitors.

After a conversation with a manager of the company, they changed the job title into CAD designer (level 4, 3422) as they can't give me a product designer job title (they said they already have product designers plus my role is not exactly to design new products).

But I am not sure about this job title either. They said they are willing to make same changes with the job title if I want. Do you think the new job title "CAD designer" can be categorised in level 4 creative sector?


2. I think there is a certain period the company can reapply for the license (2 weeks or sth) but they haven't got any details of this. Is it okay to exceed the 2 weeks for reapplying in this case (as job title has changed)?


could someone help me please?....

[cgu8310]

-This is the job description for the role-


Key Duties
• Using Solidworks to create product assemblies from our engineering files and produce high resolution rendered imagery
• Creating product specification sheets and other supporting collateral for products
• Assisting in the production of both printed and digital marketing materials
• Using Solidworks and image rendering software to create product animations for marketing videos
• Adding and updating website content
• Assembling and installing products for photoshoots and exhibitions
• Photographing and editing product images
• Providing support to the sales team and customers by supplying images and drawings when requested
Other Duties
• Assisting with the preparation of company events and exhibitions, on-site and in our warehouse
• Creating alternative language versions of marketing materials and product collateral
• Other administrative or written tasks as required
Essential Requirements and Skills
• A Bachelor’s or higher-level degree in a product/graphic design field
• Competent using a PC and Windows OS
• Good knowledge of Solidworks and image rendering software (3DSMAX or similar - TBD)
• Good knowledge of Adobe Creative Suite, in particular Photoshop, InDesign and Illustrator
• Good understanding of the creative process
• Excellent spelling and grammar (English) with a meticulous attention to detail
• Excellent telephone manner
• Excellent communication skills and the ability to work well independently and as part of a team
• Some heavy lifting required (some products are quite large and require sufficient strength to lift and install)
Desirable but Non-Essential Skills
• Fluency in other languages
• Knowledge of video editing software
• Good understanding of print processes
• Knowledge of web design and related software
• Comfortable using a digital studio camera and lighting
• Comfortable using household tools such as screwdrivers, drills and Allen keys

[Haryho]

-This is the job description for the role-


Key Duties
• Using Solidworks to create product assemblies from our engineering files and produce high resolution rendered imagery
• Creating product specification sheets and other supporting collateral for products
• Assisting in the production of both printed and digital marketing materials
• Using Solidworks and image rendering software to create product animations for marketing videos
• Adding and updating website content
• Assembling and installing products for photoshoots and exhibitions
• Photographing and editing product images
• Providing support to the sales team and customers by supplying images and drawings when requested
Other Duties
• Assisting with the preparation of company events and exhibitions, on-site and in our warehouse
• Creating alternative language versions of marketing materials and product collateral
• Other administrative or written tasks as required
Essential Requirements and Skills
• A Bachelor’s or higher-level degree in a product/graphic design field
• Competent using a PC and Windows OS
• Good knowledge of Solidworks and image rendering software (3DSMAX or similar - TBD)
• Good knowledge of Adobe Creative Suite, in particular Photoshop, InDesign and Illustrator
• Good understanding of the creative process
• Excellent spelling and grammar (English) with a meticulous attention to detail
• Excellent telephone manner
• Excellent communication skills and the ability to work well independently and as part of a team
• Some heavy lifting required (some products are quite large and require sufficient strength to lift and install)
Desirable but Non-Essential Skills
• Fluency in other languages
• Knowledge of video editing software
• Good understanding of print processes
• Knowledge of web design and related software
• Comfortable using a digital studio camera and lighting
• Comfortable using household tools such as screwdrivers, drills and Allen keys

Your company can contact the following e-mail if they're not sure about job occupation code, occupation.information@ons.gsi.gov.uk , and they'll advise.

Good luck

[cgu8310]

Thank you.. it is really frustrating..

[cgu8310]

Is there anyone who can advise me ?

I am wondering if the job title CAD designer can possibly be considered in soc code 4323, level 4?
The company is gonna apply for license with this job title and code for me.

[cgu8310]

Hi everyone!
I hope u all have a nice xmas!


I am here in the UK under the Tier 4 student visa and found a company to sponsor me.
However, as they don't have a license, they applied for it some time in Oct but it was kinda rejected (the application fee wasn't taken but they were asked to send sufficient information by the HO).
And before reapplying, we found out that my job title doesn't fit to the soc code which had to be changed (I contacted to solicitors for free legal advice). We made a bit of change and reapplied.

Now, I am in a situation where a sponsorship license has not been accepted which my company applied on the 30th of Nov (almost 3 weeks). The company has not been asked for a visit but the application fee was taken last week.


1. Could I see this as a good sign? but I heard that if the process has been delayed, it is unlikely to get an approval.
2. My current visa is valid until this Feb 02nd. Is this remaining time would be enough for switching my visa or should I consider just applying without cos number and postponing the bio-metrics thing so that I can earn some more time?


Thank you in advance!

[harryisback]

Hi,

HO takes 2-3 months to process license application case. In our case it took 7 weeks when my company applied end of sep. and got approval in middle of nov. So it's not right to say if they are delaying means they are going to reject your case.

For your second question it's best if you wait so moderators can guide you better. Even if you get your license by end of Middle/end of January you will have to apply for COS by 5th Feb, which will be announced 11th Feb onwards so you will have to figure out how to buy time in between.

best of luck!

[Tamara93]

Hi! First off, just wanted to congratulate you as rarely any company would spend their resources and time on sponsoring someone when they don't even have a license! Good job!

I am in the same situation right now, but our license and COS has arrived an we are just waiting to receive my visa.

I wouldn't suggest applying for a visa just now as the application process is quite quick (you can apply in an hour basically) and as soon as you apply your current visa is extended while the process is going on so just wait a while, the license may come before February (I'm sure it will!). In our license application we wrote that we need 1 COS now, and gave all my details with the application as well, so when the license arrived we had a COS assigned to the company already (we did not have to apply for it separately) and they just put my details in and did the Tier 2 visa application for me.

Our timelines are below:
Online form submitted: Nov 17th
Documents sent: Nov 17th
License approved: Dec 5th - AO received an email and we showed up on the list of sponsors
Approval letter received: Dec 6th
- The letter contains the login details for the sponsorship management system so you have to wait for it to arrive to be able to issue a COS
COS assigned to me: Dec 7th
Priority postal application: Dec 7th
Documents sent: Dec 8th
Biometrics done: Dec 8th (printed online form and done in post office)
Approval letter received: PENDING
BRP/Documents received: PENDING

We sent out quite a lot of documents and had a lawyer, but as you can see the license application went through really fast. I know that delays often happen when they require more information/documents or a visit to the office. Do you think all the necessary documents were sent out? But then again three weeks isn't really that long so you might need to wait a bit more!

[CR001]

2. My current visa is valid until this Feb 02nd. Is this remaining time would be enough for switching my visa or should I consider just applying without cos number and postponing the bio-metrics thing so that I can earn some more time?

You cannot apply without a CoS. The online form stipulates this as a mandatory field to progress further.

[cgu8310]

Hi,

HO takes 2-3 months to process license application case. In our case it took 7 weeks when my company applied end of sep. and got approval in middle of nov. So it's not right to say if they are delaying means they are going to reject your case.

For your second question it's best if you wait so moderators can guide you better. Even if you get your license by end of Middle/end of January you will have to apply for COS by 5th Feb, which will be announced 11th Feb onwards so you will have to figure out how to buy time in between.

best of luck!

Hi, harryisback
Thank you for the advice! I thought that the cos number can be issued any time for the unrestricted cos, isn't it? I might have to do some more research

Yes buying some more time is the main concern atm.. it is quite tricky that graduates have 4 months to look for a job and the HO makes everything delayed...

anyways Thank you for ur kind advice !

[cgu8310]

Hi! First off, just wanted to congratulate you as rarely any company would spend their resources and time on sponsoring someone when they don't even have a license! Good job!

I am in the same situation right now, but our license and COS has arrived an we are just waiting to receive my visa.

I wouldn't suggest applying for a visa just now as the application process is quite quick (you can apply in an hour basically) and as soon as you apply your current visa is extended while the process is going on so just wait a while, the license may come before February (I'm sure it will!). In our license application we wrote that we need 1 COS now, and gave all my details with the application as well, so when the license arrived we had a COS assigned to the company already (we did not have to apply for it separately) and they just put my details in and did the Tier 2 visa application for me.

Our timelines are below:
Online form submitted: Nov 17th
Documents sent: Nov 17th
License approved: Dec 5th - AO received an email and we showed up on the list of sponsors
Approval letter received: Dec 6th
- The letter contains the login details for the sponsorship management system so you have to wait for it to arrive to be able to issue a COS
COS assigned to me: Dec 7th
Priority postal application: Dec 7th
Documents sent: Dec 8th
Biometrics done: Dec 8th (printed online form and done in post office)
Approval letter received: PENDING
BRP/Documents received: PENDING

We sent out quite a lot of documents and had a lawyer, but as you can see the license application went through really fast. I know that delays often happen when they require more information/documents or a visit to the office. Do you think all the necessary documents were sent out? But then again three weeks isn't really that long so you might need to wait a bit more!

Hi, Tamara93.

Thank you for sharing ur experience ! I am glad that ur situation is sorted well and fast and I wish I will get this sorted very soon But it is just all out of my hands sadly.

I am not sure if my company provided HO all the sufficient documents, proofs and etc as they didn't wanna spend money on lawyers.. but they did a lot of research including calling HO to get advice on preparation before re-applying. They also sent my CV and portfolio (I am studying design) to prove that I am worth to hire (?). And then HO took the application fee in about 2 weeks but when HR manager at the company called them today, they said they haven't made a decision yet.

I think I am a bit nervous as the first application has been rejected and there's no certainty of getting a license at all. But like you said, it is been only three weeks from the date of re-apply, I think I should try to be more patient


I have a question to you
When you say "as soon as you apply your current visa is extended while the process is going on so just wait a while", do you mean there's a way to extend my student Tier 4 visa till the results came up?


Thank you so much for the advice!

[cgu8310]

2. My current visa is valid until this Feb 02nd. Is this remaining time would be enough for switching my visa or should I consider just applying without cos number and postponing the bio-metrics thing so that I can earn some more time?

You cannot apply without a CoS. The online form stipulates this as a mandatory field to progress further.

Hi CR001

Thanks for the advice. But I have seen some posts that some have applied without CoS with a cover letter (made by a company; explaining the situation) as their visas were about to expire. They said they took a route of delaying bio-metrics so that they could earn some more time till a sponsorship license is approved. Is this illegal or sth that risky ?

Thank you and Have a nice evening !

[JesseKHall]

In our license application we wrote that we need 1 COS now, and gave all my details with the application as well, so when the license arrived we had a COS assigned to the company already (we did not have to apply for it separately) and they just put my details in and did the Tier 2 visa application for me.

I am in a similar situation where a company has just received their sponsor license. Was the CoS that was issued with the license a restricted or unrestricted CoS?

[Tamara93]

I am in a similar situation where a company has just received their sponsor license. Was the CoS that was issued with the license a restricted or unrestricted CoS?

Sorry I don't really know the difference that well, but if you are applying for a switch from Tier 4 to Tier 2 inside the UK, and have noted down that you need it for one worker in the license application (with supporting documents) wouldn't it be an unrestricted one?

[Tamara93]

Hi, Tamara93.

Thank you for sharing ur experience ! I am glad that ur situation is sorted well and fast and I wish I will get this sorted very soon But it is just all out of my hands sadly.

I am not sure if my company provided HO all the sufficient documents, proofs and etc as they didn't wanna spend money on lawyers.. but they did a lot of research including calling HO to get advice on preparation before re-applying. They also sent my CV and portfolio (I am studying design) to prove that I am worth to hire (?). And then HO took the application fee in about 2 weeks but when HR manager at the company called them today, they said they haven't made a decision yet.

I think I am a bit nervous as the first application has been rejected and there's no certainty of getting a license at all. But like you said, it is been only three weeks from the date of re-apply, I think I should try to be more patient


I have a question to you
When you say "as soon as you apply your current visa is extended while the process is going on so just wait a while", do you mean there's a way to extend my student Tier 4 visa till the results came up?


Thank you so much for the advice!

Hey, no problem at all I've been dealing with all this for my company so I know first hand how crazy it is.

Basically, the Tier 4 is extended once you apply for your Tier 2 visa until a decision is made. Therefore you can even apply on the 1st of Feb and it will be fine. For example my visa expiry date was Dec 18th, but because I applied for a Tier 2 before that I am still here,obviously.

I know how frustrating it is to wait but the immigration office is swamped during the holidays so I'm sure it'll be done soon. Also take into account the bank holidays as they are closed then obviously. My visa should have been approved by now but I'm still waiting and going crazy, but at the end of the day there's not much else you can do.

Good luck and keep us posted!

[cgu8310]

Hi, Tamara93.

Thank you for sharing ur experience ! I am glad that ur situation is sorted well and fast and I wish I will get this sorted very soon But it is just all out of my hands sadly.

I am not sure if my company provided HO all the sufficient documents, proofs and etc as they didn't wanna spend money on lawyers.. but they did a lot of research including calling HO to get advice on preparation before re-applying. They also sent my CV and portfolio (I am studying design) to prove that I am worth to hire (?). And then HO took the application fee in about 2 weeks but when HR manager at the company called them today, they said they haven't made a decision yet.

I think I am a bit nervous as the first application has been rejected and there's no certainty of getting a license at all. But like you said, it is been only three weeks from the date of re-apply, I think I should try to be more patient


I have a question to you
When you say "as soon as you apply your current visa is extended while the process is going on so just wait a while", do you mean there's a way to extend my student Tier 4 visa till the results came up?


Thank you so much for the advice!

Hey, no problem at all I've been dealing with all this for my company so I know first hand how crazy it is.

Basically, the Tier 4 is extended once you apply for your Tier 2 visa until a decision is made. Therefore you can even apply on the 1st of Feb and it will be fine. For example my visa expiry date was Dec 18th, but because I applied for a Tier 2 before that I am still here,obviously.

I know how frustrating it is to wait but the immigration office is swamped during the holidays so I'm sure it'll be done soon. Also take into account the bank holidays as they are closed then obviously. My visa should have been approved by now but I'm still waiting and going crazy, but at the end of the day there's not much else you can do.

Good luck and keep us posted!

Hi, Thank you again!

Yes indeed. It is driving me crazy haha I was offered this job in Oct but I am still waiting... I am glad your company had a lawyer to make the whole recruitment process far easier and faster!

I was actually thinking about the route u took. But have you had a cos when u applied for your visa? I don't think the HO will get a cos number sorted before my visa expiry date I thought it is okay to register bio-metrics so that I can earn some more time (I heard that it is possible to make about additional 3 months) but some ppl said it is risky.

I will defo update if there's any news on this!

[tida2004]

Hi! First off, just wanted to congratulate you as rarely any company would spend their resources and time on sponsoring someone when they don't even have a license! Good job!

I am in the same situation right now, but our license and COS has arrived an we are just waiting to receive my visa.

I wouldn't suggest applying for a visa just now as the application process is quite quick (you can apply in an hour basically) and as soon as you apply your current visa is extended while the process is going on so just wait a while, the license may come before February (I'm sure it will!). In our license application we wrote that we need 1 COS now, and gave all my details with the application as well, so when the license arrived we had a COS assigned to the company already (we did not have to apply for it separately) and they just put my details in and did the Tier 2 visa application for me.

Our timelines are below:
Online form submitted: Nov 17th
Documents sent: Nov 17th
License approved: Dec 5th - AO received an email and we showed up on the list of sponsors
Approval letter received: Dec 6th
- The letter contains the login details for the sponsorship management system so you have to wait for it to arrive to be able to issue a COS
COS assigned to me: Dec 7th
Priority postal application: Dec 7th
Documents sent: Dec 8th
Biometrics done: Dec 8th (printed online form and done in post office)
Approval letter received: PENDING
BRP/Documents received: PENDING

We sent out quite a lot of documents and had a lawyer, but as you can see the license application went through really fast. I know that delays often happen when they require more information/documents or a visit to the office. Do you think all the necessary documents were sent out? But then again three weeks isn't really that long so you might need to wait a bit more!

Hi,
Glad to know that your company approved,
Did u have the visit from HO.

[MikeSpring]

If you make Tier 2 application, before you current leave (Tier 4) does not expire, your leave is extended as long as it takes the Home Office to make their decision, because of the effect of section 3c of the Immigration Act 1971

3C Continuation of leave pending variation decision

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b)the application for variation is made before the leave expires, and

(c)the leave expires without the application for variation having been decided.

(2)The leave is extended by virtue of this section during any period when—

(a)the application for variation is neither decided nor withdrawn,

(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F2, while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), F3...

(c)an appeal under that section against that decision [F4, brought while the appellant is in the United Kingdom,] is pending (within the meaning of section 104 of that Act).

https://www.legislation.gov.uk/ukpga/1971/77/section/3C

and

https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

Feel free to pm, should you have any other questions.
Btw you cannot make application withou your company first allocating COS, and don't think about the COS as a fixed position, it should fit you the most, not completely, and your employer should consider prospects of your development, future work, etc.

Good luck with your company's application and your application.

Yours
M.

[cgu8310]

Hi, guys!


I am giving you an update!
I just check the sponsorship's license been approved literally today! and started contacting with a solicitor. It took me exactly a month but when I saw the company on the sponsorship license list, I was so happy.

- Applied on the 30th of Nov
- Approved on the 29th of Dec

The solicitor I have been contacting said there are two processes what he does, assigning the Cos and applying for Tier 2 and each stage costs around 1000 pounds..so expensive.
I am thinking about hiring for applying Tier 2 but wondering is there any difference btw hiring a solicitor to assign the COS and letting the company do that on themselves? Some say there's a huge difference and some say there's no difference at all.

Is it really necessary to pay for both services?


Thank you all! I will keep updating!

[cgu8310]

Hi, guys


I posted several on my progress.. and my company have got a sponsorship license a few days back but they also received a warning letter from HO.. a manager of the sponsoring company said in an email that

"We have indeed been granted the sponsorship license but there is a section in the letter which says ‘Please note that the SOC Code you have provided with your application does not appear to match the skill level of the job duties provided.’"

So, the company is quite afraid of allocating a valid COS for me.
Have you guys heard or gone through this situation? Could you please advise me?


Much appreciation in advance.