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Tier 4 to Tier 2 - When can I start my new job?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mmbutterfly
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Posts: 7
Joined: Wed Jan 24, 2018 1:42 pm
United States of America

Helping my new employer get a CoS for me

Post by mmbutterfly » Wed Jan 24, 2018 2:00 pm

Hello! I am an American in the UK on a Tier 4 visa and just completed my master's degree in November. I have received a job offer from a company in London that is a registered Tier 2 sponsor, however they have not actually sponsored anyone before so neither my hiring manager nor my HR contact knows how to make an unrestricted CoS for me. They talked to an immigration lawyer before they offered me the job, so it seems like everything should be fine - I just need to help them get through the CoS assignment process.

They want me to start working next week, but I know I can't begin a permanent contract until I've submitted my visa application (which I'm all ready to do, I just need the CoS). I tried explaining this but my official start date is still very sudden. (I'm happy to begin work immediately, I just want it to be all clear and legal).

I have a few questions:
-If they have someone in the company who is a "Level 1" person (who helped set the company up as a visa sponsor, I assume), and who can log into the SMS (sponsorship management system) and find out whether the company has some unassigned unrestricted CoS's, can this person make the CoS for me immediately if I provide them with the relevant information (such as my passport number, etc.)? Is there still a waiting period?
-If the company needs to apply for more unrestricted CoS's, how long will this take and is it possible to expedite it?
-If I have to wait a few weeks for a new CoS to come in (and wait for it to be approved?), am I able to legally begin working for the company in the meantime? For example, on a temporary basis? How would you explain this to your employer?
-Does anyone have any other relevant advice for this scenario?

Thanks again!!

mmbutterfly
Newly Registered
Posts: 7
Joined: Wed Jan 24, 2018 1:42 pm
United States of America

Re: Helping my new employer get a CoS for me

Post by mmbutterfly » Wed Jan 24, 2018 2:30 pm

Also, I have two months + one week left on my current visa (not sure how to edit my first post to include this info)

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Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Helping my new employer get a CoS for me

Post by Djsuccess » Thu Jan 25, 2018 10:45 pm

mmbutterfly wrote:
Wed Jan 24, 2018 2:00 pm
Hello! I am an American in the UK on a Tier 4 visa and just completed my master's degree in November. I have received a job offer from a company in London that is a registered Tier 2 sponsor, however they have not actually sponsored anyone before so neither my hiring manager nor my HR contact knows how to make an unrestricted CoS for me. They talked to an immigration lawyer before they offered me the job, so it seems like everything should be fine - I just need to help them get through the CoS assignment process.

They want me to start working next week, but I know I can't begin a permanent contract until I've submitted my visa application (which I'm all ready to do, I just need the CoS). I tried explaining this but my official start date is still very sudden. (I'm happy to begin work immediately, I just want it to be all clear and legal).

I have a few questions:
-If they have someone in the company who is a "Level 1" person (who helped set the company up as a visa sponsor, I assume), and who can log into the SMS (sponsorship management system) and find out whether the company has some unassigned unrestricted CoS's, can this person make the CoS for me immediately if I provide them with the relevant information (such as my passport number, etc.)? Is there still a waiting period?
-If the company needs to apply for more unrestricted CoS's, how long will this take and is it possible to expedite it?
-If I have to wait a few weeks for a new CoS to come in (and wait for it to be approved?), am I able to legally begin working for the company in the meantime? For example, on a temporary basis? How would you explain this to your employer?
-Does anyone have any other relevant advice for this scenario?

Thanks again!!
Your sponsor needs to identify who their Authorising officer or a level user is? then they can download the relevant sms manual and follow the instruction on how to request and assign CoA. see link here https://www.gov.uk/government/collectio ... stem-(sms)

if there is no level 1 user in the company probably because they have left and no one can access the sms account, then they will need to notify the UKVI so they nominate a new level 1 user. This could take from 2 - 4 weeks or more to approve a new level 1 user. Depending on what the situation is, your 2 months might just be enough to get everything sorted. You need to submit the application before your tier 4 visa expires.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

mmbutterfly
Newly Registered
Posts: 7
Joined: Wed Jan 24, 2018 1:42 pm
United States of America

Re: Helping my new employer get a CoS for me

Post by mmbutterfly » Sat Jan 27, 2018 2:12 pm

Djsuccess wrote:
Thu Jan 25, 2018 10:45 pm
mmbutterfly wrote:
Wed Jan 24, 2018 2:00 pm
Hello! I am an American in the UK on a Tier 4 visa and just completed my master's degree in November. I have received a job offer from a company in London that is a registered Tier 2 sponsor, however they have not actually sponsored anyone before so neither my hiring manager nor my HR contact knows how to make an unrestricted CoS for me. They talked to an immigration lawyer before they offered me the job, so it seems like everything should be fine - I just need to help them get through the CoS assignment process.

They want me to start working next week, but I know I can't begin a permanent contract until I've submitted my visa application (which I'm all ready to do, I just need the CoS). I tried explaining this but my official start date is still very sudden. (I'm happy to begin work immediately, I just want it to be all clear and legal).

I have a few questions:
-If they have someone in the company who is a "Level 1" person (who helped set the company up as a visa sponsor, I assume), and who can log into the SMS (sponsorship management system) and find out whether the company has some unassigned unrestricted CoS's, can this person make the CoS for me immediately if I provide them with the relevant information (such as my passport number, etc.)? Is there still a waiting period?
-If the company needs to apply for more unrestricted CoS's, how long will this take and is it possible to expedite it?
-If I have to wait a few weeks for a new CoS to come in (and wait for it to be approved?), am I able to legally begin working for the company in the meantime? For example, on a temporary basis? How would you explain this to your employer?
-Does anyone have any other relevant advice for this scenario?

Thanks again!!
Your sponsor needs to identify who their Authorising officer or a level user is? then they can download the relevant sms manual and follow the instruction on how to request and assign CoA. see link here https://www.gov.uk/government/collectio ... stem-(sms)

if there is no level 1 user in the company probably because they have left and no one can access the sms account, then they will need to notify the UKVI so they nominate a new level 1 user. This could take from 2 - 4 weeks or more to approve a new level 1 user. Depending on what the situation is, your 2 months might just be enough to get everything sorted. You need to submit the application before your tier 4 visa expires.
Thanks for your response Djsuccess! I'm still trying to get in touch with the right people in the company to find out if they have a Level 1 user. In the meantime, my new manager wants me to begin work ASAP. I know I need to have my CoS and submit my application before I can start on a permanent contract, but do you know if I'm allowed to work at all until then? Can I work part-time, or on a temporary contract?

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Helping my new employer get a CoS for me

Post by Djsuccess » Sun Jan 28, 2018 9:58 pm

mmbutterfly wrote:
Sat Jan 27, 2018 2:12 pm
Djsuccess wrote:
Thu Jan 25, 2018 10:45 pm
mmbutterfly wrote:
Wed Jan 24, 2018 2:00 pm
Hello! I am an American in the UK on a Tier 4 visa and just completed my master's degree in November. I have received a job offer from a company in London that is a registered Tier 2 sponsor, however they have not actually sponsored anyone before so neither my hiring manager nor my HR contact knows how to make an unrestricted CoS for me. They talked to an immigration lawyer before they offered me the job, so it seems like everything should be fine - I just need to help them get through the CoS assignment process.

They want me to start working next week, but I know I can't begin a permanent contract until I've submitted my visa application (which I'm all ready to do, I just need the CoS). I tried explaining this but my official start date is still very sudden. (I'm happy to begin work immediately, I just want it to be all clear and legal).

I have a few questions:
-If they have someone in the company who is a "Level 1" person (who helped set the company up as a visa sponsor, I assume), and who can log into the SMS (sponsorship management system) and find out whether the company has some unassigned unrestricted CoS's, can this person make the CoS for me immediately if I provide them with the relevant information (such as my passport number, etc.)? Is there still a waiting period?
-If the company needs to apply for more unrestricted CoS's, how long will this take and is it possible to expedite it?
-If I have to wait a few weeks for a new CoS to come in (and wait for it to be approved?), am I able to legally begin working for the company in the meantime? For example, on a temporary basis? How would you explain this to your employer?
-Does anyone have any other relevant advice for this scenario?

Thanks again!!
Your sponsor needs to identify who their Authorising officer or a level user is? then they can download the relevant sms manual and follow the instruction on how to request and assign CoA. see link here https://www.gov.uk/government/collectio ... stem-(sms)

if there is no level 1 user in the company probably because they have left and no one can access the sms account, then they will need to notify the UKVI so they nominate a new level 1 user. This could take from 2 - 4 weeks or more to approve a new level 1 user. Depending on what the situation is, your 2 months might just be enough to get everything sorted. You need to submit the application before your tier 4 visa expires.
Thanks for your response Djsuccess! I'm still trying to get in touch with the right people in the company to find out if they have a Level 1 user. In the meantime, my new manager wants me to begin work ASAP. I know I need to have my CoS and submit my application before I can start on a permanent contract, but do you know if I'm allowed to work at all until then? Can I work part-time, or on a temporary contract?
I know that Tier 4 visa holders can work for a maximum of 20 hours per week during term time and more outside term time. I am not sure if you can take up a full-time job on your tier 4 visa when your tier 2 application has not been made. I will wait for others to advise you on this.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

mmbutterfly
Newly Registered
Posts: 7
Joined: Wed Jan 24, 2018 1:42 pm
United States of America

Tier 4 to Tier 2 - When can I start my new job?

Post by mmbutterfly » Thu Feb 08, 2018 8:46 pm

Hi all! I am an American currently on a Tier 4 visa in the UK, and have recently been hired by a company that will sponsor me on a Tier 2. They are filling out my CoS today and want me to start full-time in my new job ASAP, so I'm trying to figure out when I'm legally allowed.

Can anyone confirm if this is correct:

I plan to use the priority postal service (8-10 days for a decision) which requires applying via email at 8:30 am tomorrow or Monday. If I am successful, I will submit my online application and mail my documents the same day.

Am I allowed to begin working immediately after this is done? Or do I have to wait for the Home Office to tell me they've received my documents? Or do I have to wait for my biometric appointment?

Thanks for your help!!

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