Urgent - RCOS allocated, sponsor address changed, how to apply Tier 2 General Work visa now? - Please Help!

[831212]

Hi All,

I was allocated a RCOS on 25th April 2019, and my sponsor shifted to a new office on 29th April 2019.
It was brought to my notice that until sponsor's address change notification is approved by UKVI, my visa application will be rejected. It's been over a month and due to problems in getting required documents from the landlord, my sponsor has not completed the address change notification process with the UKVI.

The HR now says that by submitting a undertaking signed by some senior office person along with the Tier 2 visa application should suffice. I am bit worried since my RCOS will expire by 24th July 2019. And the HR is leaving the company on 28th June 2019.

Please advise what would be an ideal thing to do in such a situation. Given the current situation, I think it is going to take more than 2-3 months alone to get the address change notification process done.

Please help!

[Frontier Mole]

A change of address notification is not going to cause an issue in granting or otherwise of your visa. A pending address change has no bearing on the visa process and will not adversely affect the outcome in its own right.

[831212]

@Frontier Mole. Thanks for your reply. I was updated today, that the sponsor's address change notification has been submitted to the UKVI and there is an appropriate case file number for it. The address change approval is pending though. My RCOS has been updated accordingly(changed the Sponsor's comment on it).
Just wanted to confirm with you once, would applying for a visa now in such conditions could result in a visa refusal?
I have the following documents with me.
1. RCOS 2. IELTS result(7.5 band) 3. TB Test Certificate(Valid) 4. Sponsor vouching for my finances. 5. No criminal certificate(since my job does not require one, in the IT sector)

Is there any other document missing from the checklist? And is there any potential visa refusal scenario/s in my case. I would really appreciate if you would let me know, your views on it.

Thanks for your help again!

[Frontier Mole]

The visa will not be refused on the basis of the change of address process. The rest of it looks ok so best of luck

[831212]

@Frontier Mole. Thank you!

[831212]

@Frontier Mole, Is it mandatory to enter the UK before(up to 14 days) OR on the work start date on COS?

OR can one enter the UK after the work start date?

[Frontier Mole]

Entry is governed by the travel vignette it gives a 30 day window to leave for the UK. There is no restrictions on when you can start work once you arrive in the UK

However the Sponsor should advise if your work start date is going to be beyond 10 days after the quoted COS date.

[831212]

Thanks! @Frontier Mole

[831212]

@Frontier Mole, what is the significance of the work start and end dates asked while making the IHS payment of the visa application?

Are those the dates that you would covered for OR are those dates just a formality.
I think I might have made a mistake in putting those dates. The payment is done for a 5 year visa nevertheless. think I have put the wrong work end date.

I cannot now see and edit the same. Doe you know, from where one can see the details regarding the IHS work start and end dates. I have a valid IHS reference number.

[Frontier Mole]

I have zero knowledge of IHS systems so I cannot help you on that front.

From a BRP / vignette aspect your time in the UK starts to tick (for ILR) once you land in the UK. I would not worry too much about an end date being inaccurate. Five years in the UK less 28 days is the point you could claim ILR if that is the long term goal.

As for formal start date with your Sponsor, it is for them to advise UKVI, if you have a valid travel document then you are free to come to the UK at any point during the validity of the 30 day vignette.

[CR001]

How long is your cos for? If it is a 5 year cos then IHS is payable for 5 years as that is the visa you are applying for.

If your cos is 3 years and you paid more, you will likely get the excess paid refunded.

Correction to frontier moles advice about ilr, time starts counting from initial visa issue date for ilr and not date of entry to the UK. ILR can therefore be applied for no sooner than within 28 days before the 5th anniversary of your initial visa issue date. This as the rules stand now. They could change at any time.

[Frontier Mole]

Apologies for the wrong information on when the ILR clock starts

[831212]

@Frontier Mole, no worries! Thanks for your information.

@CR001 Thanks for your input. I have a CoS issued by the UKVI for 3years, which was later amended by my sponsor to 5 years duration.
The sponsor note on the CoS was amended indicating my work dates range of 5 years.

My sponsor said that, changing the sponsor note in the SMS system requires UKVI approval( I am not aware of this ).

You guys have any idea about this?

[831212]

@Frontier Mole, does the UKVI go for a background check in case of the Tier 2 General work visa?

[Frontier Mole]

Ok just getting this straight for my own piece of mind

Your Sponsor changed the work duration from 3 to 5 years by placing a note on the SMS system.... Don’t think that will end well - the visa when / if issued will be for 3 years. There is certain information that “sticks” on a COS and the start date and end dates that create the maximum period for the visa is one of those sticking points. You can’t amend a three 3 year COS to 5 years by updating the note field.

Did you pay for a 5 year visa and IHS?

[Frontier Mole]

@Frontier Mole, does the UKVI go for a background check in case of the Tier 2 General work visa?

Not sure what you mean by background checks, other than verifying the information on the visa application and COS. There is not some big brother data mining for information about you if that is what you mean.

[831212]

@Frontier Mole. I submitted my visa application today. The company paid for a 5 year visa and 5 year IHS cost.
Even I am not sure, if the Sponsor's note on the CoS is meant for such things. I remember reading somewhere that the CoS is amendable.
The company lawyers claim that it is well within the rules to change CoS (work start and end dates) using Sponsor's note(Since once the CoS is allotted to you, you cannot change anything apart from the Sponsor's note section).

Also, the salary on the CoS was less than what was offered to me. The salary offered to me was also updated in the Sponsor's note on the CoS, which is well within the advert range.

As for background check I mean address verification in particular(in India). Yeah I know there is no big data that can be mined for me

[Frontier Mole]

What a mess - I do not see you getting through the application with a five year visa. The employer has mucked up the whole COS and by the looks of it are trying to unpick their mess through wholesale changes through the SMS notes.
The change of dates in the notes will not work as the dates in the COS are fixed, this generates the cost of the COS and any other costs due - immigration skills surcharge as an example. So their contention that everything is fine and it can be done is in my opinion very optimistic.

As for paying for a five year visa etc... that does not supersede the COS. The COS will appear as three years from the original dates then that becomes the maximum period for your visa.

What should have happened is that they should have contacted UKVI to withdraw the COS and it to be reissued so the correct details could be entered. This takes a considerable time to achieve probably why they didn’t go down that route.

[831212]

@Frontier Mole. Ok. Probably that's also one of the reasons why the sponsor did not ask for a re-issue of the COS, since currently the sponsor address change approval is pending as well.
I got CoS on 25th April, Sponsor changed address on 29th April. And for the past 1.5 months (till 4th June) they were trying to sort the address change mess. They have not been able to submit some of the required documents and hence still trying to sort the shit.

Now that I have a look at the ISC payment made by the HR, its only for 2 years. What a mess!

As per you, will I still at least get a 3 year visa and then hopefully extend it to a 5 year period? I was thinking of eventually planning to get a ILR and hence was keen on getting the 5 year visa.

[Frontier Mole]

IHS for two years will only get a two year visa as they have obviously mucked that up too. Trying to work backwards... work start end dates on COS generates IHS cost... therefore they must have set the dates to 2 years? Or a period less than 2.5 years. Thus the maximum visa you will be granted will be in line with the original dates / IHS payment period.

Given the mess and the issues there is a possibility that the visa will be refused. There are just too many mistakes and concerns for the matter to be resolved readily- Sorry

[831212]

@Frontier Mole - No worries. I inquired with the lawyers. They say that the ISC receipt I saw is a payment(TOP UP) made for the extra two years they extended on the CoS. They earlier had already paid 3 year cost.

So now what is your view on it? Also if in the very optimistic case I am granted a visa, how would I verify for how many years have I actually been assigned to?

[CR001]

So now what is your view on it? Also if in the very optimistic case I am granted a visa, how would I verify for how many years have I actually been assigned to?

Your visa will only be issued for what the CoS states. If HO ignore the SMS comment for 5 years, then you will only get a up to 3 year visa.

[831212]

@CR001 Thank you. I think a valid 30 day vignette is issued. So I am not aware from where will I come to know that a 3 year visa is been granted?

Also could you please change me user name to 831212 or roma? I commented in some other thread, I think you haven't noticed it yet.

[CR001]

@CR001 Thank you. I think a valid 30 day vignette is issued. So I am not aware from where will I come to know that a 3 year visa is been granted?

You will be told when you get approval of your visa duration and your BRP card you collect in the UK will be the same.

[831212]

@CR001 Ohk! Thanks! Also thanks for changing my username Appreciated