COS work end date and visa length

[MarkCa]

Hello,

I applied for defined cos for 5 years (as I would like that person who comes to the UK can stay for 5 years and get ILR).

However, he would like to come for 3 years and then 3 more years (to save some visa fees until he starts working here and earns more money).

Therefore, COS has start date in 2022 and end date in 2027, while applicant would apply for visa until 2025.

Is this possible and is there anything I (as employer) should do about this?

In the visa application, applicant has to chose is his COS for 3 years or less or more than 3 years. If he choses more than 3 years, he doesn't have the option to get 3 year visa (it automatically selects 5)

Thanks!

[manci]

is there anything I (as employer) should do about this?

Provided the status of the CoS is still shown in the SMS as "assigned" add a sponsor not amending the work end date to 2025

[MarkCa]

Ok, understood. Yes, status is assigned, however when I had to assign it I had to pay immigration skill surcharge, which I paid for 5 years.

Can you please let me know if I will receive refund and at what stage should I ask for a refund? Is it after the applicant applies for visa and receives it?

Thanks!

[manci]

Can you please let me know if I will receive refund and at what stage should I ask for a refund? Is it after the applicant applies for visa and receives it?

You should receive the refund automatically within 90 days after amending the CoS but suggest to also send an email to the Business Helpdesk (businesshelpdesk@homeoffice.gov.uk) requesting the refund pointing out the change in the work period.

The ISC is tied to the CoS, not to the visa, but if the worker doesn't apply within the validity of the CoS, or his application is refused, you'll get a full refund.

The details are spelt out here:
https://assets.publishing.service.gov.u ... rocess.pdf

[slpr200]

Hi

Please can someone advise,

1) one of my cousin's friend received a CoS (Health care assistant) for 3 years instead of 5 years. He contacted his employer about this matter but the employer is not sure whether it can be changed?

2) He got the CoS document, can he apply by himself or does he have to go with a solicitor, the reason he asked me it is very straight forward application.

Thank you so much.

LR

[manci]

PLEASE DON'T TAG ON YOUR QUESTIONS TO SOMEONE ELSE'S POST IN FUTURE

1) one of my cousin's friend received a CoS (Health care assistant) for 3 years instead of 5 years. He contacted his employer about this matter but the employer is not sure whether it can be changed?

Provided the status of the CoS is still shown in the SMS as "assigned" the sponsor can add a sponsor note amending the work end date. They should know this if they are registered sponsors. Ask them to refer to the guidance.

2) He got the CoS document, can he apply by himself or does he have to go with a solicitor, the reason he asked me it is very straight forward application.

No, he cannot. Only the sponsor can amend a CoS

[slpr200]

Sure, noted.

Thank you very much.

[MarkCa]

Can you please let me know if I will receive refund and at what stage should I ask for a refund? Is it after the applicant applies for visa and receives it?

You should receive the refund automatically within 90 days after amending the CoS but suggest to also send an email to the Business Helpdesk (businesshelpdesk@homeoffice.gov.uk) requesting the refund pointing out the change in the work period.

The ISC is tied to the CoS, not to the visa, but if the worker doesn't apply within the validity of the CoS, or his application is refused, you'll get a full refund.

The details are spelt out here:
https://assets.publishing.service.gov.u ... rocess.pdf

Thanks for detailed response!

How can I amend the cos?

I have attached the screen that I have. If I press "sponsor note", then I can just type note. How can I make sure that Defined COS is changed from 5 years to 3 years? Should I do something or only write a note there that I would like Defined COS to be for 3 years?

[MarkCa]

I don't have edit option anymore, but here are two more screenshsots.

[manci]

Should I do something or only write a note there that I would like Defined COS to be for 3 years?

Yes, write the sponsor note in the space provided specifying the amended work end date you want

[MarkCa]

Thanks!

Probably final question then, should I:

1. wait for them to respond to my note somehow (email or note) to it so I have confirmation that it has been accepted?

2. Should the applicant just chose that his COS is for 3 years (although it says 5) and I can add a signed note to his application that they can see my note in sms system (and they will be able to see the note in sms system as well)?

3. Is there any chance that UKVI doesn't like this and they say something like "we allowed for 5 years because you asked for it so now 3 years is not something we approved and therefore this application is rejected"?

Just to clarify, I am not specifically asking that anyone confirms that this will not happen (obviously a million things can happen with UKVI), but were there any people on this forum who did this (just add a sponsor note without getting confirmation from Home Office that it is ok) and then obtained visa based on this? Are there any topics like that on this forum?

Thanks!

[manci]

1
After you submitted the sponsor note check on the SMS if the amended work end date has been implemented. I'm not sure how long they'll take processing it but if it is not done, say, within a couple of days call the UKVI employer helpline 0300 123 4699
2
No, the migrant should only apply once the CoS has been amended otherwise if his application is granted he'll get a 5 year visa and will have to pay the corresponding visa fee and IHS
3
No

[ywlgy]

I don't think the work end date on CoS will be changed by UKVI, unless withdrawn and a new one issued. The purpose of sponsor note is so that the caseworker will consider it when making decision and whatever is written there takes precedence over any other contradictions.

You can confirm with helpdesk about this.

I've added sponsor notes about other things. There wasn't any confirmation and no problem met.

[manci]

I don't think the work end date on CoS will be changed by UKVI

From the UKVI guidance for sponsors
https://www.gov.uk/government/publicati ... le-version

S3.25. You can use the sponsor note field to amend, update or clarify information such as work start or end dates, salary details, or working hours.

[ywlgy]

I don't think the work end date on CoS will be changed by UKVI

From the UKVI guidance for sponsors
https://www.gov.uk/government/publicati ... le-version

S3.25. You can use the sponsor note field to amend, update or clarify information such as work start or end dates, salary details, or working hours.

I am not saying the date cannot be changed by adding sponsor note. I meant the "Work end date" field on the issued CoS would not be changed just because the sponsor note was added. UKVI will not correct mistakes on CoS according to the sponsor note, but only consider what has been included in the sponsor note. Correct me if you've seen any fields on CoS changed by UKVI as below.

After you submitted the sponsor note check on the SMS if the amended work end date has been implemented.

[MarkCa]

Thank you both for your answers!

So just to clarify, based on sponsor note, even if there is an old date, UKVI will not make an issue out of it? If COS says 5 years but note later clarifies 3 years and application for skilled worker is for 3 years, UKVI cannot say that this COS and application do not match?

I am aware that there is same criteria for granting COS on 3 or 5 years (salary, etc), so this shouldn't be an issue, but I am really not sure. Were there any examples on forum who changed application length based on note only?

Also, applicant needs to provide COS certificate as part of his skilled worker application to UKVI. Will sponsor note be printed on the COS (once it has been added) so UKVI cannot "miss" the note?

[ywlgy]

I would recommend asking UKVI directly whether duration can be changed by sponsor note. I've only used it to correct other errors.

Sponsorship, employer and education helpline
Telephone: 0300 123 4699
Monday to Thursday, 11am to 3pm

After you add the sponsor note, you can generate a new pdf of CoS to give to the applicant for their record. But they do not need to submit the pdf as part of application, because UKVI can see it electronically, and won't miss the note in most of cases.

[MarkCa]

Thanks!

And new pdf (generated after the note has been added) will contain the note once created?

Also, can note be removed after it has been added?

[CR001]

And new pdf (generated after the note has been added) will contain the note once created?

Yes.

Also, can note be removed after it has been added?

Why?

[MarkCa]

Thanks again!

Regarding removal - I just want to know in case of typos or further updates or anything like that.

[MarkCa]

Hello,

We have decided that applicant will apply for full 5 years (as his COS states) since it seemed safer option. We received response from Business helpdesk that we can add a note but that they cannot guarantee that change to 3 years will be approved by case officer.

I am aware that they have to say this to indemnify themselves, but regardless, we decided to go with 5 years.

Since we lost some time waiting for responses from business helpdesk, and since there is no priority, it is obvious that applicant will not be able to arrive to the UK on his COS start date. He made the application a few days ago and he is giving biometrics tomorrow. His COS job start date is 20th of May. He will hopefully receive his visa around 5th of June.

Should I add any note that we as a company are ok with him coming to the UK 2-4 weeks after his COS start date?

Also, his COS job end date is 19th of May 2027. If he gets his visa a bit later (let's say 7 weeks from now), he will not have 5 years minus 28 days until that date to qualify for ILR. Will his visa end date therefore be after his cos end date so he can apply for ILR?

Basically, will he receive full 5 year visa regardless of his COS end date?

Thanks!

[CR001]

The visa end date will still be the cos end date plus 14 days. This is regardless of the date the visa starts.

[MarkCa]

So what happens if someone gets visa late and doesn't have 5 years minus 28 days to qualify for ILR?

Is there any loop-hole that could be used?

[CR001]

No loophole. The person would need a cos to apply for an extension if they are short for ILR.

[MarkCa]

That is terrible.

And then they would need to pay for 3 more years on visa and IHS or it can be shorter period?