CoS assigned with wrong subcategory - help!

[thecatsaysmew]

My employer assigned a CoS with the wrong subcategory - student route (but I am on graduate route.) The CoS number is already assigned. How do I amend this? All other information is correct. Please help!

[AmazonianX]

My employer assigned a CoS with the wrong subcategory - student route (but I am on graduate route.) The CoS number is already assigned. How do I amend this? All other information is correct. Please help!

Contact or alert employer to amend or correct this. They have access to the appropriate quarters in the Home Office and can also include a Sponsor's note about this.

[thecatsaysmew]

Contact or alert employer to amend or correct this. They have access to the appropriate quarters in the Home Office and can also include a Sponsor's note about this.

Thank you for your answer! Everywhere I’m reading that it’s not enough to add a sponsor note for this - but that might have to cancel and start again. But I’m worried that then my employer will lose the CoS allocation!

[AmazonianX]

Contact or alert employer to amend or correct this. They have access to the appropriate quarters in the Home Office and can also include a Sponsor's note about this.

Thank you for your answer! Everywhere I’m reading that it’s not enough to add a sponsor note for this - but that might have to cancel and start again. But I’m worried that then my employer will lose the CoS allocation!

Have you brought this to employer's attention at all? Asked them how to proceed?

[Frontier Mole]

It is not resolvable by trying to use the existing COS, it should be withdrawn and the correct category COS issued.

[manci]

My employer assigned a CoS with the wrong subcategory - student route (but I am on graduate route.)

Are you switching from a Graduate visa to a Skilled Worker visa?
On the CoS what exactly is given as route category/sub -category? (please copy)

[thecatsaysmew]

Are you switching from a Graduate visa to a Skilled Worker visa?
On the CoS what exactly is given as route category/sub -category? (please copy)

Yes. I am switching from a Graduate Visa to a Skilled Worker one. The category given now says “switching as graduate from Tier 4/Student Route to Skilled Worker” which I found out is incorrect. My employer said they will contact the Home Office to find out what can be done but I am just anxious that is taking more time. Is the only way reissuing a new CoS? They need to sponsor another employee as well but only have an allocation of 2. Will withdrawing mine have a consequence? I only have 2 more months on my visa.

[manci]

Assuming that you were previously on a T4 student visa and on completion of your studies obtained a Graduate visa there is nothing wrong with the description in the CoS "switching as graduate from Tier 4/Student Route to Skilled Worker"

Confirmation that you are being treated as a Graduate visa holder would that the HO do not ask you to provide evidence for having completed your studies (because they already have that evidence). T4 student visa holders switching to SW have to provide such evidence

[thecatsaysmew]

Assuming that you were previously on a T4 student visa and on completion of your studies obtained a Graduate visa there is nothing wrong with the description in the CoS "switching as graduate from Tier 4/Student Route to Skilled Worker"

Confirmation that you are being treated as a Graduate visa holder would that the HO do not ask you to provide evidence for having completed your studies (because they already have that evidence). T4 student visa holders switching to SW have to provide such evidence

I think that was the logic, however under that category, there was no ISC taken, but from what I understand, Graduate Visa holders need to pay ISC for SW. I think then that means that the CoS is incorrect? Thank you for taking the time to answer!

[manci]

Graduate Visa holders need to pay ISC for SW

The ISC is paid by the sponsor, not the visa holder, and there are various exemptions, see
https://assets.publishing.service.gov.u ... rocess.pdf

[thecatsaysmew]

The ISC is paid by the sponsor, not the visa holder, and there are various exemptions, see
https://assets.publishing.service.gov.u ... rocess.pdf

Yes - but research on categories show that Graduate Visa holders are liable to pay ISC by the sponsor, but since student route category was chosen, and that is incorrect, they did not pay ISC. They would need to pay ISC for my visa. My question is, is there any way to amend this and pay ISC without losing the CoS allocation? As my employer was only rewarded with 2 CoS and if I need a new one issued with the correct category, I am worried one will be lost. My employer needs to sponsor two employees, me included.

[manci]

If, repeat if, your sponsor was liable for ISC but didn't pay it the fallback position according to the SMS guide would be:

https://www.points.homeoffice.gov.uk/gu ... elpLink-03

If you assign a CoS in an ISC exempt category when none of the above conditions apply, your sponsored worker's application will be delayed and we will contact you for the outstanding payment.

[thecatsaysmew]

This was helpful - thank you! Would you happen to know anyone this has happened to, before? I want to just be sure that my visa application isn't refused right out! If they contact my employer to pay the ISC charge later, it's fine. I also know that it doesn't matter how long they take the make a decision as I will retain the right to work if I apply before my current visa ends.

[manci]

Have you be working for the same employer on the Graduate visa as the one who is now sponsoring you for the SW visa and if yes in the same role?

[thecatsaysmew]

Have you be working for the same employer on the Graduate visa as the one who is now sponsoring you for the SW visa and if yes in the same role?

Yes to all points on this question!

[thecatsaysmew]

And just another note to add - my employer contacted the HO and they said we would need to apply for another undefined CoS (although the guide does mention that the sponsor can be contacted if issued on the wrong category), but a granting another undefined CoS takes up to 18 weeks, which is time I don't have!

[Frontier Mole]

Your employer can use the priority service to apply for additional COS - the issue there it is a very limited service and insanely difficult to get a spot.

[manci]

Mon Aug 28, 2023 11:16 am
Have you be working for the same employer on the Graduate visa as the one who is now sponsoring you for the SW visa and if yes in the same role?
Yes to all points on this question!

in that case, although the wording is not 100% clear, there is probably no ISC to pay by the sponsor. See the list of exemptions in the link I provided earlier

Sponsors are not required to pay the ISC when sponsoring skilled workers:
.........................................................................
switching from study route, and also those that initially switched from study
route and are now extending their permission to remain in the same role with
the same sponsor

[manci]

my employer contacted the HO and they said we would need to apply for another undefined CoS

Are you sure that your employer fully explained the circumstances to the HO? In particular that initially you switched from the study route to Graduate and are now applying to extend your permission to remain in the UK as a skilled worker with the same company you worked or are working for as a Graduate and in the same role?

[thecatsaysmew]

Are you sure that your employer fully explained the circumstances to the HO? In particular that initially you switched from the study route to Graduate and are now applying to extend your permission to remain in the UK as a skilled worker with the same company you worked or are working for as a Graduate and in the same role?

I think the confusion is because I have been with the employer for only a year on my Graduate Visa (not student visa), and I am acquiring a SWV for the same job (my contract is permanent, literally switching to SW because my current visa is going to end). I will ask my sponsor to add a sponsor note mentioning the same, and go ahead and apply for my visa. Hopefully if they need ISC, they will just contact my employer. Thanks @manci for bringing this to my notice!

[thecatsaysmew]

For reference to anyone else who might be looking for some help with this, here is the guidance I wish I had seen earlier which explains what the sub-categories mean, on page 46: https://assets.publishing.service.gov.u ... 1.0___.pdf

I am hoping since the only thing wrong with my application is that my sponsor chose the wrong sub-category, that the Home Office will contact my sponsor and ask them to pay the ISC which is outstanding. I will keep the thread updated once I hear back about the decision.

[BeccaBC]

Hi,

My situation is exactly the same as you except that I have submitted the application with the CoS with wrong tier category.

I submitted my application switching from Graduate route to SWV on 11 Aug. Paid for the priority service. Got an email from the HO saying that my sponsor is liable for ISC. There would be delay until my sponsor settle the payment. That was the time I realised my sponsor put the wrong subcategory in.

My employer paid the ISC the day after. No further action required. Haven't heard from HO since then. It has been 12 working days since I applied and 8 working days since my sponsor settled the ISC. I also found other people with similar cases, all of them experience at least one month delay. (Sample size ~ 5 people, all recent cases)

I rang up UKVI and they have been very unhelpful. No one can advise on the timeline/confirm the payment/advise on the next steps.

I also consulted lawyer on my situation. They think I will be fine getting a visa but just a matter of time. The waiting can be extremely frustrating and anxious if you have travel plan ahead like me.

Hope it helps.

[thecatsaysmew]

My situation is exactly the same as you except that I have submitted the application with the CoS with wrong tier category.

Hi, thank you so much for sharing your situation! I am so glad to hear that HO contacted the sponsor about the ISC and the ISC was paid. I also went ahead and submitted my application. Since I am in the UK and applied a few months before my current visa expires, I know that the decision can be delayed for a long as it needs to be and I will still retain my right to work etc. Thankfully I don’t have any travel plans ahead - hopefully you get yours on time. Thanks also for providing the timeline of how long you’ve been waiting. UKVI helpline was quite unhelpful for my sponsor as well because they kept saying we need to get another undefined CoS which can take up to 18 weeks to be granted!! With the graduate visa also being such a new thing, I think it’s important they remove the word “graduate” from the switching immigration category to avoid confusion.

[manci]

This post may be of interest:
uk-skilled-worker-visas/can-cos-start-d ... 39701.html

COS was issued under a wrong category. Employer informed homeoffice and the COS was cancelled and the slot was given back to employer

[yedhuraj_vijayan]

My situation is exactly the same as you except that I have submitted the application with the CoS with wrong tier category.

Hi, thank you so much for sharing your situation! I am so glad to hear that HO contacted the sponsor about the ISC and the ISC was paid. I also went ahead and submitted my application. Since I am in the UK and applied a few months before my current visa expires, I know that the decision can be delayed for a long as it needs to be and I will still retain my right to work etc. Thankfully I don’t have any travel plans ahead - hopefully you get yours on time. Thanks also for providing the timeline of how long you’ve been waiting. UKVI helpline was quite unhelpful for my sponsor as well because they kept saying we need to get another undefined CoS which can take up to 18 weeks to be granted!! With the graduate visa also being such a new thing, I think it’s important they remove the word “graduate” from the switching immigration category to avoid confusion.

Hi , I am in this same situation (Same Wrong COS Category for Graduate Route to Skilled Worker). Can i know how did the UK VI contact your sponsor? What is the current status of your application?