Delay to issue COS for tier 2 visa

[pavan_thampi]

Hello Hammad,

My understanding is that your employer is set to zero allocation with the new immigration cap. At this stage your employer need to request an allocation for you. The application for cos request is only considered by the panel if your visa expires in 60 days. So tell your employer to prepare a robust case to retain you explaining all important factors affecting thier business with out you. And make sure your employer send the request before 25th to be considered for the next panel meeting. Please put more effort into this for sorting out all documents and helping out your hr to prepare the cos request as its not gonna be very easy as it used to be.
Thanks
Pavan
07828424575

[hsyasin]

Hi Pavan,
thanku very much for ur response, it is quite helpful..
ok, theres another thing, my employer said that he'll give me a salary raise on christmass, so while filling out the request for COS, shud he put the new salary in or the old one.
and wat do u think, shud me and my employer go for shortage occupation list or for PSW to T2 option.

[hsyasin]

and which form shud i recommend him to fill and send for COS request,
also, my salary is 21k at the moment, and my employer is willing to cooperate with me to show a different designation or whatever required. So i need an expert advice as to wat shud we do as m already on PSW visa and it expires on 9Feb2011..
another question, shud we send out request excatly 60 days before or roughly 2months before my visa expires?

[umb]

UKBA today refined the criteria for additional COS. Follow the link to find out more

http://www.ukba.homeoffice.gov.uk/sitec ... tional-cos

Also this months panel meeting is delayed till 12th November

Requests for additional certificates of sponsorship are considered by a panel of UK Border Agency managers, who normally meet on the first working day of each month. Because of the introduction of the refined criteria, the November panel will be delayed until 12 November.

Thanks

[geriatrix]

The criteria have been refined to give sponsors greater certainty, by ensuring all requests will be approved if they relate to an extension for a work permit holder or Tier 2 (General) worker already employed by a sponsor.

regards

[pavan_thampi]

Hello Hammad,

Your employer should be showing the salary at the time of the application. Now the exceptional consideration criteria is set to the salary band, that means the more salary you have the chances of being succesfull is more. please visit this link for the lastest update.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am really worried about my situation, My visa expires on 7th and now they have moved the panel meeting date to 12th Nov. I already booked my appointment at croydon on 5th Nov. Today my HR have send an e mail explaining my situation. So I should hear an yes or no before friday.

Please let me know if any one else have the same problem like me.

Many Thanks
Pavan

[alexonly]

Hi Pavan,

I am totally in the same situation as you and my visa expired on the 13Nov.

My company sent in COS application on the 12th October (after sponsor license approved-rejected once). Confirmation by email receipt on 15th October.

HR on holiday today. So don't have the sponsor reference number

Ps.
Changing from PSW to Tier 2 General

Regards,
Alex

[pavan_thampi]

Hello Alex,

Thanks for letting me know about your situation. My HR called immigration this morning and he was told that they are approving all the extensions for work permit holders and tier 2 applicants. And all others (under different immigration category like tier 1 psw) would be considered as new hires and would be considered according to the salary tab. Please follow the link to see the update;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Today my HR faxed my passport copies to immigration for immediate consideration. I will update you as soon as I hear some thing from my HR.

My number is 07828424575 and u could also e mail me on pthampy@dek.com. please can i have your's as well.

Thanks
Pavan

[dr_smmr]

Hello Alex,

Thanks for letting me know about your situation. My HR called immigration this morning and he was told that they are approving all the extensions for work permit holders and tier 2 applicants. And all others (under different immigration category like tier 1 psw) would be considered as new hires and would be considered according to the salary tab. Please follow the link to see the update;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Today my HR faxed my passport copies to immigration for immediate consideration. I will update you as soon as I hear some thing from my HR.

My number is 07828424575 and u could also e mail me on pthampy@dek.com. please can i have your's as well.

Thanks
Pavan

Hi Pavan....

can u please guess about my position and make a reply.
HR already applied for COS and I am waiting for cos to take up job and this is my 1st job.
I never worked in the UK.Would UKBA considering my application as new hires??? or would not consider my application at all...

I am worried.


regards

[ashleyransoo]

Hi All,

Looking at the new policy guidance:

"ranked against the following criteria (starting with the highest ranking):
Salary is at or above £40,000 - A.
Salary is between £36,000 and £39,999.99 - B.
Salary is between £32,000 and £35,999.99 - C.
Salary is between £28,000 and £31,999.99 - D.
Salary is between £24,000 and £27,999.99, - E.
Salary is between £20,000 and £23,999.99, - F.
Salary is under £20,000 (shortage occupations only) - G.
(Note - non-shortage occupations with a salary under £20,000 do not score enough points to qualify under Tier 2 (General))."

The bands sounds unrealistic for bands A. B or even C. If someone could earn that much they wouldn't consider tier 2 but rather tier 1.

Also before looking at the salary bands they first consider shortage jobs apparently. Can someone confirm this please.

Also, it is not clear as to whether PSW should do a Labour Resident Market test since previous policy outlined that PSW's do not need one.

Does any senior member hold further info with regards to this.
Thanks.

[pavan_thampi]

yes you are right, they would consider shortage occupation first. Regarding resident labour market test for psw cases, I dont think the employer need to meet resident labour market test if the employee have worked for a minumum of 6 months. The following is been taken from latest policy guidance as on 1st Nov,

jobs where the resident labour market test does not apply. The test does not apply under • Tier 2 (General) when:
the job is on the shortage occupation list; and/or
the migrant currently has permission to stay in the United Kingdom under Tier 1  (post-study work), the International Graduates Scheme, the Fresh Talent Working in Scotland Scheme or the Science and Engineering Graduates Scheme (see above) and is switching into Tier 2 (General) to continue in the same job he/she is already employed to do immediately before the date of his/her application with the same employer, and where he/she has been employed with the same employer for at least six months directly prior to his/her date of application. (The migrant does not have to be in the same job for the full 6 months).
Thanks
Pavan

[geriatrix]

If you are switching to Tier 2 and awaiting a decision on approval of CoS under exceptional consideration, then resident market labour test (RMLT) is mandatory for non-shortage occupations.

27. For a case to be considered for exceptional consideration, the following conditions must be satisfied:
• The sponsor must be A-rated on all their sponsor licenses on all tiers and categories at the point they submit the request; and
• The number of CoS requested must take into account any available CoS remaining in the sponsor’s existing allocation.
• For non-shortage occupations the sponsor must demonstrate they have already conducted a resident labour market test.

regards

[ashleyransoo]

Pavan is quite right in saying so:

As per UKBA website, PSW do not require Labour market Test.

http://www.ukba.homeoffice.gov.uk/emplo ... arkettest/

Paradoxically, as sudeshmehta quotes, the revised guidance mentions that Tier 1 categories switching to Tier 2 needs one. However, it is not made clear! One should not just assume, I believe, we need confirmation from the UKBA about the diparity in this piece of information which I'm also in the middle of finding out with them.

Will update you guys as I hear from them.

Thanks.

[hsyasin]

Hi Pavan, thank u for the informations..
u seem to have a lot of information regarding T2..
I'll probably call u today sometime, if thats ok with u.

[pavan_thampi]

Hello Hammad,

No problem mate, U always welcome

I finish work at half 5, speak to you 'en.

Thanks
Pavan

[pavan_thampi]

There is some thing going seriously wrong with the immigration at sheffield. They are not picking any calls from employers at the moment and updated the website saying the telephone lines are not working. My employer send all copies yesterday to do an urgent decison since i cannot wait untill 12. My psw expires on 7th and in my case they should either say yes or no to my case atleast by friday 5th. I am going mad and have no clue about whats gonna happen in next few days. My employer is been trying for past 6months to get my cos done. Just 4 working days left for me to do some thing. Please see the following lie from ukba website. If any one can help me out please post your reply.

THEY MADE SOME CHANGE TO THIER CAP CRITERIA YESTERDAY AND FROM TODAY THIER TELEPHONE LINES ARE NOT WORKING. NO OTHER DEPARTMENTS AT IMMIGRATION IS HAVING THIS PROBLEM, JUST TIER 2 DEPARTEMNT LINES ARE NOT WORKING. THIS IS VERY UNFAIR AND INJUSTICE DONE TO THE WORKING MIGRANTS.

http://www.ukba.homeoffice.gov.uk/sitec ... tre-phones

Due to technical difficulties the phone lines for the sponsorship and employers contact centre and the work permit contact centre are not working. We are working to get the problem resolved as quickly as we can and we apologise for any inconvenience that this has caused.

[ashleyransoo]

UKBA is in shambles!

[Genuinealb]

An update,

I have applied for a Tier2 visa without a CoS on the very last day of my visa. I am switching from work permit to Tier 2 for the same employer.
Today they have taken the £475 fee from my account.

Is this a good sign tht they might hold on to my application?

Good luck to you all.

[pavan_thampi]

dont worry, U are definetly gonna be okay. your cos request will be approved as per the new update. It might take some time.

Just to let every one know about my situation, You wont beleive this..

My visa expires on 7th coming sunday. My application should have been considered on 1st. I ringed immigration on 29th oct friday to make sure they are sitting the panel on 1st. I was told by the immigration advisor that they havn't changed the date of panel meeting. On monday morning the ukba postponed the panel meeting to 12 due to some critical changes and on the same update its clearly mentioned they will make urgent decsions for those who can't wait until 12. My hr faxed immigration after this update to consider my application under special consideration as agreed in thier update. yesterday their telephone lines were not working(false update on ukba website for sure) and my hr couldn't get hold of any one. Today my hr contacted immigration and were told they received the fax copy and they didn't agree to do an urgent decision on my case. Everything has gone out of control at immigration and they are putting 1000 into trouble.

Today I cleared my desk and cleaned up my desktop without knowing my application outcome. I am praying that no one should experiance this situation, hope every thing is gonna okay with you guys. I am going back to India for good.

Thanks
Pav
07828424575

[bobtail]

Hi guys!

Got a question but don't want to open a new topic and not very good with the search function. And it's about CoS

Any, my boss got the app for CoS rejected today due to not submitting page 6.
Considering the fact that the November panel meeting has been moved to the 12th, do you think they would let us correct the mistake and take the app in consideration on the 12th cause they said they'll be sending out the letters to ask for more info from the employers?
I highly doubt it, but need more opinions.

Also, if I apply for the next month, we'll have to use the new form which is cool, but do we or don't we? :S

And... job advert was first posted on the May 26th which means it's 6months from then on Nov 26th. Considering the fact that the form should be sent before the 25th, would that be valid then or not? :sigh:

So yeah, I've started everything in May or so and am slightly going insane by now, though not as extremely in a hurry as some. Good luck to those ones.

[ashleyransoo]

Just an update to see if you guys have also got the same.

employer received email asking for more information.

basically asking for job advertised details. It seems like a small labour market test, although as a PSW we should be exempted from this.

http://www.ukba.homeoffice.gov.uk/emplo ... t/#header2

good luck to all of you going through this pain!

[hsyasin]

Hi Pavan,
sorry didnt find enough time to call u, but i really hope u get ur COS or case solved soon

[hsyasin]

Hi all,
need an expert advice, if my employer has already applied for a COS and waiting for a response from HO, and my visa date is going out.
So, can i apply for T2 general without a COS and with a copy of documents showing that my employer has applied for a COS and waiting for response?

[designuk]

Hi all,

I've bee waiting for Nov 1 panel decision about my CoS but no news so far. Did any of you got it? My visa expires on 19th Nov and my question is same; can I apply without the CoS??

[Genuinealb]

I've bee waiting for Nov 1 panel decision about my CoS but no news so far. Did any of you got it? My visa expires on 19th Nov and my question is same; can I apply without the CoS??

November 1 panel has been postponed and is expected to be held on November 12.