CoS rules revise on 31st March??

[sooyeshun]

Hi there,
My employer phone up UKBA because they need to obtain a CoS so I can apply my Tier 2 General. My current PSW will be expire on 14th April 2011.

I need to have everything done before June as I'll need to fly home for my sis's wedding.

What the person told my employer was we are not allowed to apply until 31st March because new rules will be implemented for visa after that.

"as your post starts after the 31/03/11, we cannot submit a paper COS as they are unsure what changes will be implemented after the 31st March. He said that we will be informed of our annual COS allocation at the end of March or beginning of April and that if allocated a certificate, we can assign this automatically online without submitting a paper COS form, therefore you could proceed with your personal visa application promptly. However, he said that there is no guarantee that we will be allocated any certificates and that if we were allocated 0, we would have to apply for more, and again there would be no guarantee that we would be granted any. I asked if there were any special measures in place for people like yourselves whose current visa is due to expire shortly and he said no. "


Please advice me what can I do and is there any other alternative?
Please help..

[arsenal49]

yes,

get your employer to write start date of Job on COS to be 31st March! as long as start date is before 31st March... you should be able to submit an app under current rules.

cheers

[clippedw]

yes,

get your employer to write start date of Job on COS to be 31st March! as long as start date is before 31st March... you should be able to submit an app under current rules.

cheers

Im pretty certain you must provide the start date as the date which your current visa expires. This is stated in the additional COS request form and i quote:

"You must give the ‘Anticipated start date’ as the date
following the leave expiry date. Please note that
you must not request a CoS for posts where the
anticipated start date is after 31st March 2011"

Also you are made to provide copies of your passport and visa pages so im afraid there is no going around this one.

[sooyeshun]

which mean I cant do anything until 31st of March or early April?
during that time if I apply will take around 3 months and I have fly off during June for 2 weeks for my sis's wedding.

any advice please?

[arsenal49]

yes,

get your employer to write start date of Job on COS to be 31st March! as long as start date is before 31st March... you should be able to submit an app under current rules.

cheers

Im pretty certain you must provide the start date as the date which your current visa expires. This is stated in the additional COS request form and i quote:

"You must give the ‘Anticipated start date’ as the date
following the leave expiry date. Please note that
you must not request a CoS for posts where the
anticipated start date is after 31st March 2011"

Also you are made to provide copies of your passport and visa pages so im afraid there is no going around this one.

but psw guidance states that psw-holders should change to different category as soon as they are able to. So, i think its OK for psw holders to apply well BEFORE the leave is going to expire.

any comments on that?

cheers

[arsenal49]

Following is the quoted text from guidance document.

Section B

Complete the table in this section if you currently employ a migrant under either a Tier 2 (General) CoS or Work Permit, where the migrant’s leave will expire within the next 60 days, and you wish to extend their leave. Please note that you must not request a CoS for extensions of leave that expire after 31st March 2011 or posts where the anticipated start date is after 31st March 2011.
Requests for Certificates of Sponsorship to extend the leave of migrants employed in any other category are considered as requests for new posts and details must be given in Section C and/or D.
IM
PORTANT NOTE – You must provide copies of the photograph and personal details page and current visa pages from the migrant’s passport. Failure to submit these documents will result in the application being rejected and you will be required to resubmit a fully completed application.

As you can see its only relevant to those whoa re applying for extension of tier 2 visa and not for "NEW" applications

hope that clears the confusion

cheers

[sooyeshun]

arsenal,

Where did you read that psw holders must switch to Tier 2 General ASAP?

So I can further investigate and let my employer knows about it

[clippedw]

Following is the quoted text from guidance document.

Section B

Complete the table in this section if you currently employ a migrant under either a Tier 2 (General) CoS or Work Permit, where the migrant’s leave will expire within the next 60 days, and you wish to extend their leave. Please note that you must not request a CoS for extensions of leave that expire after 31st March 2011 or posts where the anticipated start date is after 31st March 2011.
Requests for Certificates of Sponsorship to extend the leave of migrants employed in any other category are considered as requests for new posts and details must be given in Section C and/or D.
IM
PORTANT NOTE – You must provide copies of the photograph and personal details page and current visa pages from the migrant’s passport. Failure to submit these documents will result in the application being rejected and you will be required to resubmit a fully completed application.

As you can see its only relevant to those whoa re applying for extension of tier 2 visa and not for "NEW" applications

hope that clears the confusion

cheers

Well all i know is my employer enquired and was told to provide these copies despite telling them i was switching from PSW. They said it may be rejected otherwise so we provided it to be on the safe side. I may be wrong but it is from my personal experience

[arsenal49]

arsenal,

Where did you read that psw holders must switch to Tier 2 General ASAP?

So I can further investigate and let my employer knows about it

somewhere on UKBA website... i had a quick look around but couldn't find it.. but you are definitely suppose to change your category as soon as possible as per guidance of UKBA

cheers

[arsenal49]

Following is the quoted text from guidance document.

Section B

Complete the table in this section if you currently employ a migrant under either a Tier 2 (General) CoS or Work Permit, where the migrant’s leave will expire within the next 60 days, and you wish to extend their leave. Please note that you must not request a CoS for extensions of leave that expire after 31st March 2011 or posts where the anticipated start date is after 31st March 2011.
Requests for Certificates of Sponsorship to extend the leave of migrants employed in any other category are considered as requests for new posts and details must be given in Section C and/or D.
IM
PORTANT NOTE – You must provide copies of the photograph and personal details page and current visa pages from the migrant’s passport. Failure to submit these documents will result in the application being rejected and you will be required to resubmit a fully completed application.

As you can see its only relevant to those whoa re applying for extension of tier 2 visa and not for "NEW" applications

hope that clears the confusion

cheers

Well all i know is my employer enquired and was told to provide these copies despite telling them i was switching from PSW. They said it may be rejected otherwise so we provided it to be on the safe side. I may be wrong but it is from my personal experience

when is your psw visa expiring? did you wait until the last 60 days before making an application?


they might need to see visa papers etc. but that doesnt mean they will refuse your app just because you have more than 60 days leave on your psw visa.

cheers

[arsenal49]

arsenal,

Where did you read that psw holders must switch to Tier 2 General ASAP?

So I can further investigate and let my employer knows about it

somewhere on UKBA website... i had a quick look around but couldn't find it.. but you are definitely suppose to change your category as soon as possible as per guidance of UKBA

cheers

found it....

Code: Select all

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/poststudy/

What is Tier 1 (Post-study work)?

The Tier 1 (Post-study work) category allows the UK to retain the most able international graduates who have studied here. It also enhances the UK's overall offer to international students.

During their permission to stay here, post-study workers can look for work without needing to have a sponsor.

The category provides a bridge to highly skilled or skilled work. If we give you permission to stay as a post-study worker, we expect that you will switch into another tier of the points-based system as soon as you can.

[sooyeshun]

I'll try to call them and reply here later..
I guess PSW Tier 1 is already no longer in play in this Visa game..

[geriatrix]

An applicant may switch (i.e.- make an in-country application for leave to remain) from one immigration category to another as and when he/she can and wishes to ... before the expiry of current leave.


regards

[sooyeshun]

[quote="sushdmehta"]An applicant may switch (i.e.- make an in-country application for leave to remain) from one immigration category to another as and when he/she can and wishes to ... before the expiry of current leave.


regards[/quote]

Hi, so do i fall into this category??
I've told my employer what arsenal said there and they decide to give it a go
They said it's highly get rejected but at least buy a chance

[arsenal49]

An applicant may switch (i.e.- make an in-country application for leave to remain) from one immigration category to another as and when he/she can and wishes to ... before the expiry of current leave.


regards

Hi, so do i fall into this category??
I've told my employer what arsenal said there and they decide to give it a go
They said it's highly get rejected but at least buy a chance

tell them 60 days limit is for those applicants who are on any visa BUT psw. You dont have to wait for your current leave to expire when making an application for switching immigration category from PSW to tier 2

You will NOT be rejected just because youa re applying early. trust me on that.

cheers

[ratapita]

Glad I found this!

sooyeshun be glad!- my Visa expires on 09 April and you can imagine the soup i'm in!!!

I have tried to get my employer to apply for the CoS before 19 July 2010 when the interim limit was put into place and they were telling me I was too early! and didn't pay attention to the web page fromn the UKBA as they seem to be under the steriotypic impression that all Visa's has to be applied only 6 months before the current one expires. This has been an ongoing issue with my Managers and Department supporting me all throughout while HR is being adamant they will not apply for my CoS until 4th April 2011- This was when the current limit was supposed to lift by 31 March 2011. I have a bad feeling that they will have to delay it further as now the interim limit goes on till 5th April. Does anybody have any advice regarding what to do if I am not able to obtain the CoS before my visa expires?

Thanks a lot.

[sooyeshun]

I've asked my human resource department in my office,

she came back with this answer
"We have submitted all of the necessary information and, apparently, under the new system CoS will be automatically allocated on the 6th April. We then have to use the Information Management System to allocate the CoS. So we cannot do anything until the 6th April. "


How do you think??

My visa is expiring on the 15th of April and I manage to do a booking PEO on the 14th April (very lucky).

I'm very afraid now, I wish I can get CoS by 13th April ...and attend to the appointment on 14th.

p.s In my senario, I [b]need[/b] to travel on the June. If I hand in my passport and by June if they haven't able to done it for me. I need to revoke the application. Does that mean I'm consider as an overstayer? And wouldnt be able to enter UK in near future?

Any suggestion. Please understand my situation..

[arsenal49]

ask your employer if they ave already submitted request for "unrestricted COS"

They should have done it BEFORE 11th March cuz that was the deadline set by UKBA for un restricted COS requests to be allocated on 6th April.

If they indeed have, then your employer will have COS available to them on 6th April which can be assigned pretty much on the same day!

If tehy havent, then your employer will have 0 allocations on 6th April and then they will need to apply for unrestrcited COS, which SHOULD not take more than couple of days but you never know!

cheers

[sooyeshun]

yea, I've seen they have submitted "unrestricted CoS"
It's like a small excel spreadsheet name as 'Unrestricted CoS and ICT Returns'

If that's it, they have done it on 7th/March

I really hope to get it on the 6th April ...

Thanks arsenal49, you made my day

[sooyeshun]

HI Thanks everyone!!
I've got my visa and I guess pure luck.

On the 6th of April, my company obtained CoS for me
I have an appointment with UKBA on the 14th of April (visa running out at 15th April - Tier 1 PSW)

8am appointment in Croydon and have to arrived at 7.30am.
Paid £850 and did biometric first and later have my detail processed. That takes awhile and after that I was asked to leave and come back later.

1pm (3 hours later) I went back and got my passport back! It was approved. I am still not allowed to get out of the country without the biometric card. I was told that it will arrive at 7-10 working days. But in fact I got it on Monday (1 to 2 working days)!

[psychic]

Hi sooyeshun

Can you please post the job title and salary which you used for the application?

Thanks