Tier 2 shenanigans and new rules questions

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 9:31 am

Hi I am from Pune, India.
I was on a student visa from Sept 2008 to Oct 2010.
I attended the college for first year passed with good marks but dropped out in 2nd year (I had paid in full international fees for both the years)
I started to work part time at an agency as part of my education in the summer between 1st and 2nd year the agency later offered me to go full time.
The agency has a sponsorship A rated license since last 3 years and has 1 allocation which they never used. They are a multi-national corporation with more then 250 employees in UK and have advertised the job on their website for last 6/7 months.
When they tried to issue a CoS it wasn't allowed under the 'interim cap'.
We applied for admin review twice and never got an allocation. So we decided to wait for April 6th.
In that process my visa ran out so i had to leave the country and now I come under entry clearance/outside UK application.
Now that rules are changed since today I am unclear on few things which i will ask before letting you know how do I qualify for Tier 2 (general):

Salary: Â£28,000 (the codes of practice need me to have Â£26,000)
Job description: Web Designer
Education: Graduate from India in Fine Arts (my British education was undergraduate and i didn't finish it, it was a foundation degree)
English Language: IELTS 8 given in October 2010
Funds: Yes Â£800 for almost a year in the bank + employer/sponsor is ready to tick the point where it says will you sponsor your employee's first month?
RLMT: Done once in September/October before applying for the CoS under interim cap and currently in process of new RLMT, just in case.
Age: 24

This scores me 40 points for CoS allocation and 75 on old points based calculator

Now the questions:
Do the new rules affect the allocation limits of the employer?
Will my dropping out of college but stayed full visa length matter? (I never did anything illegal in terms of work hrs or anything and I went into one of the best universities, dropping out was a decision I made because I couldnt relate myself to that education)
If my employer applies for CoS today visa sponsorship management system will get into April review or May? (april has 4200 allocations and thn 1500 a month)

Any help is much appreciated.
Thanks in advance :)

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 10:22 am

digital_uk wrote:
Do the new rules affect the allocation limits of the employer?
yes, they effect allocations! Why would you think otherwise!

Will my dropping out of college but stayed full visa length matter? (I never did anything illegal in terms of work hrs or anything and I went into one of the best universities, dropping out was a decision I made because I couldnt relate myself to that education)

so you were here on a student visa but never attended the course for a year? and , basically you were working on a student visa? if thats the case, it doesn't look good from immigration law's point of view.

If my employer applies for CoS today visa sponsorship management system will get into April review or May? (april has 4200 allocations and thn 1500 a month)
you/your employer can ONLY apply under new rules and all the previous allocations will be stripped on 6th of April 2011. and your COS request will be decided by monthly panel, unless your employer has already got the COS. in that case he needs to fulfill code of practice requirements only.

Any help is much appreciated.
Thanks in advance

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 10:27 am

[quote="arsenal49"][quote="digital_uk"]

Do the new rules affect the allocation limits of the employer?
[color=red]yes, they effect allocations! Why would you think otherwise![/color]

Will my dropping out of college but stayed full visa length matter? (I never did anything illegal in terms of work hrs or anything and I went into one of the best universities, dropping out was a decision I made because I couldnt relate myself to that education)

[color=red]so you were here on a student visa but never attended the course for a year? and , basically you were working on a student visa? if thats the case, it doesn't look good from immigration law's point of view.[/color]

If my employer applies for CoS today visa sponsorship management system will get into April review or May? (april has 4200 allocations and thn 1500 a month)[color=red]
you/your employer can ONLY apply under new rules and all the previous allocations will be stripped on 6th of April 2011. and your COS request will be decided by monthly panel, unless your employer has already got the COS. in that case he needs to fulfill code of practice requirements only.
[/color]
Any help is much appreciated.
Thanks in advance :)[/quote][/quote]

So now my employer has to apply for an allocation first and then apply for a CoS? and all that is done in Online SMS (Sponsorship Management System) itself?
Also when I dropped out 2nd year I attended college for half the year and I never worked outside student working hours stated on visa. Especially now that I am here for last 6 months and I will probably apply for a visa in 7th month will that matter? or is it a gray area?

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 11:22 am

its best not to mention anything about you dropped out of your course etc. in ANY visa application!

if your employer is a large employer, they should have requested bunch of COS to be allocated to them after 6th April. If thats the case, then they just need to satisfy requirement for 'Restricted COS' before assigning you one via SMS.

Especially now that I am here for last 6 months and I will probably apply for a visa in 7th month will that matter? or is it a gray area?

if you broke law anytime in the past, and UKBA finds out, then you can be punished for that in your future applications!

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 11:26 am

I am not going to mention that i did drop out but the form asks for previous immigration history.
My employer even being big has no HR and i m not saying no HR in a way that there are 2 people absolutely no HR, I am the HR :P and I dont think my employer must've requested the allocations or CoS within the new rules yet. If we do that today what is the time we are looking at? To get an allocation and a CoS. As i said my employer had license for long time with 1 allocation which they never used. But because of the interim cap even that 1 allocation was blocked and 2 admin reviews didn't help un-block it. So we decided just to wait for april 6th when the rules change.

I am in India and will apply for Tier 2 Gen when i get a CoS.

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 11:27 am

can you find your employer's name on employer's register list?

if they dont have HR, how can they be a sponsor!

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 11:31 am

http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

page 1760 i can see their name : )

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 11:35 am

well if you are happy, im happy

good luck

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 11:37 am

so if my employer applies for an allocation/CoS today what happens next? how much time will it take under new rules? If I am not wrong i wud get verdict on 11th may ?

or does the allocation take different amnt of time and CoS takes a different amnt of time?

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 1:29 pm

my best understanding of the system is...

1) your employer requests unrestricted COS NOW.
2)UKBA makes decision on their request in each monthly panel, next one will be in May 2011.
3)If UKBA is happy with their request, your employer gets a COS on their SMS
4)Employer assigns it to you
5)You apply using that COS
6)If everything works out as planned, you get an entry clearance

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 1:40 pm

so there is no such thing as a fixed amount of allocations now?

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 2:02 pm

if they had requested it in March 2011, then they would have received fixed allocations to be used in April 2011 onwards.

read up on restricted cos for more details

digital_uk · Post by **digital_uk** » Wed Apr 06, 2011 2:05 pm

can they request now?

arsenal49 · Post by **arsenal49** » Wed Apr 06, 2011 6:36 pm

Ash8 · Post by **Ash8** » Thu Apr 07, 2011 10:21 am

arsenal49 wrote:my best understanding of the system is...

1) your employer requests unrestricted COS NOW.
2)UKBA makes decision on their request in each monthly panel, next one will be in May 2011.
3)If UKBA is happy with their request, your employer gets a COS on their SMS
4)Employer assigns it to you
5)You apply using that COS
6)If everything works out as planned, you get an entry clearance

Just wanted to know on the above, will unrestricted COS also be approved after one month, like the ones raised in April will be decided in May. As per my undersatnding, I think they will be issued in few days after they are requested. Please confirm.

arsenal49 · Post by **arsenal49** » Thu Apr 07, 2011 1:29 pm

there is a typo in point 1).. i meant restricted COS

I would imagine, unrestricted COS, will be made available(i.e. ready to be assigned) VERY soon after the initial request but i can't say for sure

jason23 · Post by **jason23** » Thu Apr 07, 2011 1:49 pm

arsenal49 wrote:there is a typo in point 1).. i meant restricted COS

I would imagine, unrestricted COS, will be made available(i.e. ready to be assigned) VERY soon after the initial request but i can't say for sure

http://www.immigrationboards.com/viewtopic.php?t=75542

According to a few people on this the unrestricted COS gets assigned immediately

arsenal49 · Post by **arsenal49** » Thu Apr 07, 2011 1:51 pm

i thought he meant, how long would he need to wait after he has requested unrestricted COS??

do u know?

jason23 · Post by **jason23** » Thu Apr 07, 2011 2:28 pm

arsenal49 wrote:i thought he meant, how long would he need to wait after he has requested unrestricted COS??

do u know?

As far as I know, it is immediate for an A-rated sponsor. It is the sponsor's duty to make sure that the applicant is eligible for an unrestricted COS.

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Tier 2 shenanigans and new rules questions

Tier 2 shenanigans and new rules questions

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