Tier 2 - CoS Query

[silverchloride]

I recently got a job offer from a leading university. Previously on a Tier 4, the HR Department had suggested that I go through the Tier 2 route rather than applying for a PSW.

I've been told that HR have now applied for obtaining a certificate of sponsorship on my behalf and would know of its outcome by Mid- August. They haven't asked me for any more details or supporting documents, I'm kinda worried cos its a long wait, and they've told me that I shouldn't give notice to my current employer unless I know the outcome.


Is the waiting period normal? Since I was offered the position on the 18th of July.

What are the chances that I would get a CoS? The University is A rated sponsor and quite a big player in the Higher Education Sector.

They advertised the post and interviewed both local and European candidates - Does that mean I've passed the resident labour test?

Also, having studied at the same university for two years, and also working for them part-time last year. Would this make any difference?

Do please share your thoughts. I'm not sure if this post belongs to the TIER 2 forum or not, since I'm switching from Tier 4. But would appreciate any help or suggestions.

Best Regards,

[arsenal49]

go, ask HR these questions.

ask them, what they r doing RIGHT NOW? WHEN would you need to apply for tier 2? etc etc

how would we know answers to your queries?

[njzy]

Hi silverchloride,

I have a similar situation as yours.

I've been offered a job on 7th July, the response I got from the HR of my new employer is as follows:

- Submit application for a certificate of sponsorship – 5th August
- Hear back on this by 12th August
- By 9th September the tier 2 visa should be granted (it takes approx. 4 weeks from the date of the certificate of sponsorship being granted to getting the actual visa approved)

They started residential labour market test just after the interview but before offering me the job. They don't have any COS at the moment, and will only start applying for one after the RLMT has completed. I don't know whether it is necessary, but they seemed quite experienced.

Also I learned from many other posts, that unrestricted COS will be granted instantly, but the HR did allow a week in their estimate.

Please let us know if you have any progress with your application. Hope it will work out for you.

[silverchloride]

Thanks njzy,

I didn't contact the HR as yet, as I did email the panel who interviewed me/notified me of the outcome and he told me that HR is currently in process of applying for a CoS for me, and they would get to know about the outcome till Mid-August. If it is successful, then they'd get in touch with me to tell me about the future course of action.


After reading through the previous posts/doing some research. I guess my case would be decided on the UKBA meetings on the 12th of August like you said? But what is confusing me is that I should be entitled for the 'Unrestricted CoS' since I'm an in-country applicant and previously on Tier 4, studying in the same university.


Also, I'm quite worried about the RLMT, Or maybe I'm freaking out too much. I could've applied for the PSW and started the job, but HR adviced that I go by the Tier 2 route so I guess they'd know better.

In terms of the RLMT, is a normal job advert > interview > selection procedure enough or does it require other things too?


Thanks so much for your help! I'm very worried as its perhaps one of the most critical phases of my life.. Hope everything works out well for me, and you as well All the best!

[madona587]

If you get PSW you're secured 2 years visa. In this time you will have time to find a good job. But at the same time getting a TIER2 is better cause while you're at psw you never know what changes they will bring to TIER2 in future. But you're restricted to working with only this employer and wont have the flexibility as PSW. Then again with TIER2 you can extend your visa.

Argh.. If you're worried about the RLMT and worried you might not get a TIER2 .. Go for PSW. Then after 6 months apply for TIER2 (They will have plenty of time to register and obtain a COS for you)

[silverchloride]

Thanks madona587,

I was reading up on RLMT and I think I do satisfy the conditions of it since the job was well advertised, etc and a lot of people were interviewed since its one of the major Universities in the country. Am I correct?

[arsenal49]

TIER2 is 100 times better than post study visa.... if you are planning to stay in uk long term!

'flexibility' in psw is not really a flexibility as its a fixed term visa with no long term alternative!

[silverchloride]

Yes indeed. I am planning to stay here and hopefully if this works out, it would be very good.

Do you think I have satisfied the RLMT?

[madona587]

TIER2 is 100 times better than post study visa.... if you are planning to stay in uk long term!

'flexibility' in psw is not really a flexibility as its a fixed term visa with no long term alternative!

I agree.

[Aryan2013]

TIER2 is 100 times better than post study visa.... if you are planning to stay in uk long term!

May be a combination of PSW+T2 is a better idea coz with T2, you can only stay 5 years max, if you are not "exceptional" but if you add your PSW to T2, you can stay 7 years.

[Aghosh]

Hi All,

I have the following query reg Tier 2 (Gen)-

I have been told by the company HR that although, the company has Tier 2 COS available , but, it's only for Intra Company Transfer candidates.

Does that mean -

1. The COS issued by the Home Office has a pre-specified category (e.g. General/ICT etc.) or,

2. It's the company's decision not to sponsor my case under Tier 2 (general) (giving preference to potential ICT cases in future)


Many Thanks!

[arsenal49]

Yes indeed. I am planning to stay here and hopefully if this works out, it would be very good.

Do you think I have satisfied the RLMT?

without going in any detail... i would imagine uni guys knows a thing or two about RLMT. and i would trust them to do their job properly...

however, for your peace of mind, find a SOC code in code of practice and see how rlmt can be conducted for this particular job. Then compare it with the procedure uni followed. there should be a match. if thats the case, then you can be fairly sure your uni has satisfied rlmt requirements

[arsenal49]

Yes indeed. I am planning to stay here and hopefully if this works out, it would be very good.

Do you think I have satisfied the RLMT?

without going in any detail... i would imagine uni guys knows a thing or two about RLMT. and i would trust them to do their job properly...

however, for your peace of mind, find a SOC code in code of practice and see how rlmt can be conducted for this particular job. Then compare it with the procedure uni followed. there should be a match. if thats the case, then you can be fairly sure your uni has satisfied rlmt requirements

[arsenal49]

Hi All,

I have the following query reg Tier 2 (Gen)-

I have been told by the company HR that although, the company has Tier 2 COS available , but, it's only for Intra Company Transfer candidates.

Does that mean -

1. The COS issued by the Home Office has a pre-specified category (e.g. General/ICT etc.) or,

2. It's the company's decision not to sponsor my case under Tier 2 (general) (giving preference to potential ICT cases in future)


Many Thanks!

Tier 2 general is better than tier 2 ICT in my opinion.

it might be easier for your company to obtain tier 2 ict rather than tier 2 general.

[silverchloride]

without going in any detail... i would imagine uni guys knows a thing or two about RLMT. and i would trust them to do their job properly...

however, for your peace of mind, find a SOC code in code of practice and see how rlmt can be conducted for this particular job. Then compare it with the procedure uni followed. there should be a match. if thats the case, then you can be fairly sure your uni has satisfied rlmt requirements

Hey can you please elaborate on this? Where can I find the SOC code?


Thankyou so much for all the help!

[silverchloride]

Hi All,

I have the following query reg Tier 2 (Gen)-

I have been told by the company HR that although, the company has Tier 2 COS available , but, it's only for Intra Company Transfer candidates.

Does that mean -

1. The COS issued by the Home Office has a pre-specified category (e.g. General/ICT etc.) or,

2. It's the company's decision not to sponsor my case under Tier 2 (general) (giving preference to potential ICT cases in future)


Many Thanks!

There is some confusion with regards to 'restricted' and 'unrestricted' CoS as well. Not sure if that effects your case or not. The companies are to tell UKBA about the CoS that they require for a particular time period. This includes all the ones including ICT, General or other types.

Did your company just tell you this without sharing the future course of action? This could also mean that they might not have the CoS general at the moment but could apply to obtain one in the future?

[arsenal49]

tier 2 code of practice can be found here.

http://www.ukba.homeoffice.gov.uk/sitec ... duate-cop/

1.find your job title
2.read the job's requirement related to labour test etc.
3.????
4.Profit!

[arsenal49]

There is some confusion with regards to 'restricted' and 'unrestricted' CoS as well. Not sure if that effects your case or not. The companies are to tell UKBA about the CoS that they require for a particular time period. This includes all the ones including ICT, General or other types.

Did your company just tell you this without sharing the future course of action? This could also mean that they might not have the CoS general at the moment but could apply to obtain one in the future?

==>in country app REQUIRES unrestricted COS
==>out-of-country app requires restricted COS
==>unrestricted COS does not fall under the limit
==>restricted cos are issued monthly if the limit is not reached
==>a company gets x number of tier 2 general or tier 2 ict COS at the start of the year and they ASSIGN it as and when required

[silverchloride]

I went to HR today and it has made me more confused and worried. Apparently they have applied under 'restricted' so the outcome would be known by Mid-August, after the monthly UKBA meeting.

How can they apply an unrestricted CoS for an in-country application? They also seemed known unfamiliar with all these things and said that its the first time they're doing it. Also, on my insistence, they said that they could perhaps explore the 'unrestricted' option through which a CoS can be assigned instantly.

I have gone through the Code of Practise and my job/recruitment fulfills all the criteria that they have put in place.

Its just a long wait now, I'm not fully confident about how they've processed by application since they didnt ask me for any personal information (passport number, etc) before applying for CoS on my behalf. Don't know if it was required or not.

[madona587]

I went to HR today and it has made me more confused and worried. Apparently they have applied under 'restricted' so the outcome would be known by Mid-August, after the monthly UKBA meeting.

How can they apply an unrestricted CoS for an in-country application? They also seemed known unfamiliar with all these things and said that its the first time they're doing it. Also, on my insistence, they said that they could perhaps explore the 'unrestricted' option through which a CoS can be assigned instantly.

I have gone through the Code of Practise and my job/recruitment fulfills all the criteria that they have put in place.

Its just a long wait now, I'm not fully confident about how they've processed by application since they didnt ask me for any personal information (passport number, etc) before applying for CoS on my behalf. Don't know if it was required or not.

You can't apply under a restricted cos within country. If you do your company license will be revoked by UKBA as far as I'm aware.

You seems to be totally confused as well. Just take a break and start going through the process again. Find out all the info before you go any further. Follow Posts in this forum. You can find lot of information. Read the UKBA Guidelines and get familiarize yourself with the system.

Let me rephrase that again,

1. Your company/University first has to determine what job position they want to offer you.
2. Based on this vacancy (Your Job title) and SOC code of practice they have to make sure they can pay you the correct salary.
3. Because you're not switching from PSW or worked for the company for 6 months they have to conduct a RLMT.
4. Now they have to log into their SMS and Request a COS. If they have allocations already they have to assign it to you. But I guess in your case they have to request one.
5. They have to request a "Unrestricted COS" because you're applying from within country.
6. UKBA will determine whether you receive a COS or not.
7. While assigning this COS they have to provide your Passport no, Employment start date, Maintenance, Details about RLMT, Your address etc and few other details to UKBA via SMS. (Make sure these details match in your TIER2 Application form)
8. Once they allocate you the COS your company can assign it to you.
9. You have to use the COS (A Number) in your application form.
10. PROFIT ?

Hope its clear now..

[silverchloride]

Thanks so much Madona587. The problem is that I have been offered the position (through a phone call) and been told that HR has advised that I go by the Tier 2 route and now HR is handling my case. I was told that I would hear back on an outcome by Mid-August and then HR would get in touch with me to proceed.


Now no one from HR ever contacted me with regards to even getting my personal details (address/passport/NI number,etc) -- I am not sure if that is required by the organisation for applying for a CoS or they just took it from my application forms.

As I was really worried, I emailed my manager (who interviewed me and informed me about the outcome) and he said that I need to do nothing unless HR gets back with the outcome on the application for CoS.

Now apparently it seems as if they know what they're doing and I perhaps should just wait and see. But I spoke to the person who filled my application details and he wasn't too clear about it either and referred me to a collegue of his (who wasn't sure about these things either) and said that they had applied for the 'Unrestricted' CoS --

But after my discussion she said that there was a possibility of me being assigned an 'unrestricted' CoS too - but she would have to discuss it with the person who filed my application (who is now on holiday - and who I spoke to earlier, who seemed to have very less information on this as well)

The problem is that they usually do CoS for academic and research staff at the University and an administrative post like mine is very rare, they said.


I've read a lot on UKBA, forums and other sources online and I believe I have the right information but the only problem is that they never got in touch with me to discuss what was happening and I'm not entirely confident if they've done it correctly or not. I could perhaps just wait and see, and trust their judgement?

What was very disheartening was that they even said that if this is not successful, we might not be able to employ you. This is such a huge blow
and I'm sure there'd be a way out since I'm still eligible to apply for the PSW as well.



I have been offered a position a Marketing/Administration/International Business Development position. And I believe the RLMT has been completed too as the position was well advertised on all channels including JobCentrePlus, etc. And the salary is quite reasonable too 29+k.

4. Now they have to log into their SMS and Request a COS. If they have allocations already they have to assign it to you. But I guess in your case they have to request one.

I think this is what the confusing part is. Should I have been allocated a CoS straight away or still going through UKBA monthly allocation meeting?

7. While assigning this COS they have to provide your Passport no, Employment start date, Maintenance, Details about RLMT, Your address etc and few other details to UKBA via SMS. (Make sure these details match in your TIER2 Application form)

Now they never contacted me to obtain any of these details. I can only assume they took it from the application form, but it never had my passport number. :/ The job has an 'immediate start' so I assume I'd start as soon as the application is successful. But again, I have not been informed anything about it.


I'm emailing them again to get some clarification as I'm clearly quite concerned and worried on how this goes.


Also - Does anyone have any information whether CoS requests are refused too? My company is a well reputed University with an A-Ranking and I believe they would do things sensibly and UKBA would also consider their applications.

[silverchloride]

..

[arsenal49]

they don't need your additional details at this stage to request COS...

they should already have your name etc. from your interview and stuff- if they require it.

you definitely fall under unrestricted category. COS-assignment should be instant in your case unless they are doing rlmt which means u must wait for a month before cos could be assigned.

[madona587]

And worst comes worst you still have an option to go for PSW if this fails.

You still have 2 years to pick up and find a job and go for TIER2 !

I think you should wait and see what your HR can do. Nothing much you can do as far as I can see.

Good luck and keep us updated,.

[silverchloride]

Ok now amongst other things, this is what the HR person said.

We have not yet applied for the certificate of sponsorship, but have
applied for the right to raise one.

Interesting, so I guess they haven't really applied for one and perhaps just consulting with UKBA on what they should apply for? + the guy whose handling my case is on holiday!

I hope it all goes well.