Tier 2 uCOS and Period of Grant--Sharing of Experience

[pavanayi]

All members,
Just wanted to share my experience having read about these two topics in quite a number of threads.

I was on a PSW, issued on 20-Jan-2010, expiring on 19-Jan-2012. I have been working for an A rated sponsor and, as I had read in the guidance of PSW, wanted to switch to Tier 2 as soon as possible.

In pursuance, I had requested an unrestricted COS, and one was issued to me on 20-Jul-2011. The period of employment, as per my request, was stated as 15-Jan-2012 to 14-Jan 2015.
I applied for Tier 2 by postal route on 29-August-2011, gave my biometrics on 12-Sept-2011 and my application was approved on 30-Sept-2011.
The BRP reads
Date of Issue: 30-09-2011
Valid Until:15-01-2015

As per my understanding of the policy guidance, I never felt I had to wait three months before 15-Jan-2012 to make my application because the guidance said for in-country applications, if the decision is made early, additional leave would be added up to the start of period of engagement as stated in the uCOS.

This is just my experience of the process of PSW to Tier 2, and may it help someone else too.

Pavanayi

[tier2applicant]

How is it possible ?

My application got rejected because the date of Tier 2 application and the start date on CoS was not within 3 months.

I applied on 10 September 2011 and start date on my unrestricted CoS was 19 January 2012. I am on PSW right now expiring on 20 January 2012.

You period of grant is also more than 3 years and 3 months is also contradicting.

[virgos143]

Guess it all dpends upon the guy who deals with your application unfortunately

[tier2applicant]

How does that work ? Can each case worker bend the rules at will ?

[geriatrix]

I believe it isn't a case of caseworker bending the rules, but a case of caseworker being ignorant of the rules and the policy guidance (and / or misinterpreting them).

The OP just got lucky.

[tier2applicant]

-sushdmehta Sorry but what is an OP ?

I have re read the guidance and it sates that the application has to be made 3 months within the start date of employment on CoS. I would recommend everyone to follow that.

Its now 2 weeks and my employer still hasn't been granted additional CoS.

[madona587]

-sushdmehta Sorry but what is an OP ?

I have re read the guidance and it sates that the application has to be made 3 months within the start date of employment on CoS. I would recommend everyone to follow that.

Its now 2 weeks and my employer still hasn't been granted additional CoS.

OP = Original Poster

[pavanayi]

I do not want to create a controversy here neither am I saying I am an authority of matters, but as per my understanding, the Tier2 guidance states, under when to apply:

172. You must apply within three months from the date your Certificate of Sponsorship was issued. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.
173. If you are applying from inside the United Kingdom, you should apply before your current leave expires. If you do not, you will be classed as an overstayer, which could affect any future applications you make.

I understood point 172 appiled to applications for entry clearence, where the three month rule is applied similar to other entry clearence applications. "The visa can be predated by a maximum of three months only"
Point 173 specifically talks about in country applications and has the requirement of applying only before my current leave expires. Note the fact that it dosent state "If you are applying from Inside the UK, you should also apply..."

And the fact that the COS must be used in an application within three months from its date of issue.

Also, http://www.ukba.homeoffice.gov.uk/visas ... conditions states this:
If you were already in the UK and you successfully applied to switch into Tier 2 (General) from another immigration category, you can remain here for a maximum of 3 years, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter. This period will begin on the start date given on the certificate of sponsorship. If your application was decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.

As I have understood it, my period of grant was exactly 3 years (which is shorter than period of engagement + 14 days) from the start date of employment on my uCOS. And, since it was decided early, additional leave was added till the start date.

Anyway, as I said, this is just my experience and my understanding. Maybe I got lucky!! Maybe not!!

[geriatrix]

Clause 173 is a generic guidance for applicants within the UK to avoid becoming overstayers. You are reading it as 172 or 173.

There is nothing in the policy or the immigration rule to allow "additional time to be added in contravention the specified rules because an applicant applies early".

Good that you are continuing your employment with the same employer. Had you made an application for leave to remain under a new sponsor, you wouldn't have been able to continue working with the existing employer after 29-Sep-11 (despite the CoS clearly mentioning the joining date as 15-Jan).

Lucky? I continue to believe so!! "Lucky experience", shall we say?

[pavanayi]

sushdmehta,

The Rule which I was referring to is

3 years according to 245HE (e)
and
additional period according to 245HE (f).

Had I made an application to remain under a new different sponsor, I concur with the fact that I will not be able to work with the existing employer after 29-Sep-11, because they cease to be my sponsors.

But does that mean I cannot wait till 15-Jan to start the new employment?
And for that matter, wouldn't the new BRP on 30-Sep-2011 legally authorise me to work for new employer in the job for which COS was issued, from the date of issue to its valid until date?

[geriatrix]

The Rule which I was referring to is

3 years according to 245HE (e)
and
additional period according to 245HE (f).

Point taken. The additional period granted prior the joining date is as per rules.

Had I made an application to remain under a new different sponsor, I concur with the fact that I will not be able to work with the existing employer after 29-Sep-11, because they cease to be my sponsors.

And for that matter, wouldn't the new BRP on 30-Sep-2011 legally authorise me to work for new employer in the job for which COS was issued, from the date of issue to its valid until date?

If you read my statement in the response above again, you'll note that it exactly states the same thing that you have made in the first paragraph above.

But does that mean I cannot wait till 15-Jan to start the new employment?

Depends on what the "new job" is ... and whether it is with the same employer or a new one?

From your opening post it appears that you will be continuing your employment as a Tier 2 migrant with the same employer that you are working for now. If that is not the case, please correct me.

If it is indeed the with the same employer, then - Is it the same job that you are currently doing as a Tier 1 (PSW) migrant? If not, then how and to what extent does it differ from your current job - SOC code, job description, salary etc.?

[pavanayi]

sushdmehta,

My Apologies if I was not clearer on my side.

Indeed I am continuing with my employment as a Tier 2 migrant with the same job.

I was simply trying to visualise the hypothetical case you introduced at 12.03pm

Good that you are continuing......date as 15-Jan)

[tier2applicant]

Sorry, a little lost here.

Does this discussion mean that my application shouldn't have been rejected ?

[geriatrix]

Sorry, a little lost here.

Does this discussion mean that my application shouldn't have been rejected ?

No.

1. The OP was lucky to have his application approved with a joining date more than 3 months away from the date of application. Read 77C(d).
2. But, the leave granted to OP is in line with the immigration rules, as he has rightly pointed out.