Waiting for COS visa to expore 19th April

[rbt1889]

My employer has applied for a new unrestricted COS (Tier 2 extend) full two months ago and applied for an additional one (for myself again) shortly after. 6 April has passed, still no sign of COS. Employer called UKBA yesterday and here's what they said:

- The caseworkers were instructed by the government to deal with student visa applications for now and there are chances we won't get a COS before the 19th.
- My employer can(and will) write them an email 1 week before visa expires to explain the urgency of the matter
- If we still don't get a COS in time I can overstay my visa and my employer can write me a covering letter explaining why they were unable to issue a COS in time (delay by UKBA basically). And I can apply once we get a COS.
- I can continue working after my visa expires due to this reason and my new application will not be rejected because of this.

I am a bit worried here. I am risking an overstay here based on comments of some UKBA personnel. Can anyone comment on these points? Is there anything else we can do except calling UKBA (which we did) and emailing them (which we will do tomorrow)? My employer thinks I am "covered" since we have applied for COS long ago and it's the UKBA that's delaying the matter. Considering the reputation of UKBA I am not so convinced. They might well say "it's your employer's responsibility to make sure they have a valid COS at the time of application" and reject.

I am just extending an existing Tier 2 - thought would be something routine and not complicated(compared to initial application) but, of course, there's some bureaucratic hurdle that one has to overcome every single time, paying tons of money. Any thoughts on above comments would be greatly appreciated.

[rbt1889]

Just called Employers Helpline myself and got a confirmation. In case anyone else is in the same situation - the above points are all correct, i.e. if your employer has applied for a COS but UKBA is delaying the issuing, you can continue working legally after visa expiry until the certificate is issued. Employer will need to provide sponsor's notice explaining why they couldn't allocate a COS in time. So basically, what I was told is that delay is with UKBA, and since they are the "holders" of the case they are responsible for the delay, not the sponsor/employee.

[xanadu85]

Same situation here.Company applied for CoS on 26th march.Employer called UKBA yesterday 11th april and they said that only cases where visa expires in the next 7 days are being considered urgent.However they did say that the situation will be resolved in the next few days.But from experience with UKBA words don't count!My visa expires on 30th june.Do you think that even i could overstay my visa if that happens and apply when CoS is issued after visa expiry?

What i mean is are extension applications treated in same way as switching? I am swtiching from tier4 to tier2 general.

Any clarifications much appreciated.

[xanadu85]

Pls see below an update from a member posted today.

I spoke to the UKBA through the enquiries line yesterday (0300 123 4699) and they explained that due to a crack down on Student Visas overstayers, they have been instructed to concentrate on those and they currently have a backlog of 8000 or so applications so there will be longer than usual delays in processing. Not sure there's anything they can do about it, but it might be worth giving them a call to find out what it means for your application if you're worried.

Also, it was reported here that they are prioritising urgent requests and applications by major companies:

http://www.relocatemagazine.com/immigra ... -says-ukba

That explains the delay in processing. Thanks for the information Nico6.

I do not have any sort of information about my application since my employer did that in behalf of me. If i call the number you mentioned above without any details about my application, will they entertain my request?, even if its as general as when can i expect my documents back?, i need some dates so that i can plan my travel accordingly.

[Nico6]

It's worth phoning to ask for advice. If you explain your specific situation they should be able to give you some general advice, although they generally say not to make any travel plans for the moment. You might want to ask if you will be able to travel if you have a letter from your employer explaining the situation and that the delay is with UKBA not you or your employer.

I'm in a similar situation with important work travel booked in a few weeks for me and for a dependant. I've booked a PEO appointment to make our applications in person in 3 weeks, and hoping to have my COS by then, although who knows given the current situation. On current advice, am waiting until I have only 7 days left before submitting another urgent request by email (scoc@ukba.gsi.gov.uk) as expect they will ignore any requests until then. Good luck and let us know if you have any updates.

[xanadu85]

Thanks for your reply.I will give updates if there is any development.Good luck!

[Nico6]

After receiving the above advice from the UKBA, I spoke to someone handling applications today who advised that I could not rely on advice given to my employer when making my application. She said they had received no such advice in dealing with delayed applications.

While these cases will likely be considered at the discretion of a case worker, I strongly recommend having a lawyer take over the issue straight away. I did today and was told that telephone advice cannot be relied on and if often wrong.

Good luck. I know I need it!

[xanadu85]

Thanks for your post Nico6.I met a lawyer last fri.After the meeting i got an email from HR saying CoS has been issued.Timeline

CoS applied 27th march
CoS issued 27th Apr.

I'm planning to apply through a rep Work permit consultants next week.I will send a postal application.They charge £500+vat for handling my application and issuing CoS.

How much are you paying to lawyer? I would have ideally liked to apply via a lawyer.I met Newland chase and their fees is £850+vat! Sunrise charges £800+vat but you can pay installments.

If you know somone reliable and not so expensive pls let me know.

Good luck and i will post my application timeline later!

[GB12]

Guys a lot of ppl are in a similar situation... my visa expired on 3rd May but managed to get my CoS on 4th may and made an online application. so two weeks before your visa expires ask your HR to call UKBA at least once every day and get the CoS before expiry date. thats what i did. Also ask your HR to note down the call dates and times, the UKBA person name on those calls and their advice etc. In case you don't get the CoS in time, then (i got this advice from an independent lawyer) email 'sponsorshipPBSenquiries@ukba.gsi.gov.uk' from your company email ID and ask your HR to send a simillar one too and copy you and one at the director level. you too copy the HR and the same director as well. make sure you sent that email on your LAST working day before your visa expires. this is just a precaution for you in case UKBA denies all those call records which is higly unlikely. the format of the email i sent is given below...

Dear Sir/Madam,

I’m currently in UK on a Tier-2 (ICT) visa (visa no- XXXXXX and passport no- XXXXX), which expires today, ' the date'.

My employer “employer name” with Sponsor Licence Number: "employer license number" has tried to obtain a certificate of sponsorship, but failed to do so after several attempts over several weeks due to the backlog of applications with UKBA.

UKBA advised the company that they will accept a late application from me once the certificate of sponsorship is available. We are assured that, given the circumstances, my application will be considered as an exception not be treated as a late application

The company and I have tried everything possible to apply in time before the visa expires in order to avoid breaking the law but unfortunately due to the circumstances beyond my control I have been unable to submit an application before the expiry date.

I hope you would recognise my situation and help us obtain a certificate of sponsorship as quickly as possible.

Below is the record of the details of the communications between "Company name" and UKBA.

put all the details of the communications including any postage recorded deliver numbers etc here...


"i hassled my HR and she made 14 rounds of communications including 9 phone calls and got the CoS 1 day late" not bad?

[Knight89]

Guys any updates to this post ? Did any of the visas get issued despite the delay from getting the CoS allocation ?

I am in a similar situation, a routine application to extend my existing Tier 2, but was rejected on 5th December 2017 (signed from Royal mail on the 8th December ) based in insufficient wage. The sponsors increased my wage to the right amount and applied for a new CoS allocation on the 15th December 2017, which was finally issued by UKBA on the 3rd January 2018. I made the new online application (with new CoS) immediately on the 4th January, with extensive notes in the application form explaining why I couldn't make the application within 14 days of the refusal letter - basically due to the delay from the UKBA in issuing a new CoS.

I'm still waiting for a decision but just wondering : is there anything else I could be doing / should have done better ?

Might be worth mentioning that I had the option to exercise the right for Admin Review, but was advised it was pointless by my sponsors, and chose to focus on getting the new CoS with the new wage and sending in a new application.

[CR001]

Guys any updates to this post ? Did any of the visas get issued despite the delay from getting the CoS allocation ?

I am in a similar situation, a routine application to extend my existing Tier 2, but was rejected on 5th December 2017 (signed from Royal mail on the 8th December ) based in insufficient wage. The sponsors increased my wage to the right amount and applied for a new CoS allocation on the 15th December 2017, which was finally issued by UKBA on the 3rd January 2018. I made the new online application (with new CoS) immediately on the 4th January, with extensive notes in the application form explaining why I couldn't make the application within 14 days of the refusal letter - basically due to the delay from the UKBA in issuing a new CoS.

I'm still waiting for a decision but just wondering : is there anything else I could be doing / should have done better ?

Might be worth mentioning that I had the option to exercise the right for Admin Review, but was advised it was pointless by my sponsors, and chose to focus on getting the new CoS with the new wage and sending in a new application.

This topic is almost 6 years old (2012). Kindly desist from digging up old threads to post. It clutters the current topics in the forum. Rules change, what might have been relevant in 2012, could possibly be obsolete now in 2018.