Tier 2 urgent - help

john353 · Post by **john353** » Mon Mar 26, 2012 2:32 pm

I applied for tier 2 extension on Feb 15 and did biometrics on 13 March. My current visa is valid till april 12.

My working hours per weeks is 37+5(lunch break) =42. During my previous visa extension the working hours has been entered as 37. But in the present COS they have entered it as 42. Will this be a problem.

It is the same job and same sponsor, same job title etc. In relation to SOC code, salary is easily higher than that required for same SOC whether it is calculated as 37 or 42 hours. The actual salary is higher than previous time applied. But if it is calculated in terms of salary/hour it will be less than the previous extension because of 42 instead of 37.

Please give your comments. Can a note be added to COS?

john353 · Post by **john353** » Mon Mar 26, 2012 3:33 pm

HR has added a sponsor note yesterday to my COS saying the correct working hours is 37 and that this was caused due to an internal error.

I have requested the HR to make an additional comment saying that 5 hours is actually lunch break.

Will all this cause a problem? Somebody please comment.

john353 · Post by **john353** » Mon Mar 26, 2012 4:38 pm

please comment

Post by **manci** » Mon Mar 26, 2012 5:50 pm

These are the rules about adding sponsor notes:

This function can only be used to notify the UK Border Agency of any changes before the person to whom it has been assigned uses the certificate in support of an application for leave to remain or entry clearance. The system will therefore only allow you to add a sponsor note to a ‘live’ CoS in the ‘Assigned’ state (Unused).

MPORTANT: The sponsor note should only be used for minor amendments, such as corrections to a mistyped name or date of birth. You can also use the sponsor note field if there is any additional information that you need to state with regard to the migrant and/or the CoS. Any information entered in this field that would lead to a change in the consideration of an application for leave or entry clearance, or any changes to the main criteria for an application under that tier / category, will be rejected.

Since your CoS has not been "used" yet a sponsor note can be added. From what you say the change from 42 to 37 hours would not materially affect UKBA's decision.

Under the circumstances I would not add the additional note you requested HR to put in and just leave it as an "error" (which is what HR put in the first place).

john353 · Post by **john353** » Mon Mar 26, 2012 5:57 pm

Thanks a lot manci for the reply.

Under the circumstances I would not add the additional note you requested HR to put in and just leave it as an "error" (which is what HR put in the first place).

Actually my HR also has just advised me the exact same thing - to leave it as an error and not put any more additional info to confuse ukba.

It is going to be a very nervous one month now till i get the decision, because when I have received the visa or not my visa would have expired.

Any other comments also will be appreciated.

Thanks again

john353 · Post by **john353** » Tue Mar 27, 2012 11:50 am

I called the ukba several times and asked if putting a sponsor note is fine for working hours and I get mixed replies. Most say it is ok while some say it depends. Just about half a month for the current visa to expire and not sure if something can be done. HR says that UKBA usually calls them for clarification in the past when they have put sponsor notes (when the application is processed), like when changes have been made for altering the start date in COS.

One the one hand the guidance states "You can also use the sponsor note field if there is any additional information that you need to state with regard to the migrant and/or the CoS" while it also says "any changes to the main criteria for an application under that tier / category, will be rejected. "

Manci or anyone else further comments will be appreciated

john353 · Post by **john353** » Wed Mar 28, 2012 9:07 am

I want to prepare for the worst case scenario. In case the visa gets rejected (after my visa expiry date) what are the options that i have with the current employer. I will be in a better frame of mind to understand my options than when that scenario occurs.

1) If I am given the choice of appeal and i decide to appeal will that enable me to continue to work with the employer till the appeal decision is made.
2) During the period of appeal can the employer issue me an unrestricted cos so that I can apply within uk (after withdrawing the appeal)? In that event will I be able to work for the employer after I have applied?
3) If I have to leave uk, Is a Tier 2 extension possible from outside the UK using a restricted COS?

Please let me know.

john353 · Post by **john353** » Wed Mar 28, 2012 4:57 pm

somebody reply please.

john353 · Post by **john353** » Tue Apr 17, 2012 5:08 pm

I have got the documents and BRP without any problems. Check my timeline in sticky.

Nico6 · Post by **Nico6** » Tue Apr 17, 2012 5:18 pm

John, just read your timeline and it seems you made your application in time, (in March), but only recently received a COS through the SMS. I am waiting to receive a COS for a tier 2 extension (with a dependant) which is delayed with UKBA, and I am unable to make an application. My visa has expired and my leave to remain (until 1 May) is fast approaching.

So my question is: how were you able to make an application without a valid COS number?

Thanks.

john353 · Post by **john353** » Tue Apr 17, 2012 5:56 pm

You have misunderstood... I applied with valid COS.

I was mentioning about the date when COS is shown as "used" in SMS. I have updated the time line info....pls check.

Yen · Post by **Yen** » Tue May 01, 2012 11:12 pm

john353 wrote:You have misunderstood... I applied with valid COS.

I was mentioning about the date when COS is shown as "used" in SMS. I have updated the time line info....pls check.

Did you get your visa?

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Tier 2 urgent - help

Tier 2 urgent - help