Tier 2- Change of Employment - Restricted COS

jobseeker0304 · Post by **jobseeker0304** » Mon Nov 05, 2012 7:02 pm

Hi,

I am currently based in UK on Tier 2 ICT(Long Term) and have applied for a job change.

My new prospective employer has conducted the LMT and has applied a restricted COS for me. They have not received any response from UKBA for a month now.

I have seen in some other posts that a new employer should apply for un-restricted COS, does this mean applying a restricted COS can be an issue in my case?

Also does UKBA confirmation usually take more than a month?

Post by **manci** » Mon Nov 05, 2012 7:16 pm

when was your first T2 ICT leave granted?

jobseeker0304 · Post by **jobseeker0304** » Mon Nov 05, 2012 7:20 pm

Thanks for the reply Manci.

My Visa has been extended 3 times in UK itself while the first was stamped in Jan 2010, my last visa was extended in May 2012.

Post by **manci** » Mon Nov 05, 2012 8:29 pm

You can switch in-country from T2 ICT to T2G and you need an unrestricted CoS.

Restricted CoSs are for entry clearance applications and if you apply for entry clearance from abroad you will be subject to the 12 month cooling-off period.

jobseeker0304 · Post by **jobseeker0304** » Mon Nov 05, 2012 8:32 pm

Thanks Manci.

Does this mean by application would be rejected?

Post by **manci** » Mon Nov 05, 2012 8:49 pm

It means that the company would be in breach of their sponsor duties.
See the T2 sponsor guidance:

565. If you are licensed to sponsor migrants under Tier 2 (General) .... you must not:
................
b) assign a restricted CoS where an unrestricted CoS would be required.

gupta_ust · Post by **gupta_ust** » Mon Nov 05, 2012 9:37 pm

Ohh..thats a tricky situation....

Hi Manci as per your below comment,

"Restricted CoSs are for entry clearance applications and if you apply for entry clearance from abroad you will be subject to the 12 month cooling-off period."

- Are you sure about this? jobseeker0304's entry clearance was approved in Jan'10. If he applies out of country with restricted COS, is the cooling off period applicable to him?

Post by **manci** » Tue Nov 06, 2012 9:25 am

gupta_ust wrote:- Are you sure about this? jobseeker0304's entry clearance was approved in Jan'10. If he applies out of country with restricted COS, is the cooling off period applicable to him?

He wants to change jobs which also involves changing immigration category from T2 ICT to T2G in which case the cooling-off period does apply.

jobseeker0304 · Post by **jobseeker0304** » Tue Nov 06, 2012 10:57 pm

Thanks Manci. I have requested for unrestrcited COS now.

Can you also confirm once the unrestricted COS has been made available is it safe for me to submit my resignation from my current organization?

Post by **manci** » Wed Nov 07, 2012 7:54 am

Nothing is 100% safe. For instance, UKBA will check the company's assignment of the CoS for compliance/mistakes and your application for grant of leave will also be checked by UKBA and will only be approved if it is in accordance with the requirements.

Remember also that if the company doesn't have a CoS allocation available for you it will have to apply for an increase of their allocation which will take some time to come through. Also, you cannot start work in the new job before you have UKBA's approval of your application.

jobseeker0304 · Post by **jobseeker0304** » Wed Nov 07, 2012 11:09 pm

So what would be the best time to Resign?

I mean legally am I allowed to stay in UK in following circumstance:-
1) Un Restricted COS granted by the new employer(assuming the UKBA has approved it)
2) I resign and am re-leaved by my current employer but my application for Visa is still pending with UKBA for approval/rejection?

Post by **manci** » Thu Nov 08, 2012 7:48 am

The legality of your stay in the UK is only to do with your visa, not with any CoS.

The first step in changing employment would be to have an unrestricted CoS assigned to you by a new sponsor.

Once you have the unrestricted CoS the second step is to apply for leave to remain.

As far as resigning your present job is concerned you either do it when you have the CoS or wait until you have UKBA's approval of your application.

jobseeker0304 · Post by **jobseeker0304** » Thu Nov 08, 2012 7:07 pm

Thanks Manci.

By Leave of Remain, do you mean transfer from Tier 2 (ICT) to Tier 2(Gen)?

and for Approval on application, do you mean approval of Tier 2(Gen) application?

Post by **manci** » Thu Nov 08, 2012 7:45 pm

jobseeker0304 wrote:Thanks Manci.

By Leave of Remain, do you mean transfer from Tier 2 (ICT) to Tier 2(Gen)? yes, you will be applying to switch immigration categories and for leave to remain in the UK as a T2G migrant

and by Approval of application, do you mean approval of Tier 2(Gen) application? yes. If and when your T2G application is approved you will get a letter of approval from UKBA

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Tier 2- Change of Employment - Restricted COS

Tier 2- Change of Employment - Restricted COS