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URGENT Help please

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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JS28
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Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

URGENT Help please

Post by JS28 » Sat Jan 26, 2013 8:43 am

My current contract with my employer is only until July 2013. We recently received the sponsorship licence and my PSW visa will expire on the 16th of march 2013. My questions are:

1.) If I apply for a Tier 2 visa now on my current contract (until July 2013), will I be able to renew my tier 2 Visa after July 2013?

2.) My employer has one assigned COS that came with the sponsorship licence, Can they make amendments if they do renew my contract?

Please help me I do not know what I am doing :(

Thanks

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Sun Jan 27, 2013 10:14 am

can anyone please reply?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: URGENT Help please

Post by physicskate » Sun Jan 27, 2013 12:10 pm

JS28 wrote:My current contract with my employer is only until July 2013. We recently received the sponsorship licence and my PSW visa will expire on the 16th of march 2013. My questions are:

1.) If I apply for a Tier 2 visa now on my current contract (until July 2013), will I be able to renew my tier 2 Visa after July 2013?

2.) My employer has one assigned COS that came with the sponsorship licence, Can they make amendments if they do renew my contract?

Please help me I do not know what I am doing :(

Thanks
1.) Your visa will be valid for the length of your contract + 14 days (i think). This is very clear in the guidance (so you should read this FIRST!). You would be able to extend this if your contract were to be extended or renewed, but you would have to apply for a new visa again. Or, at that time, you would need to find a new employer to sponsor your Tier 2. I am operating under the assumption that you are asking about a Tier 2 general visa.

2.) If you contract is renewed you would need a new CoS and need to apply for your Tier 2 again. A CoS is not the same as a visa; once you have used it to apply for your visa it essentially disappears.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Sun Jan 27, 2013 12:27 pm

Hi,

Thanks for replying.

in your answer for questions 2.---can my employer make ammendments before using the assignment COS? for example, if they do renew my contract now?

Thanks

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Sun Jan 27, 2013 12:43 pm

JS28 wrote:Hi,

Thanks for replying.

in your answer for questions 2.---can my employer make ammendments before using the assignment COS? for example, if they do renew my contract now?

Thanks

I have very little experience with the SMS, but from what I have heard, it is possible to amend certain aspects of a CoS - those aspects which will not determine whether or not your application would be accepted or not (so they would not be able to amend salary in most instances). Again, I am no expert, but on the face of it, length of employment would not be a reason to automatically reject an application. They could try....

More expert members of the forum, please chime in and correct if my thinking is wrong!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Jan 27, 2013 8:03 pm

JS28 wrote: wrote:

2.) My employer has one assigned COS that came with the sponsorship licence,
Your employer had 1 CoS allocated to them. The assignment doesn't come with the allocation, the employer has to assign the CoS.

If they have not assigned the CoS yet your best plan is to negotiate an extension of your contract beyond July 13 now and, provided you are successful, the employer will then assign the CoS with the new contract end date following which you can apply for leave to remain.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Sun Jan 27, 2013 8:54 pm

Hi Manci,

My employer received the sponsorship licence second week of December 2012. When I rang the HR they said that a unrestricted COS has been assigned for me. My questions is, when is the 3 months period start for this COS? does it automatically start the day my employer received the licence or do they have to manually do it on SMS?

Also, if my employer have already assigned one, and, if the do renew my contract, how long does it take to apply for an unrestricted COS?

I am about to apply for my Tier 2 visa and hoping for a response as a matter of urgency.

Thanks


Thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Jan 27, 2013 9:40 pm

You should get from HR the date when they assigned the CoS. The 3 months period within which you must "use" the CoS, i.e. apply for leave, starts from the date of assignment, not from the date when the sponsor licence was granted.

In your application you should include exactly the same information as in the CoS with regard to job, SOC code, salary and hours of work.

All CoS allocations expire in April and if you want to apply for an extension in July make sure that the employer has an allocation available for you for the 2013/14 year.

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