Assistance needed on Tier 2 Licence processing time

[MaximusNostramus]

Hi folks,

I am worried about my situation and wanted to gather all of your thoughts and suggestions what can I do.

Actually, I have been told by my new employers that they are in the process of acquiring a tier 2 sponsor licence. All well and good, given that this normally takes around 3 weeks to 3 months, I am worried that my current student visa is due to run out in July, 2013.

Assuming their licence comes before this, then without any problem I can apply for a tier 2 but if their licence is late, what can I do??

Surely there must be a way to manage this or perhaps discuss this with UKBA,

Your thoughts and suggestions please.

Thank you

[manci]

read the story of gameover_786 (first 6 pages only)
http://www.immigrationboards.com/viewto ... sc&start=0

[MaximusNostramus]

Hi Manci,

Thank you for replying and pointing to this post. Hmmm... it looks like a real problem and a case of UKBA as always not responding to employers timely. I have come up with 2 options (I might be wrong, would love to hear suggestions).

1. Apply for Tier 2 without COS like they have done in the post (you outlined) and go with biometric enrollment delays.

2. There are also flying suggestions on other blogs (not here) indicating that if your leave to remain on any visa has expired you have 28 days in which to still live in uk but again I don't know if I should go with this, because until I read this on a UKBA document, in my opinion it is over-staying - and this looks really bad despite having COS as well.

So still not sure about what to do. UKBA needs to be sued honestly...

[manci]

there is still time for the sponsor's licence to come through and a CoS to be assigned before your visa expires in July 2013.

As far as your point 2 is concerned you will be an overstayer if you do not apply before your visa expires but you can still apply for T2 leave within 28 days of the visa expiry. This is because overstaying for a period of 28 days or less is disregarded. See Immigration Rule 245HD(p). However, if your application is refused you will not get a right to appeal.

[mindocs]

Hi MaximusNostramus!

Not sure if this can helps. My brother-in-law got into the same dilema in January. His employer got the licence few days before his visa expired. I recalled they applied for it in January or end of December before the Christmas.

In short, the Home Office UKBA has something like an urgency unit that they can only be contacted by your employer ONLY 1-2 weeks prior your VISA expiry. In addition, about two weeks before the expiry, they wrote a letter to an MP seeking for helps as well.

Hi folks,

I am worried about my situation and wanted to gather all of your thoughts and suggestions what can I do.

Actually, I have been told by my new employers that they are in the process of acquiring a tier 2 sponsor licence. All well and good, given that this normally takes around 3 weeks to 3 months, I am worried that my current student visa is due to run out in July, 2013.

Assuming their licence comes before this, then without any problem I can apply for a tier 2 but if their licence is late, what can I do??

Surely there must be a way to manage this or perhaps discuss this with UKBA,

Your thoughts and suggestions please.

Thank you

[grif-fin]

Hi MaximusNostramus!

Any updates on this? It will be really useful for me to know at this point!