Some questions regarding assigning a CoS in SMS

[VirtualWaver]

Hi guys,

My company just registered as a sponsor and now need to assign a CoS for me. I am switching from PSW to Tier 2 General.

A special form needs to be completed in SMS in order to assign a CoS for me. There are some fields in that form that are very confusing. So my question is to help me with the answers so that we could complete the form for me.

Employment Start Date - what it should be? I am currently working for the company.

Employment End date – this is even more confusing. I am on a permanent contract and want visa for 3 years. What should we write here?

Job title – Should this be matched with the one in Codes of Practice?

Job type – Should this be matched with the one in Codes of Practice?

Summary of job description – what's the difference between this one and the Job Type above?

Thanks a lot!

[Jeeves]

Employment Start Date - pick a date in the future, usually within 3 months from the day the CoS is assigned.

Employment End date – 3 years from the start date is the most you can ask for

Job title – No, just whatever your job title is.

Job type – Your employer needs to pick the SOC code from the Codes of Practice

Summary of job description – exactly that.

[VirtualWaver]

Employment Start Date - pick a date in the future, usually within 3 months from the day the CoS is assigned.

Thanks a lot! That was very useful!

One more questions: in the Start Date description it says:

if the migrant is already working for you and you are assigning the CoS so that they can apply to extend their stay, you should enter a
start date no later than the day after the last day of leave
given on their current visa


Is this for people who are extending their current Tier 2 or it is for new switchers as well?

It's a bit confusing: my current visa expires on 28 March, 2014. If my employer write the start date within 3 months as you suggested, for example start date - 1st of December 2013, does it mean that they will grant me a visa until 1st of December 2016? Or they will grant 3 years starting from the day they approve my visa even if that day is before 1st of December 2013?

What if my employer write start date 1 day before my visa expires: March 27, 2014 as suggested in UKBA guidance? Or it is only for people who are extending their current Tier 2?

Which one is correct? Thanks a lot!

[Rituyadav]

Hello,

I am not an expert but having applied for the same visa (from PSW to Tier 2) and suffered heavily would like to advise you that make sure the Job Type chosen is of NVQ 6. It doesnt matter if it doesnt have words similar to your job title but your job duties should be equivalent to one of the jobs listed under NVQ6 in the SOC.

My Employer chose the Job type which had similar words like my title, visa got refused and its been more than 6 months still struggling to get through the extremely lengthy & frustrating process of an appeal.

Make sure your Employer reads the guidelines carefully before creating your Sponsorship Certificate. You can find that at:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Good Luck
Regards

[VirtualWaver]

Thanks a lot mate for your advise! I am really sorry for you - bastards! They are always looking for something to refuse to honest people! I hope it will sort out for you - just hire a good lawyer and sue them!

What Start Date your company wrote for you? Really struggling with this one.

I also have another problem with Job Type: I am an IT Analyst with 25K salary but cannot find a job description from NQF Level 6 that matches my duties well. Struggling with that hardly, don't know which one to write!

[Rituyadav]

Thank you.

For the Start date, my employer put the date as 21st feb 2013, which was the expiry date for my previous visa.

But it would be okay if you put the expiry date of your present visa or the day after. My employer applied for another employee recently for which the employer put the next date to the expiry date and was still okay . The employee has received the visa as well.

Regarding the Job Type, I do not know much about your job duties but I would think any one from the following will do. It is fine as long as it is from NVQ6 and includes few of your job duties (or similar). I doubt you can find exact matching Job title, type and duties. And they also say 'Example job Tasks' on the SOC pdf.
2133 IT specialist managers
2134 IT project and programme managers
2135 IT business analysts, architects and systems designers
2136 Programmers and software development professionals
2139 Information technology and telecommunications

Details you can look at (Pages 51- 54)

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

But please make sure that you employer mentions atleast few similar job duties shown under the Job type while creating your COS online.

Also please consider that all the above advice are purely based on my understing and personal experience and I am not a legal or visa expert.

Hope this helps.

Good Luck

[VirtualWaver]

Thanks a lot mate! That was useful!

One more question: do they grant you visa based on Start Date or they just grant you from the day they decide?

I mean let's say your employer putted:

Starting Date: 21 February 2013
End Date: 21 February 2016

And let's say you applied on October 2013 and they granted you a visa. Will the visa be valid until 21 February 2016 or it will be valid until October 2016 as they granted you the visa on October? That's what I want to know.

Thanks.


The work I do is I work with different companies and sort out their IT issues, starting from simple ones ending with enterprise-level solutions. I work on Linux, Mac, Windows, use SQL, Oracle, Java, create domains and networks, configure firewalls and routers, simply speaking - everything that is related to IT, 2nd/3rd line duties.


It should be either 2135 or 2133, but 2133 says "manager", I am not a manager. plus 2133 wants 25500, but I earn 25000 (but i work only 37.5 hours). Is it enough?

[Rituyadav]

Hello,

To be honest I do not have the answer to your first question. But maybe by next week I can let you know with the information from my colleague who recently received his visa. but Personally I would think it would 3years and 1month from the initial date of application.

For second, On page 4 of the SOC PDF it stated that
[i]"All of the rates quoted are based on a 39 hour working week unless otherwise specified."[/i]

So with simple calculation 39*52=2028 hours
£25500/2028=£12.57 per hour

so for you 37.5*52*£12.57=£24519.23

So it should be okay, but you can put the other job type as well as long as it has similar job duties.
And as I mentioned before do not worry about the words like Manager etc. it does not matter (they mentioned that in the SMS Guidelines as well for the COS). Different people use different titles.

But I would suggest you write down all your doubts on a piece of paper with the answers you have got from your research and give a call to the UKBA to double check everything before you apply. Its better to bug people now then to suffer yourself later.

Also if you have a months time left in your present visa, apply soon so that you can get a result in 10-15 days as they are very quick with the applications. So even if something goes wrong you can reapply but if you get your application decision after your present visa expires you will have no other option but to go for an appeal which is the most unfortunate thing to happen to anybody.

Hope you get ur visa soon.

Good luck

[/i]

[VirtualWaver]

Thanks a lot for your asnwer!! It is very useful!!

Do you know the UKBA phone number I can call and ask? Do I need to provide them sponsorship ID or just call and ask?

So as I understood I am not required to work exactly 39 or 40 hours - as long as I am working full time and my salary converted to 39 or 40 hours matches the New Entrant rate, it is ok?

[Rituyadav]

For PBS queries please use the sponsorship helpline 0300 123 4699 or email SponsorshipPBSenquiries@ukba.gsi.gov.uk.

I think you can just call them and ask. Your sponsor will only be needed if you need any information on the company license or the online SMS.

Regards