URGENT-Tier 2 Visa Application options-Need help from manci

[abc2010]

Hi ,
I am currently on Tier-1 PSW visa expiring 11th Jan 2014, my employer is in still in the process of applying for COS. Just need some urgent advice regarding the options I have if i don't get the COS before my visa expires. Can I apply without the COS with some kind of cover letter if my employer agrees.I am not sure which is best option to go for without the COS? Also wanted to know how much time does it take to assign a COS?
Please help

[manci]

is it a sponsor licence your employer is in the process of applying for and, if so, a) have they already submitted the application and b) have they asked for an allocation of unrestricted CoSs?

[abc2010]

Thanks for the reply manci,
They are in the process of applying COS, a) they haven't submitted the application b) yes they should be asking for allocation of unrestricted CoS. I am not sure if there is some option I can discuss with them.

[manci]

If your employer hasn't applied for the sponsor licence yet there is virtually zero chance that they will get it by the time your visa expires on 11 January and that they can assign a CoS to you before then.

There is a 28 day grace period after the expiry of your visa for submitting a T2G application provided you have a CoS by then. However, if you do that and your application is refused for whatever reason you will not get appeal rights.

Note that if you don't apply by 11 Jan you cannot continue working beyond that date.

[abc2010]

Hi manci,
I think already have a licence, but they need to assign a CoS, but do you know how much time does it take to assign a COS? Also if they have submitted the CoS application before 11 Jan but are not able to assign CoS by then, can I still apply for Tier 2 application with some evidence that employer has submitted the CoS application.

In the 28 day grace period, will i be considered on Tier 1 PSW or without any status. Because then RLMT will apply for me if I am not on PSW. Will it be a worthy option to try if i get CoS in that 28 day period. Thanks. Please correct me if I am wrong anywhere.

[manci]

Hi manci,
I think already have a licence, but they need to assign a CoS, but do you know how much time does it take to assign a COS?
If your sponsor has an available CoS allocation it takes about 20 minutes to assign the CoS through the online SMS. If they don't have an available allocation they have to apply for an increase in their unrestricted CoS allocation which doesn't take long (1-10 days), i.e. it is doable before your visa expires on 11 Jan

Also if they have submitted the CoS application before 11 Jan but are not able to assign CoS by then, can I still apply for Tier 2 application with some evidence that employer has submitted the CoS application.
see above

In the 28 day grace period, will i be considered on Tier 1 PSW or without any status. Because then RLMT will apply for me if I am not on PSW.
In the 28 day grace period your status will be that of an overstayer but if you apply during this perion RLMT will still not be required because your last grant of leave was T1 PSW. See para 92 of the T2 policy guidance

Will it be a worthy option to try if i get CoS in that 28 day period.
see above
Thanks. Please correct me if I am wrong anywhere.

[abc2010]

Thanks a lot for the reply manci, Does your reply imply that it is not good apply without CoS? I had one last query, if I am applying for Tier 2 from my home country after my visa expires will my employer still be exempted from RLMT because as T2 Guidance says "You will be awarded 30 points if you have a Certificate of Sponsorship and are are applying
to switch into Tier 2 (General) and you have, or were last granted entry clearance, leave to
enter or leave to remain under one of the following:
• Tier 1: Post Study category; or
• International Graduate Scheme (or its predecessor, the Science and Engineering
Graduate Scheme); or
• Fresh Talent: Working in Scotland Scheme.
Your sponsor will only be exempt from doing a resident labour market test if you have or
have last had leave in one of the above categories"

[manci]

Thanks a lot for the reply manci, Does your reply imply that it is not good apply without CoS?

Does or doesn't your employer have a) a sponsor licence and b) an available unrestricted CoS allocation?

When you make an application you will be invited to have your biometric data captured. A decision on your application will only be made once this is done. You could make an application without a CoS and once you get the CoS and provided you inform the HO of your CoS details before they make their decision your application will not be invalidated for this reason. Also, you can delay the process a little by delaying the capture of biometrics (check the UKBA website for how long)

I had one last query, if I am applying for Tier 2 from my home country after my visa expires will my employer still be exempted from RLMT because as T2 Guidance says "You will be awarded 30 points if you have a Certificate of Sponsorship and are are applying
to switch into Tier 2 (General) and you have, or were last granted entry clearance, leave to
enter or leave to remain under one of the following:
• Tier 1: Post Study category; or
• International Graduate Scheme (or its predecessor, the Science and Engineering
Graduate Scheme); or
• Fresh Talent: Working in Scotland Scheme.
Your sponsor will only be exempt from doing a resident labour market test if you have or
have last had leave in one of the above categories"

If you leave the UK and apply for entry clearance from your home country you will need a restricted CoS and will no longer be exempt from the RLMT. This is because you would not be "switching" (which means changing immigration category from within the UK)

[Gautami]

Dear Team,

I hope you are all doing good and had a great week-end.

I have been given work permit Tier 2 sponsorship Visa from my company in May 2014 for 3 years which is till May 2017 on COS Code 2139 New Entrant level £25,850 pa.

My query is - During my May 2017 visa extension how much salary should I have to get my Tier 2 sponsorship visa for 2 more years till May 2019 .

Hope my query is clear and will look forward to hear at your convenience.
Have a good day.

Best Regards,
Gautami

[justdopposite]

You'll need experienced level salary for your extension, which is currently £29,900 (soc 2139). Salary rates will likely increase by 2017. Also you can have a T2 visa for upto a total of 6yrs.

[Gautami]

Thanks a lot for your quick response.

if I need to have experience level salary £29,900 pa for COS Code 2139 will that include yearly Bonus as well ?

Also When you say I can have Tier 2 Visa sponsored for 6 years which means I can extend by Tier 2 Visa in 2017 for 3 more years ? And after 3 years will I be eligible for applying ILR ?

I am extremely Sorry for the above questions , I wanted to have clear information before I speak with my HR.Will look forward to hear at your convenience.

Have a great day.

Sincere Thanks,
Gautami