Applying Tier 2 Visa in the 28 days Grace Period

[navanee]

Hello there,
I currently hold Tier 4 Student Visa which is expiring on 29th Jan. I attended few interviews and got positive feedback, which means I will get an offer with CoS. However, I cannot get the CoS before 29th Jan.

1. Can I make use of the 28 days grace period to stay here and apply for Tier 2 Visa with the CoS within these 28 days?

2. If I go back to India and apply for Tier 2 Visa from there, will the CoS be valid?

Thank you in advance!!

Regards,
Navanee

[physicskate]

Hello there,
I currently hold Tier 4 Student Visa which is expiring on 29th Jan. I attended few interviews and got positive feedback, which means I will get an offer with CoS. However, I cannot get the CoS before 29th Jan.

1. Can I make use of the 28 days grace period to stay here and apply for Tier 2 Visa with the CoS within these 28 days?

2. If I go back to India and apply for Tier 2 Visa from there, will the CoS be valid?

Thank you in advance!!

Regards,
Navanee

1.) The 28 day grace period does not apply for switching from Tier 4 to Tier 2.

2.) You would need to be issued a restricted CoS (instead of an unrestricted one if applying from within the UK).

[navanee]

Thank you Physciskate!

Can you please clarify what does it mean - "28 days grace period does not apply"? Cant I make an application with unrestricted CoS in this 28 days?

[physicskate]

Thank you Physciskate!

Can you please clarify what does it mean - "28 days grace period does not apply"? Cant I make an application with unrestricted CoS in this 28 days?

There is no 28 day grace period when switching from Tier 4 to Tier 2!!!! You must apply while your current Tier 4 is valid, if switching in-country. If this cannot happen while your leave remains valid, you must return to your home country and apply using a Restricted CoS.

Thems the rules.

[navanee]

Ok, Thank you!!!

[jibri]

can 28days grace period apply for one switiching from PSW to tier 2?

[physicskate]

can 28days grace period apply for one switiching from PSW to tier 2?

Yes you can apply in the 28 day grace period. But it's always better to apply why your visa is still valid, as if something goes wrong and you are rejected, you will not have right of appeal.

[jibri]

Thanks physicstake

problem is my company still waiting for license however applied in back August. and according to them they still not allocated to case worker
I have wedding planned on 14 April and my visa expires on 14 March if we don't get license by march 14 can i stay 28 days? and apply by window with unrestriced cos if we get license as I cant take risk to send my passport. currently I am on PSW

any advice would be appreciate I dont much bother if i get rejected I just want to try

[physicskate]

Thanks physicstake

problem is my company still waiting for license however applied in back August. and according to them they still not allocated to case worker
I have wedding planned on 14 April and my visa expires on 14 March if we don't get license by march 14 can i stay 28 days? and apply by window with unrestriced cos if we get license as I cant take risk to send my passport. currently I am on PSW

any advice would be appreciate I dont much bother if i get rejected I just want to try

I would suggest your company applies for urgent consideration 15 business days before your visa expires. The company should also send a scan of your current BRP/ visa and passport.

[jibri]

Thanks physicstake

problem is my company still waiting for license however applied in back August. and according to them they still not allocated to case worker
I have wedding planned on 14 April and my visa expires on 14 March if we don't get license by march 14 can i stay 28 days? and apply by window with unrestriced cos if we get license as I cant take risk to send my passport. currently I am on PSW

any advice would be appreciate I dont much bother if i get rejected I just want to try

I would suggest your company applies for urgent consideration 15 business days before your visa expires. The company should also send a scan of your current BRP/ visa and passport.

we will do this but still not sure if we get decision in time what should I do can i stay for 28days and wait if we get decision can i go to window with unrestriced COS

[IgorSHCH]

[quote] Yes you can apply in the 28 day grace period. But it's always better to apply why your visa is still valid, as if something goes wrong and you are rejected, you will not have right of appeal. [/quote]



Hi, just to confirm: what is the immigration status of the migrant during those 28 day period?

In particular, will my company have to do resident labour market test if my PSW visa expired(Or I get to keep this privilege during 28 days?

Thanks a lot.

Igor

[IgorSHCH]

Guys,

Can anyone reply to my last post please?

Igor

[manci]

[Hi, just to confirm: what is the immigration status of the migrant during those 28 day period? overstayer

In particular, will my company have to do resident labour market test if my PSW visa expired(Or I get to keep this privilege during 28 days? the company will have to do the RLMT. See the T2 policy guidance para 89

[jibri]

[Hi, just to confirm: what is the immigration status of the migrant during those 28 day period? overstayer

In particular, will my company have to do resident labour market test if my PSW visa expired(Or I get to keep this privilege during 28 days? the company will have to do the RLMT. See the T2 policy guidance para 89

So If some one want to apply in 28 days grace period having last leave as PSW the employer have to do RLMT?

and Manci can you please help me on this

we are receiving replies from UKBA that our application for sponsor license received and waiting for allocation to caseworker. does it means the also received the supporting documents?

[manci]

[Hi, just to confirm: what is the immigration status of the migrant during those 28 day period? overstayer

In particular, will my company have to do resident labour market test if my PSW visa expired(Or I get to keep this privilege during 28 days? the company will have to do the RLMT. See the T2 policy guidance para 89

So If some one want to apply in 28 days grace period having last leave as PSW the employer have to do RLMT? read the T2 policy guidance para 89

and Manci can you please help me on this

we are receiving replies from UKBA that our application for sponsor license received and waiting for allocation to caseworker. does it means the also received the supporting documents?[/quote] you can track the package using the Post Office receipt number

[jibri]

Thanks manci

I appreciate your help we submitted application in mid august my visa expire on 14 March. We tracked the royal mail and documents delivered.
we given the tracking id to UKBA and receive this email.

Thank you for your email.
I have checked our records and can confirm the application has been received.
The application is currently awaiting allocation to a caseworker.
Please note: we are currently processing cases received on January 11th.


even though they dealing with January application our still waiting, any idea if we ask for urgent treatment can we get decision before 14 march?

[manci]

you can see from other threads that the processing time of sponsor licence applications is currently 2-3 months (it used to be 6 months not so long ago). It is odd that your company applied in August and still no communication from UKBA. Reply to the email along the lines that if they are now processing January application why haven't they come around to dealing with an August application?

UKBA will only agree to urgent treatment 2-3 weks before the expiry of a relevant visa the extension of which depends on the granting of the sponsor licence and only if a copy of the visa is sent to them as proof,

[jibri]

That's what my company tried to ask from them that why they have not dealt with our application but no satisfactory answer just same answer as I quoted in above post.

We will request for urgent treatment on 22/02 as it will 15 working days to my visa expire date

one more thing if they claim that they don't receive supporting documents or they lost it. do they take that long ? because in their last email they mentioned that delays might be because they did not receive supporting documents and ask for tracking number which we provided then. and receive today same reply that they received application and waiting for allocating its so confusing and uncertainty for me and my employer . is it possible if my employer can talk to them on phone any number because when my boss ring it says email

[manci]

ask your employer to call the employer helpline: 0300 123 4699

[i_am_also_victim]

Hi All,

Just same question again but different situation,

My PSW visa was expired on 15th of december and we applied for Tier 2(G) with COS on 12th december, so my application was in-time application.

Now, on 7th of February, I got outcome from UKBA that they refused my application and the reason they gave me is, my salary is not according to my job role.

They give me right to appeal in 10 working days but we decided to Re-apply under different job category which is near to my job role and my employer also decided to increase my salary.

All my documents are with UKBA.

Now, my question is my PSW visa already expired when I am making this fresh application, so do we have to do Resident market test or not??

any help much appreciated.

[Lokez21]

Hello Manci and Everyone,
Hope all is well with you. I am looking for some guidance and advice regarding my case.
I am currently under PSW visa and I am waiting for the sponsor's license to be awarded for the company that I work for. The company has been carried out with the company checks by a compliance officer, last week. The company is expected to be awarded a sponsor licence(assuming).
Now I am under 28 day grace period and my visa expired on April 13th. I was expecting to submit my application along with COS during my grace period but unfortunately there is a delay in processing our company sponsorship license.

My Questions are:
1. Can I still make an application under Tier 2(General) stating that 'the company is currently awaiting a decision on the sponsor licence application'?
2. If yes, what are all the documents I need to provide them as a temporary replacement for COS.
3. My employer has to terminate my employment legally. Can he still assign the unrestricted COS as I am already in the UK and I worked for him for almost an year as a software developer?
4. His business will seriously hamper as the role I do is much advanced coding which cannot be easily replaced. Do I have to mention it anywhere in my application provided the statement is signed by the company itself. Or do the company have to mention this with their sponsor application?
5. Will my company have to do resident labour market test if my PSW visa expired Or I get to keep this privilege during 28 days?

Thank you. Your help is much appreciated guys.
Lokesh

[manci]

@Lokez21
Assuming your job is not a shortage occupation the company wouldn't be able to assign a CoS to you without doing an RLMT first. At present you are an overstayer and not allowed to work. It would be best if you left the UK before the 28 days after the expiry of your visa are up otherwise an entry ban may be imposed. Once the company receive their licence, and have done the RLMT (which they can start any time), they should apply for a restricted CoS for you and once this is assigned you can apply for entry clearance from home country.

[Lokez21]

@Lokez21
Assuming your job is not a shortage occupation the company wouldn't be able to assign a CoS to you without doing an RLMT first. At present you are an overstayer and not allowed to work. It would be best if you left the UK before the 28 days after the expiry of your visa are up otherwise an entry ban may be imposed. Once the company receive their licence, and have done the RLMT (which they can start any time), they should apply for a restricted CoS for you and once this is assigned you can apply for entry clearance from home country.

Hi Mancy many thanks you looked into it.
In another post of your's, you stated that:
"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 PSW. See para 92 of the T2 policy guidance"

Ref: http://www.immigrationboards.com/uk-tie ... MT#p968236

@Manci Please advice.
Point 92 says:
Post-study Work
92. You will be awarded 30 points if you have a Certificate of Sponsorship and 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]

you are right, I overlooked that you were on T1 PSW. If you apply within 28 days of your visa expiry date RLMT will not be needed.

[Lokez21]

Wow....Manci...
Thanks a bunch for verifying....
Made my day dude..

xx