Tier 2 General Extension

[kevstar]

Hello everyone,

I'm new to this forum and I'm wondering if someone would be able to help me out.

I made an application on the 9th May 2014 to extend my Tier 2 General Visa which expired on the 8th June 2014. I used the same CoS details in my application as I did for the T2G intial application three years ago. It appears that my sponsor's licence has since expired and the sponsor licence renewal process did not get completed and I have now noticed that my employer is no longer on the latest list of registered sponsors.

I haven't yet heard anything personally from the home office apart from the confirmation of receipt of my application and biometric enrollment but my manager told me that the caseworker made contact and said my application would not be accepted since our sponsor licence has expired and the CoS would be not valid any more. My employer is willing to renew the licence but this might take a while (30 days at least) and I don't think I've got much time on me. In addition, my manager was thinking that it might be best to ask our sister company to sponsor me as their licence is still current and would be able to sponsor me under Tier 2 General in case they have an allocated CoS available. What do you reckon I/my employer should do?

I was under the impression that I wouldn't need a new CoS for extending my VISA since nothing has changed since - same employer, same job and slightly increased salary. I guess I was wrong?

I would have been living in the UK for 10 years (study and work) in January 2015 and therefore I just need an extension for a minimum of 7-8 months before I could be eligible to apply for settlement.

Any advice you could provide me would be greatly appreciated.

Thanks,
Kevin

[moonlight55]

Yes, a new CoS is required even for extension of visa in an existing employment.

Renewal of licence will take some time unfortunately. I'm not sure of what arrangement your employer have with the so called sister company. If the sister company has a seperate licence, IMO it would be like changing employers if you want them to provide sponsorship.

If that is the case, as per UKBA rules, your new sponsor needs to do an RMLT before they can assign you with a CoS. This will take time as well. This can be exempted if your job falls under Shortage Occupation.

There are quite a few IFs and BUTs, and since your current visa has already expired, not sure you have much time to sort this out. Suggest you talk to a good immigration consultant for your case.

[kevstar]

Thanks mate for your advice.

I'll definitely have to seek the help of an immigration consultant as there isn't much room for mistakes anymore. My company is basically part of the currently licensed company (Europe) and is an A-rated sponsor in ICT and T2G. Moreover, I initially switched my immigration status from Tier 1 Post Study Work to Tier 2 General and RMLT wasn't required for my initial T2G application three years ago.

My job does not fall under shortage occupation but as it stands, I'm the only person in the company who can provide technical expertise on their software products.

Having said that, would they still need to conduct RMLT?

My documents are still with HO although we have now passed my visa expiry date.

Cheers
Kevin

[iworker]

I would recommend that your current employer writes a letter to UKBA giving reference number of your current application. They should mention that they have made a honest mistake, and are currently renewing the licence and so should put your application on hold.

Once that is done, the company should assign you a new COS which will generate a new cos number for u. (this is a requirement for extension application ). You will probably need to send a new application form filled as your last application form is incomplete, coz u never filled the cos details which u should have done.

meanwhile, if ukba still rejects your visa, be prepared to file the visa with all relevant info (new cos number after renewal of licence) within 28 days of rejection of this extension.

I would say going with another company can very more difficult. As they will need to carry out RLMT, and then assign cos etc, and then u will have to withdraw your current application and apply for a new one. Having said that, it may still be worth ask the sister company to start the RLMT ASAP anyway, to cover for the fact that if your current company is unable to renew the licence and generate a cos for u within 28 days of your rejection.

[kevstar]

Thanks a bunch iworker. Your response is very helpful.

My company's sponsor licence expired in Dec 2012 and it seems that we would need to make a fresh application to be a sponsor again but it's worth a try!

Regards,
Kevin

[iworker]

i will also suggest the following:

1. your own company:
Ask them to request ukba to file for renewal of licence as opposed to new application.
request urgency

2. Sister company:

Ask them to undertake the RLMT. Make sure they know all specific requirements of RLMT like end date, salary etc.. they are very pedantic about it.
Ask sister company to check if they have a COS allocation as well, if not, then request that.
This is all to make sure that if ur current application is rejected, and ur current employer is unable to get all ready by 28 days of your rejection, u can file a new visa application with sister company.

[kevstar]

Thanks again iworker.

I've passed on your sugestions to my employers and the advice given by our legal team is along the same line.

Fingers crossed, things sort out okay.

Regards,
Kevin