Urgent - stay after visa expiry

[emceez]

Hi guys,

I came here to UK on a Tier 2 ICT dependant visa. Both mine and my wife's visa was sponsored by her company and was valid till end of the year. My wife is being asked to travel back end of this month.

I managed to find a job for myself. I am pushing for my visa through my company who is a licenced sponsor. My HR did apply for the CoS but she was asked to provide the below information and she did manage to provide it 10 days back.

• A full job description for the post above, including the minimum experience and/or qualifications required.
• Should the individual be working on assignment to another organisation, a copy of the contract outlining the nature of the work and lines of responsibility.
• Where an individual has been identified for this position, confirmation of their name, nationality and date of birth.
• A copy of the contract of employment for the post above. The contract must clearly state the salary on offer and any allowances and/or deductions. It must also state the normal number of hours to be worked per week.
• Full copies of all advertising undertaking to recruit to the above post, along with evidence of where the advertising was placed and that all advertisements were available for a minimum period of 28 days.

I have a few questions regarding this situation.

Is there anything more to be done from my side or my HR side regarding this CoS application or is it just a decision pending with UKBA?
Even if my wife is asked to return back and her sponsor decides to close the CoS, can we still stay in UK for few more days as our visas are valid till end of the year? (Atleast till I get the CoS, and then I can head back and re-apply for my visa)

Experts, kindly reply.

Regards,
Manish

[manci]

Hi guys,

I came here to UK on a Tier 2 ICT dependant visa. Both mine and my wife's visa was sponsored by her company and was valid till end of the year. My wife is being asked to travel back end of this month.

I managed to find a job for myself. I am pushing for my visa through my company who is a licenced sponsor. My HR did apply for the CoS but she was asked to provide the below information and she did manage to provide it 10 days back.

• A full job description for the post above, including the minimum experience and/or qualifications required.
• Should the individual be working on assignment to another organisation, a copy of the contract outlining the nature of the work and lines of responsibility.
• Where an individual has been identified for this position, confirmation of their name, nationality and date of birth.
• A copy of the contract of employment for the post above. The contract must clearly state the salary on offer and any allowances and/or deductions. It must also state the normal number of hours to be worked per week.
• Full copies of all advertising undertaking to recruit to the above post, along with evidence of where the advertising was placed and that all advertisements were available for a minimum period of 28 days.

I have a few questions regarding this situation.

Is there anything more to be done from my side or my HR side regarding this CoS application or is it just a decision pending with UKBA?
there is nothing for you to do and if the HO find the answers given by HR acceptable nothing for them to do either

Even if my wife is asked to return back and her sponsor decides to close the CoS, can we still stay in UK for few more days as our visas are valid till end of the year? (Atleast till I get the CoS, and then I can head back and re-apply for my visa)
when your wife's job is terminated her sponsor will inform the HO and her and your visas will be curtailed to 60 days from the date the HO make the curtailment decision unless your visas expire earlier. Both of you can stay in the UK during this period
Experts, kindly reply.

Regards,
Manish

[pswtotier2]

Hi Manish,

I am in same situation as yours; Can you tell me when your HR apply for new COS and provide the additional details. My one sent these details mid july ( 4 weeks ago). and my new HR called HO and they said there is a backlog and it takes time. anybody have any idea when this will be finished and when we will get the new COS? happened in the past as well?

If you have any news please share here

Thanks

[emceez]

Thanks a lot for your reply manci.

I just got the news from my HR that the HO has rejected the CoS application as the job was not sufficiently advertised when I was recruited. I think my company will now have to advertise the job again and apply for a restricted CoS after the 28 day period.

My wife is asked to return Sept 4th, so this grace period of 60 days is useful for me to get my CoS and return back and re-apply for my visa.

Regards,
Manish

[Frontier Mole]

If your wife flys back and her Sponsor tells UKVI that she is no longer in the UK there is every chance UKVI will not actually issue a curtailment letter. If they check the flight details for her and she is gone they just put a block on re-entry. If the casewoker is smart he will check your details too but if does not they will not send out curtailment.
Don't be fooled into thinking everything is ok as it will still be deemed your visa is curtailed based on your reliance of your dependentt for stay in the you. By the very definition of your dependent visa if your wife leaves the country and her sponsorship is withdraw you have no legal right to remain. In effect by not returning you are in breach of your visa conditions.
Thr 60 days only comes into play if your wife is actually curtailed and remains in the UK.

[North Pole]

I read somewhere that the 60 days leave to remain is only there when the job is terminated with more than 6 months visa left over. Say if your employer ends your job when you got 5 or 4 months left then you are allowed to stay until your visa end date. I'm not sure whether this applies for ICT but sure it does for tier 2 g. Hope this helps

[Frontier Mole]

The current position is now bssed on 60 days or less then curtailment will not take place. Six month concession is long gone.
This applies accross the board for PBS visas.

[emceez]

Hi Frontier Mole/manci,

My wife decided to quit the job as she was asked to travel back, because we wanted to continue to stay here for a longer time.

Today was her last working day here and her HR has told her that she needs to travel back within 10 days. I want to know if it is as per UKBA rules or is her company just making sure that she travels back and they don't end up with any problem later on.

I am yet to get my CoS as the Market Labour Test is ongoing, so would want to wait till I get the CoS. Any inputs/suggestions would be helpful.

Regards,
Manish

[manci]

@emceez
Once your wife's job is terminated the sponsor has to inform UKVI of the termination within 10 working days. After that her erstwhile sponsor has no responsibility with regard to your wife. What she does after the termination, whether she travels back to her home country or stays in the UK has nothing to do with them (and it is outside their remit as PBS sponsors to tell her what to do!)

Both her and your visa will be curtailed to 60 days from the time UKVI make the curtailment decision which will be some time after they receive the sponsor's notification of the termination. Both of you can stay in the UK until the expiry date of your curtailed visas. However, be aware that if you leave the UK on a curtailed visa your cannot return to the UK on the same visa

[emceez]

Thanks manci.

But how and when will we be notified about the visa curtailment?

[manci]

by post (make sure the HO have your current address)