Tier2 (General)visa aplicatin without CoS numbr?? please hlp

[dipen]

Hi there all,
its a Tier 2 general -chef visa (29,570 salary) -switching from tier 1 psw, sponsor is restaurant with A rating licence
I had previously posted here about my situation, now im in trouble again because of some technical mistake on my CoS (53 hrs was mentioned on my CoS as working hours where max 37 hrs pw is allowed for same sponsor--refusal letter says)

I have no right of appeal coz ive got valid visa and that runs out this thursday (28 august) Tier 2 (general)- chef visa refused just because of 53 hrs mentioned on cos, and you know that i have no appeal right, so first i thought to get new cos and reapply , I ve already scan my visa and sent it to homeoffice in order to get cos number for emergency request but now problem is my employers says he request for the cos number which they haven't received yet and dunno how long it takes (apparently 4 weeks),

or is there anyway my sponsor can get cos on this tuesday, my employer was only allocated 1 cos recently and that is used on my first application now how can i get another unique cos again in next day......is there any way ..... now i am thinking to apply for the same post (Tier -2 shortage of occupation list-chef) without the cos number , is it possible or would it be valid?? ......and then after a week or more when i get cos i send them again with my ref no. would it be okay???

what shall i do guys my visa running out this thursday!! please help


i would be grateful please suggest me

[Frontier Mole]

You can apply without the COS but be aware that if your employer can not get UKVI to issue a new COS it will obviously be a refusal.
There is a possibility that a new COS will take a while as there will be questions about why the hours were declared as 53 and that puts into question the salary hourly rate etc.

You should get your employer to write a covering letter stating it was their error, confirming the hours employed and stating any overtime etc will be paid at the hourly rate.... They should also provide a copy of COS request from SMS.

Do not expect UKVI to hand over the COS quickly and be prepared for a refusal on your visa unless you can demonstrate 5 years experience as a chef which given at that at least some of the last 5 years would have been spent as a student....

[dipen]

You can apply without the COS but be aware that if your employer can not get UKVI to issue a new COS it will obviously be a refusal.
There is a possibility that a new COS will take a while as there will be questions about why the hours were declared as 53 and that puts into question the salary hourly rate etc.

You should get your employer to write a covering letter stating it was their error, confirming the hours employed and stating any overtime etc will be paid at the hourly rate.... They should also provide a copy of COS request from SMS.

Do not expect UKVI to hand over the COS quickly and be prepared for a refusal on your visa unless you can demonstrate 5 years experience as a chef which given at that at least some of the last 5 years would have been spent as a student....

you are right if i missed to submit cos before my caseworker started looking into my case, the application would refuse, so would i get appeal right then??
and my first application was refused just because low hourly rate coz they worked it out this way (29570/52weeks/53hours working=10.72*52*39 only allowed=21759 low salary) but now mine circumstances has changed and working only 39 hrs a week and getting 29570 pa, to prove this i submit couple pay slip this time, and yeah on student i was working part time chef and on psw full time chef and i was chef in my own country for more than 5 years before i came uk.
now employer has written the letter saying we ve already request the cos, and will forward once we receive it, so what do you suggest at the end, does it worth to apply without cos and if we missed to submit cos in time or didnt get cos et all, what happens on my case then?? many thx