Out of country / unrestricted COS application: can I start working before the actual visa is issued?

[viv197]

Hi All

Current situation:

- US citizen
- Offer of employment received from UK employer
- Unrestricted COS issued
- Currently in the UK with a "visitor" visa as I was here on business and I stayed due to coronavirus lockdown, but I could try and fly back to US if absolutely necessary to apply for the Tier 2 Visa.

Question:

If I fly home, apply for the Tier 2 visa and pay fees, I understand I will receive immediately a Unique Application Number which I have to communicate to my sponsor (new employer). Is the COS and the Unique Application ID sufficient for me to fly to the UK and start working? Will there be any issue at the border to board the plane or on arrival at Heathrow?

The reason I ask is because in the COVID-19 guidance it says that if you already have a UK visa than needs switch or extension you can start with only the COS and Unique Application number even if your biometrics and photo have been taken and financial decision has been made.

Thanks!

[CR001]

You need a RESTRICTED CoS. Unrestricted CoS is for those already in the UK changing Tier 2 sponsors.

Is the COS and the Unique Application ID sufficient for me to fly to the UK and start working? Will there be any issue at the border to board the plane or on arrival at Heathrow?

No it not sufficient. You need the actual visa. Simply arriving means you are admitted as visitor and are not permitted to work.

[viv197]

Thanks for the reply. I may have missed something but it thought that cos can be unrestricted if the job is in labour shortage or annual income for the job will be more than 160k gbp?

In this instance since I'm already in the UK (on a visitor visa) would it be worth it asking UKVI if I can apply from here due to exceptional circumstances? Would I be able to start work with the COS and visa application?

Thanks.

[lindabassir]

Hi,

From what I understand from guidances, the Ultra High earners / the ones whose jobs are on the shortage list are assigned Restricted CoS and pass the Resident Labour Market Test (RLMT) easily due to the additional points that they get from the salary and soc code.

Good luck and please keep us updates