Tier 2 Switching sponsorship question - help!

DanielWu · Post by **DanielWu** » Thu Aug 21, 2014 5:01 pm

Greetings!

Sorry to bother you and I have few questions regarding my visa application. I lost my job in June and then got the curtailment letter from Home Office saying my final day is 12th September. Then I got a job offer from a new employer, but they got small issue with resident labour market test and can't guarantee my CoS number will be available before 12th September. They suggest me to departure UK and wait for the CoS number ready then apply in my home country (China), will it still be OK? This is my first option, and hopefully the SoC will be ready by 12th September.

Second option, as there is 28-day rule, within 28 days after 12th September if CoS number is ready then I still can apply the leave of remain. But I will lose the appeal if it is refused.

Here are the two options I have at the moment, which one will give me better chance to get the visa? Personally I prefer to stay here avoiding the big job of moving out.

Please leave your comments - appreciate it! Many thanks in advance.

Cheers,
Daniel

manci · Post by **manci** » Thu Aug 21, 2014 8:51 pm

does the company have a sponsor licence?
what is the "small issue" with the RLMT?
both options are feasible but for option 1 you would need a restricted CoS and for option 2 an unrestricted CoS.

DanielWu · Post by **DanielWu** » Thu Aug 21, 2014 9:26 pm

Thanks Manci.

Yes, the new company has a sponsor licence. I don't know what exactly issue of the RLMT is but I will ask them in any case. How long does it take to do RLMT?

I read a bit about the restricted and unrestricted CoS, probably the new company doesn't have unrestricted CoS ready, so they ask me to prepare departure and wait for restricted CoS as far as I understood, maybe I am wrong but I will ask in any case. But as my case is switching employer so unrestricted CoS applies, which means new employer can get it after all the material ready and RLMT done without approval from UKBA as link follows, am I right on this?

http://www.inhouselawyer.co.uk/index.ph ... estricted-

Nevertheless, the better situation for me is for them to apply unrestricted CoS, So that I don't have to departure.

Many thanks,
Daniel

manci · Post by **manci** » Fri Aug 22, 2014 6:27 am

DanielWu wrote:Thanks Manci.

Yes, the new company has a sponsor licence. I don't know what exactly issue of the RLMT is but I will ask them in any case. How long does it take to do RLMT?
advertising has to be for 28 days

I read a bit about the restricted and unrestricted CoS, probably the new company doesn't have unrestricted CoS ready, so they ask me to prepare departure and wait for restricted CoS as far as I understood, maybe I am wrong but I will ask in any case. But as my case is switching employer so unrestricted CoS applies, which means new employer can get it after all the material ready and RLMT done without approval from UKBA as link follows, am I right on this?
to assign an unrestricted CoS they need an allocation but once they have it they can do it in about 20 minutes.
For a restricted CoS they have to apply to UKVI. If hey do it by the 5th of a month the decision is normally available on the 11th of the same month. In both cases the RLMT would have to be successfully completed before they can assign the CoS[/b]

http://www.inhouselawyer.co.uk/index.ph ... estricted-

Nevertheless, the better situation for me is for them to apply unrestricted CoS, So that I don't have to departure.

Many thanks,
Daniel

DanielWu · Post by **DanielWu** » Fri Aug 22, 2014 7:24 am

Good stuff - thanks Manci.
In my case they already put the ad on Linkedin for a while at least 28 days, probably they also need to put it on job centre, but I don't know the exact reason, have asked and see what they come back.

What does it mean 'they need an allocation'? Is it related to their sponsorship grade or they still need to apply from UKBA? In most cases allocation is available or not?

Also, does the cooling off rule apply if I departure UK this time? I don't think so as Tier 2 (ICT) may apply but I am under T2G

Cheers,
Daniel

manci wrote:
DanielWu wrote:Thanks Manci.

Yes, the new company has a sponsor licence. I don't know what exactly issue of the RLMT is but I will ask them in any case. How long does it take to do RLMT?
advertising has to be for 28 days

I read a bit about the restricted and unrestricted CoS, probably the new company doesn't have unrestricted CoS ready, so they ask me to prepare departure and wait for restricted CoS as far as I understood, maybe I am wrong but I will ask in any case. But as my case is switching employer so unrestricted CoS applies, which means new employer can get it after all the material ready and RLMT done without approval from UKBA as link follows, am I right on this?
to assign an unrestricted CoS they need an allocation but once they have it they can do it in about 20 minutes.
For a restricted CoS they have to apply to UKVI. If hey do it by the 5th of a month the decision is normally available on the 11th of the same month. In both cases the RLMT would have to be successfully completed before they can assign the CoS[/b]

http://www.inhouselawyer.co.uk/index.ph ... estricted-

Nevertheless, the better situation for me is for them to apply unrestricted CoS, So that I don't have to departure.

Many thanks,
Daniel

iworker · Post by **iworker** » Fri Aug 22, 2014 9:26 am

Manci,
since the OP last leave is tier 2, if he were to leave uk and apply from home country with a restricted COS, would he not have to serve the cooling period?

North Pole · Post by **North Pole** » Fri Aug 22, 2014 9:40 am

Allocation is number of certificate a company is allowed. It's fairly employer should inform home office during the application of sponsorship license or when it's renewal. Don't think it would take much time to have an additional one.

manci · Post by **manci** » Fri Aug 22, 2014 3:53 pm

iworker wrote:Manci,
since the OP last leave is tier 2, if he were to leave uk and apply from home country with a restricted COS, would he not have to serve the cooling period?
yes, cooling off would apply to an entry clearance application - forgot to mention it in earlier post, thanks for drawing attention to it

DanielWu · Post by **DanielWu** » Fri Aug 22, 2014 6:27 pm

I thought the cooling period applies on T2 ICT not for T2G, please confirm. Below is a reference link:

http://www.pwclegal.co.uk/services/arch ... -law.jhtml

If as you said so I have to stick the second option: stay in the UK until get the CoS then apply the extension.

Cheers,
Daniel

manci wrote:
iworker wrote:Manci,
since the OP last leave is tier 2, if he were to leave uk and apply from home country with a restricted COS, would he not have to serve the cooling period?
yes, cooling off would apply to an entry clearance application - forgot to mention it in earlier post, thanks for drawing attention to it

manci · Post by **manci** » Sat Aug 23, 2014 6:48 am

cooling-off applies to both T2G and T2 ICT entry clearance applications.

manci · Post by **manci** » Sat Aug 23, 2014 6:48 am

cooling-off applies to both T2G and T2 ICT entry clearance applications.

DanielWu · Post by **DanielWu** » Fri Aug 29, 2014 8:58 am

Thanks Manci - got phone call from new employer and they have done the RLMT, they will secure the CoS for me in the next week. Few questions:

1. In my case as I am inside the UK so I will extend my VISA by using the forms as following, right?

https://www.gov.uk/government/publicati ... orm-tier-2

2. As the new company will cover the fee and they suggest me to apply it by using premier service. Is there anything I should pay attention during the process? Should I wait for the final confirmation of CoS then make the appointment?

3. How long can I apply for this new VISA? 3 years or 5 years?

Many thanks,
Daniel

manci wrote:cooling-off applies to both T2G and T2 ICT entry clearance applications.

DanielWu · Post by **DanielWu** » Mon Sep 01, 2014 10:56 am

anyone can help please? Many thanks

DanielWu wrote:Thanks Manci - got phone call from new employer and they have done the RLMT, they will secure the CoS for me in the next week. Few questions:

1. In my case as I am inside the UK so I will extend my VISA by using the forms as following, right?

https://www.gov.uk/government/publicati ... orm-tier-2

2. As the new company will cover the fee and they suggest me to apply it by using premier service. Is there anything I should pay attention during the process? Should I wait for the final confirmation of CoS then make the appointment?

3. How long can I apply for this new VISA? 3 years or 5 years?

Many thanks,
Daniel

manci wrote:cooling-off applies to both T2G and T2 ICT entry clearance applications.

DanielWu · Post by **DanielWu** » Mon Sep 22, 2014 10:31 am

The case is closed - I got my leave of remain extended for 3 years. I will start my new job next week. Many thanks to all for the information and help.

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Tier 2 Switching sponsorship question - help!

Tier 2 Switching sponsorship question - help!

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Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!

Re: Tier 2 Switching sponsorship question - help!