Tier 2 Sponsor licence and restricted/unrestricted cos

Hello All!

I'm on Tier 2 General working on a grant-funded project between a University and a company- Visa sponsored by University and on their payroll, but work for company.

My 2 year contract is coming to an end on the 31st of March and the company wants to keep me on as their head engineer. The job has been advertised for the RLMT but they're having problems getting a sponsor licence in time: 1st application made Jan 2012, rejected as not signed (payment returned), second application (and original paperwork) lost (have reference number and payment taken, but they can't find it, but was not sent recorded). Third application went in Feb 27 (hopefully with original paperwork!).

My current visa runs out on the 14th of April, so it's now a stressful waiting game.

I'd be grateful if you could help me understand a couple of things:

1. What is the general waiting time for a tier 2 sponsor licence? Do they always carry out site visits? Is there any way to expedite the process?
2. If the licence doesn't come through on time, could I still make an application and send in CoS info through later on or in an appeal/reapplication? Would I automatically be given the right to appeal or make a reapplication? In this case, would it be considered an out of turn application, thereby breaking my continuous legal residence and affecting prospects of applying for 10 year ilr?
3. If I do leave the country and make an out of country application, would my sponsor be able to request a restricted cos, or would they have to upgrade their licence for this? How long does it take to grant a restricted cos and make an out of country application?

Finally, could you please recommend a trustworthy immigration solicitor? I've always taken the legal route and worked hard and it's very stressful having to worry about a visa every couple of months!

Thanks for your advice!

Dear Johnjkjk,

A licence application can take up to 3 month; the UKBA might want to audit your employer also, to insure they can meet the requirements for sponsorship

For further information on restricted and unrestricted CoS applications you can
contact me direct at info@spammer.com or visit our website http://spammer.com/Tier_2_General.html for further information on CoS applications

Hi Link Law,

Thanks for the info. I take it then that 3 months is the upper time limit? Is there any way to expedite the process- would say persistent phone calls help or just annoy them?

Thanks,
John

Hi John

Usually an application can take up to 12 weeks for processing, they might be able to complete it sooner, but I would not recommend calling the UKBA all the time.

The best way forward is to insure you have submitted the correct documents in the first instance to insure the success of your application, secondly make sure your employer has their house in order before the UKBA compliance audit (which is part of the licence application process). if the employer fails the audit they will be issued with a "B"Rating which means they would not be able to allocate CoS

for further details on audits visit http://spammer.com/Audit.html

Hi Link Law,

Thanks again for the info, much appreciated. Is any advance notice given prior to an Audit, or are these surprise checks? My company is a rather small family-run business and HR staff are either part-time or travel between multiple sites- so it wouldn't be handy if there isn't anyone around on site when they turn up!

Regards,
John

Hi John,

Usually a visit will be announced if it is in relation to a sponsor application.

The UKBA will give you 10 days notice.

If you or your employer require further guidance regarding a UK Border Agency audit please contact me via our website www.spammer.com or email info@spammer.com

Best wishes

LL