Delay to issue COS for tier 2 visa

dr_smmr · Post by **dr_smmr** » Sat Dec 18, 2010 3:22 pm

3000rpm wrote:we have been in touch with our agency and yesterday were told that our application was in on time but was not seen at the panel, no reason was given

we were told to email it to someone and it would be looked at within the hour, this then turned to the end of the day

then we phoned this morning and told that still waiting

this afternoon found out that they did not look at all the cos applications, only some as too many and ours was not urgent enough to look at so will be rolled over into januarys meeting

my case is urgent that my staff member had to exit at end of october as we submitted cos and another form at the same time as our agency had done in the past with no problems but they changed the rules that month and told us it would be november meeting

we waiting until then after leaving country to be told november meeting was delayed and got word back end of november to say not this time as the 32k cap

we put in again with 33k and then again delayed in december and then told today that was not even seen and not urgent enough its rolled over, if this was any other business other than the government then this would never happen its total shambles

has anybody else had this problem this month?

Hi rpm

Which contact number did you cont.Can you please give the contact number or email address of HO ???

regards

dr_smmr · Post by **dr_smmr** » Sat Dec 18, 2010 3:28 pm

hify_hify wrote:I got the email below from my HR today;

Just to let you know that we have received another rejection from the Border Agency.

We are now required to fill a further section in on the form and resubmit.

I will need your assistance to complete the details necessary as they are pertinent to the post that you undertake.

We must choose a shortage occupation code and post title/duties from a list supplied by the Border Agency.

Can you come across to Dean Clough as soon as possible and we can go through this together.

UKBA also confirmed that with regards to the re-submission of your application, this can occur at anytime, and isnâ€™t confined to the 1st week in each month.

This is my second application. We will re-submit next week as my visa expires 31 Jan 2011.

It is great news to hear the Verdict today that the interim limit cap was unlawful. I do hope that by next week that HO will open the Sponsorship Management System pending when they have found grounds for Appeal or by April 2011.

To God be the Glory for this new development.

Hi @ hify_hify
Which part of the form you required to fill again...can you please tell me...or send me the details to my e mail....dr_smmr@yahoo.com

i am still waiting for cos for last few months. I need to spk with HR to make them alert if they miss any part of application before refuse again.

regards

arsenal49 · Post by **arsenal49** » Thu Dec 23, 2010 11:58 pm

ashleyransoo wrote:I got response from UKBA:

"This month the panel awarded additional allocations of CoS to sponsors with posts meeting the following criteria:

â€¢ New shortage occupation posts with salaries above Â£20,000 per annum and
â€¢ New non-shortage occupation posts with salaries above Â£32,000 per annum."

Nowhere in policy guidance was mentioned that for non-shortage they will consider Â£32k as cut off point this month. Nobody knows what will be the cut-off point next months and further. If employers knew then they wouldn't have submitted stupidly with salary less than 32k. UKBA is not playing fair.

I have now run out of stay, and FLR rejected, will have to leave as I see no chance of winning an appeal with their rubbish rules.

Good luck to you guys!

may i ask, how did you extract this information from ukba. telephone? email? which number?

any help will be appreciated

regards

3000rpm · Post by **3000rpm** » Fri Dec 31, 2010 5:46 pm

not sure if i should get too excited or not but just got this email today at 14:28

"TIER 2 (GENERAL) â€“ REQUEST FOR ADDITIONAL ALLOCATION OF CERTIFICATES OF SPONSORSHIP

Your request for an additional allocation of Certificates of Sponsorship (CoS) has now been considered out of panel by managers from the Sponsorship Unit.

This month the panel awarded additional allocations of CoS to sponsors with posts meeting the following criteria:

New shortage occupation posts with salaries above Â£20,000 per annum and
New non-shortage occupation posts with salaries above Â£32,000 per annum.

You have been awarded 1 Tier 2 (General) CoS. This is the full amount of CoS that were forwarded for consideration to the panel. You will have been notified separately of any extensions or rejections of CoS from your request. These CoS should only be used to fill posts for 1 x Laptop Repair Engineer, salary: Â£32,000.00. Your Sponsor Management Account has been updated and you are now able to assign these CoS."

we put in for the december panel and did not hear back, they got back on 20th and says that they got forms but did not decide and did not give any reason, we then complained about this as they told us was not urgent enough and wait till january, after complaint they asked for information on the residential market test which we sent over on the 23rd and they went off on holiday

im hoping this means they got this information and this confirms i have a cos finally

arsenal49 · Post by **arsenal49** » Sat Jan 01, 2011 2:46 am

ummm, i dont see why you are still confused. its pretty clear that they have awarded your employer a COS for laptop repair post...

relax

regards

3000rpm · Post by **3000rpm** » Sat Jan 01, 2011 11:45 am

thanks

dr_smmr · Post by **dr_smmr** » Tue Jan 04, 2011 1:29 pm

3000rpm wrote:thanks

has anybody heard from January panel?

hsyasin · Post by **hsyasin** » Fri Jan 07, 2011 10:31 am

Nop, quite worried..
Infact my employer called them last month before applying for my COS, and for some strange reason they gave him quite good information and they told him that he'll recieve a reply abt COS on 14th or 15th of Jan.
and i think he sent my application on either 10th or 11th of december..

My post was from SOL and around 23k, but i dunno why he put my application at 40k

Genuinealb · Post by **Genuinealb** » Fri Jan 07, 2011 1:46 pm

My employer got the CoS after four months. They have applied and rapplied and asked urgent consideration and all this stuf about 10 times. On 4th of january my HR manager called them and they said that they havent got any of our documents sent on december 17th. The next day when he called them again they said they got it and are going to review it. on 6th they allocated the CoS which now has been assigned to me.

My work permit visa expired on 1st of november so I sent the tier 2 application without a CoS on 29th of October and sent a covering letter explainin how the situation is and to hold my application in abbeyance until I get the CoS.

On january 4th they refused my application because I didn't have the COS.

I do not know what to do now: to appeal or to send a fresh application with the CoS number.

Any advice?

hsyasin · Post by **hsyasin** » Fri Jan 07, 2011 4:06 pm

To be honest, m not really sure abt wat to do in this situation..
But i rekon if they've given u a chance to appeal then, go for appeal with the COS that u've jst received. But let some expert answer that, coz i dont really know whether in appeal, u can send extra documents like the COS, wich u didnt send with ur application.

pricesoft · Post by **pricesoft** » Fri Jan 07, 2011 6:51 pm

As hsyasin said, it is a tricky one.

If you are in the UK,I'll suggest that you go to the appeal armed with the COS you have just been issued. Not sure whether you are going for the oral appeal or the written appeal, but in any case you ideally want to make sure that the arguments are along the lines that there was a delay with the UKBA issuing the COS but that you've now got it. I don't know what your chances are and I wouldnt want to speculate.

If the appeal is allowed with the COS, then fine, otherwise you can then send in a new tier2 application with the same COS you have just been issued. You might need to return to your home country to re-apply though. Very importantly, keep in mind that the COS must be used within 3 months from date of issue I think, so you need to make sure that whatever you decide to do with the COS is done within that time. If the appeal isn't decided within that time, withdraw the appeal and put in a new application from your home country.

If you are applying from outside the UK, I would suggest that you just send in a new application as you likely to get your visa faster that way. Appeals can take a while to decide.

Please don't take my advice very seriously and endeavour to still seek advice from the moderators on this forum.

Genuinealb · Post by **Genuinealb** » Sat Jan 08, 2011 12:39 pm

Thanks for your opinions.

Am I an overstayer if I go and apply from my home country?

I asked a solicitor and he thinks that it might be worth sending a fresh application from within UK.

Confused...!!

pricesoft · Post by **pricesoft** » Sat Jan 08, 2011 2:54 pm

Sure.

At the risk of sounding too pessimistic, you need to keep in mind that any application you make from within the country will be considered as breaking the condition of your current stay condition under section 3c and I understand you will automatically become an overstayer if this is the case. Applications made as an overstayer I believe is considered at the discretion of the UKBA.

You need to evaluate whether this is a risk worth taking as I hope you know that any CoS you use for your application will be considered as 'used' whether or not the application is successful or not and cannot be re-used. If your employer has gone through so much trouble in getting a CoS for you (they are hard to come by this days aren't they?), I believe the safe thing to do is sending in a valid tier2 application that doesn't give the UKBA any reason to deny or refuse your application.

Just to stress again, any application you make from within the country MAY VERY WELL be allowed like the solicitor said.

Just a quick question, do you mind telling me what your salary is. Or safer, your salary scale. My employer has been trying for a while now to get a CoS for me and we've been unsuccessful on every occasion.

Genuinealb · Post by **Genuinealb** » Mon Jan 10, 2011 12:10 pm

Just a quick question, do you mind telling me what your salary is. Or safer, your salary scale. My employer has been trying for a while now to get a CoS for me and we've been unsuccessful on every occasion.

Around 23k per anum.

ashleyransoo · Post by **ashleyransoo** » Tue Jan 11, 2011 12:25 pm

Genuinealb wrote:
Just a quick question, do you mind telling me what your salary is. Or safer, your salary scale. My employer has been trying for a while now to get a CoS for me and we've been unsuccessful on every occasion.
Around 23k per anum.

Hi I'm also wondering if your job was on the Shortage List or in the creative sector. Because so far, to the best of my knowledge, no non-shortage job under 32k have been given COS.

Would really appreciate to hear back from you.

Regards
Ashley.

dr_smmr · Post by **dr_smmr** » Tue Jan 11, 2011 12:40 pm

Hi I have got COS today....

Its in non shortage list, 42K, 1st job, reapplied in NOV 2010...

regards

Nicky09 · Post by **Nicky09** » Tue Jan 11, 2011 4:24 pm

Looks like the salary threshoold has been raised again.

Just got a rejection letter (I have a non-shortage academic position):

The January 2011 panel awarded additional allocations of CoS to sponsors with posts meeting the following criteria:

Shortage Occupation posts with salaries of Â£28,000 per annum and above

Non- shortage occupation posts with salaries of Â£36,000 per annum and above

Genuinealb · Post by **Genuinealb** » Tue Jan 11, 2011 6:04 pm

Actualy is quite weird how i got the CoS.
I am a mechanical engineer but the job is not on the shortage list and the employer did'nt take a RLMT. However we applied when I had less than 60 days left on the visa and was going for the transitional arrangements.
The human resources manager has been constantly in touch with them and he has been arguing their rejections. He even insulted them because of the mess and distruption they caused.
One day they said we havent got your application the other day they said we have it and the next day someone tok a decission before the panel just like that.

I think we have been quite lucky and God helped us.

But i still got troubles to come as I do not know what to do now. I have paid a solicitor when i first applied and he thinks that we sholud send a fresh application instead of lodging an appeal, but it doesn't sound to convincing.

Good luck to everyone

P_King · Post by **P_King** » Wed Jan 12, 2011 10:21 am

ashleyransoo wrote:
Genuinealb wrote:
Just a quick question, do you mind telling me what your salary is. Or safer, your salary scale. My employer has been trying for a while now to get a CoS for me and we've been unsuccessful on every occasion.
Around 23k per anum.
Hi I'm also wondering if your job was on the Shortage List or in the creative sector. Because so far, to the best of my knowledge, no non-shortage job under 32k have been given COS.

Would really appreciate to hear back from you.

Regards
Ashley.

Hi Ashley,

Just to let you know that my salary band is under 32k and my job is also a non-shortage category, but with God's grace I did receive a COS in November panel.....I think the most important thing here is RMLT and a cover letter sent by your employer explaining how you are valuable and appropriate for the company against any other candidate. Hope this helps!

Kind Regards!

wf · Post by wf » Wed Jan 12, 2011 12:03 pm

P_King wrote: Just to let you know that my salary band is under 32k and my job is also a non-shortage category, but with God's grace I did receive a COS in November panel.....I think the most important thing here is RMLT and a cover letter sent by your employer explaining how you are valuable and appropriate for the company against any other candidate. Hope this helps!

What visa were you on previously?

arsenal49 · Post by **arsenal49** » Wed Jan 12, 2011 12:44 pm

P_King · Post by **P_King** » Wed Jan 12, 2011 12:51 pm

wf wrote:
P_King wrote: Just to let you know that my salary band is under 32k and my job is also a non-shortage category, but with God's grace I did receive a COS in November panel.....I think the most important thing here is RMLT and a cover letter sent by your employer explaining how you are valuable and appropriate for the company against any other candidate. Hope this helps!
What visa were you on previously?

I was on a PSW visa, but it got expired before I got my COS. So I had returned to my home country and then applied for a fresh tier 2 visa from there. I was not under any transitional arrangements or extension....

Kind Regards...

ashleyransoo · Post by **ashleyransoo** » Wed Jan 12, 2011 2:12 pm

P_King wrote:
wf wrote:
P_King wrote: Just to let you know that my salary band is under 32k and my job is also a non-shortage category, but with God's grace I did receive a COS in November panel.....I think the most important thing here is RMLT and a cover letter sent by your employer explaining how you are valuable and appropriate for the company against any other candidate. Hope this helps!
What visa were you on previously?
I was on a PSW visa, but it got expired before I got my COS. So I had returned to my home country and then applied for a fresh tier 2 visa from there. I was not under any transitional arrangements or extension....

Kind Regards...

Many thanks for those clarifications.

Just got another question, if you don't mind telling us your job title and if it in the creative domain.

Much appreciated.

Ashley.

P_King · Post by **P_King** » Wed Jan 12, 2011 3:44 pm

Hi Ashley...

My job title is Operations Manager and it is not under creative domain.

Kind Regards...

ashleyransoo · Post by **ashleyransoo** » Wed Jan 12, 2011 5:23 pm

P_King wrote:Hi Ashley...

My job title is Operations Manager and it is not under creative domain.

Kind Regards...

Thanks for getting back to me.

it is really weird and you are lucky enough to have been given a COS.

I know no other cases of PSW having a salary Band D and on a non-shortage occupation having been given a COS other than yourself.

Although you did RMLT, which I did too and engaged a highly reputed law firm in the city to make strong representation of my situation.

Regards,
Ashley.

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Delay to issue COS for tier 2 visa

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