Immigrationboards.com

[fembiz]

Hi guys,

I need some advice regarding applying for a Tier 2 (General) visa. I am currently in the UK on a Tier 1 (PSW) visa which expires on July 20th. My employer sent a sponsor's license application on April 13th. As we have not heard anything back from the UKBA, my boss asked me to call them to check the status of the application on June 7. On calling them, they told me they've received the application but have not even done anything with it because they have backlogs and applications will take a minimum of 12 weeks to be decided. This means we won't know the outcome of the application until after my visa expired. I then explained to the UKBA agent on the phone that my visa is expiring in about 5 weeks and I am a key member of staff. The UKBA told me that we can email them and request urgent treatment when I have only 4 weeks or less left on my visa. My boss was going to email them yesterday so I called them to find out the email address to send the request to. The UKBA agent I spoke to this time, told me that we can only request urgent treatment when I have 2 weeks or less on my visa. Now this really bothers me as I don't know if they will grant the license within those 10 working days. Has anyone had any such experience? If so, how long did they take to process the sponsor's license application after requesting urgent treatment?

Also, in case they do not grant the license by the time my visa expires, what options do I have? Can I send my application with a covering letter from my employer explaining the situation to them?

Please I need advice as I do not know what to do. Thanks in advance.

[johnjkjk]

You can request urgent treatment as they say however you may not receive the licence in time as they take a terribly long time to actually send out the approval letter, that is to say assuming your company's paperwork is in order and no checks need to be made.

You could try submitting postal application with suitable covering letter and send in licence and COS once you received it, but at your own risk.

Since you're on PSW, you do have the option to apply from overseas (albeit with a restricted COS). If you were already on Tier 2, this would not be an option due to the cooling off period.

July 20 is quite a way away, I suggest keep emailing them for updates. Check sponsor register regularly as this is updated as soon as the licence is granted (i.e. before you will receive the letter). Your company can use the SMS as soon as they receive the user name (via letter) and password (via email).

[fembiz]

Hi johnjkjk,

thanks for your reply. I called them this morning and they said we can only request urgent treatment when there is 2 weeks or less left on my visa. But for me, that time frame is too short as I don't know if they will give us the license on time. I am pretty convinced that my employer's paper work is intact as we are a well established company who have been operating in the UK for about 20 years now and our clients are pretty much every major brand you can think of.

I spoke to 3 different people at the immigration advisory bureau and they all said different things:

1. The first guy said I can send in a late application as long as I include a covering letter from my employer explaining the reason for the delay in making my application. He also said I should send in a copy of the confirmation email when we made the sponsor's licese application as well as a copy of the letter informing us that the license has been granted. He went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

2. The second guy told me something quite different. He said I should send in my application before my visa expires even if we haven't received the license yet. He went further to say that I should also send in a covering letter from my employer explaining that we have applied for a license and are simply waiting for it to be approved. In addition, we should also send in a copy of the email confirming the date we made the application so that they can see we made it well in time. He says we should ask them to hold the application until we receive the license and CoS. He said that while the UKBA have my application, it grants me an extension and I can continue working unless they reject my application. He also went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

3. The third guy says I should also send my application in before my visa expires along with a covering letter from my employer explaining the reason for me making the application late. He says however, its up to the case worker's discretion if they will hold it until we receive the license.

This whole thing is just so bad as the UKBA people keep givng me conflicting information and I don't really kow what to do.

Any thoughts on what I could do? What would you advise?

Thanks

[fembiz]

sorry in my last thread I wrote: I spoke to 3 different people at the immigration advisory bureau

This is wrong. What I meant was that I spoke to 3 different people in the UKBA's Immigration enquiry bureau

[breakingwaves]

Please keep us in the loop with any updates. I am in a similar situation (New sponsor application on February 22, T5 visa expired on May 22, and we had to leave the country as we hadn't heard anything).

When we asked them to expedite the process, they said that they were unable to do so as we didn't specify it was an urgent application initially.

[johnjkjk]

I would always recommend making an application in time, even if some information is missing and a good explanation is supplied in the form of a covering letter.

[sussexguy]

[Richo]

I'm also in the same boat. My company applied for a license mid-Feb and we've yet to hear anything. I'm back in Australia now, but I would've had to return anyway as I was on a T5 YM and it expired 2 weeks ago. At first I was hoping to have a CoS by the 5th of May, then 5th June and now crossing fingers I have it in time for the next cycle in July. If this slips another month I'm probably just going to get a job here in Australia.

Anyone have any idea how long this backlog is? If I check the sponsor list daily they are only granting around 3-5 licenses per day.

[fembiz]

sussexguy: Here's the infor you requested

1. I called the employer's helpline 03001234699
2. One of my directors who made the application, forwarded the confirmation of receipt to me as he wants me to be in the loop with everything that's going on. So I have all the details of our application. He even asked me to call them directly and handle it. So each time I've called them, I simply acted like I was the employer and not the migrant.

Richo: this whole thing is a nightmare. It's not going to be fair if we get punished or penalized due the delays from the UKBA.

3 different people at the UKBA immigration enquiry bureau said that the UKBA cannot penalize a migrant due to something that is their fault.

However, I don't know how accurate that information is because they keep giving me conflicting and contradictory info.

My director yesterday emailed them to request urgent treatment so we are still awaiting a reply from them.

Another UKBA agent at the immigration enquiry bureau told me that my employer can ask the sponsor's licenseing unit to issue us with a letter stating that they are processing the application. He said I should then put that letter along with a covering letter from my employer and make my application before my visa expires. According to him, he says he's come accross a few similar cases and this is what was done. He then went further to say that if they refuse to do that, that we should file a complaint as it would really not be fair to the company or myself if they don't give us the license on time or some form of documentation that can grant me a temporary extension until we get the license.

What's funny is that I called the sponsor's licsensing unit back on hearing this and the agent I spoke to said she had never heard of any such thing. It seems everyone at the UKBA is confused and even they don't know what their policies are.

Very frustrating.

[pclk]

Hi Guys,
I am also in the same boat. Currently I have PWS visa which is going to expire at the beginning of AUG 2012 and my employer submitted an application for getting a sponsorship licence in 8th of June. I have seen on UKBA webpage that there will be delays in processing time and I called them to find out whether this delay applies on first time sponsorship licencing applications or not. I have been told it will apply this applications as well. I am very worried now because they have told me if my employer doesn't receive it before my visa expires then I have to leave the UK. Also they told me that my employer can e-mail them for an urgent treatment request but this is not guaranteed. I read that some of you posted info from UKBA conversations that you have about same situation. My questions are:

1.when they told you that you can make a late application, you can send a cover letter from your employer explaining that it was late due to delays.
.Does it apply on if your employer havent heard from UKBA whether they granted for a sponsorship licence or not and if so how can you make an visa application without a sponsorship licence/ certificate number?

2.Also what do you mean when they told you that you can ask them to hold the application till your employer receives sponsorship licence? If you can make such a request then what would be your visa status? Can you continue to work with your employer even though your visa expires? Will your visa consider as it is still valid?

3.Also my contract will finish with my employer 1 week before my visa expires (they wanted to make a that length of contract because they weren't sure if they can employed me as permanent as I am a visa holder) That's why how can we extend my contract if we send a cover letter along with my visa application if my employer doesn't receive sponsorship licence before my visa expires? Where I can get a document/ letter that I am still allow to work with them even though my current visa expires while my visa application is in the process



Thanks in advance, any info is highly appreciated.

[pclk]

[quote="fembiz"]Hi johnjkjk,

thanks for your reply. I called them this morning and they said we can only request urgent treatment when there is 2 weeks or less left on my visa. But for me, that time frame is too short as I don't know if they will give us the license on time. I am pretty convinced that my employer's paper work is intact as we are a well established company who have been operating in the UK for about 20 years now and our clients are pretty much every major brand you can think of.

I spoke to 3 different people at the immigration advisory bureau and they all said different things:

1. The first guy said I can send in a late application as long as I include a covering letter from my employer explaining the reason for the delay in making my application. He also said I should send in a copy of the confirmation email when we made the sponsor's licese application as well as a copy of the letter informing us that the license has been granted. He went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

2. The second guy told me something quite different. He said I should send in my application before my visa expires even if we haven't received the license yet. He went further to say that I should also send in a covering letter from my employer explaining that we have applied for a license and are simply waiting for it to be approved. In addition, we should also send in a copy of the email confirming the date we made the application so that they can see we made it well in time. He says we should ask them to hold the application until we receive the license and CoS. He said that while the UKBA have my application, it grants me an extension and I can continue working unless they reject my application. He also went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

3. The third guy says I should also send my application in before my visa expires along with a covering letter from my employer explaining the reason for me making the application late. He says however, its up to the case worker's discretion if they will hold it until we receive the license.

This whole thing is just so bad as the UKBA people keep givng me conflicting information and I don't really kow what to do.

Any thoughts on what I could do? What would you advise?

Thanks[/quote]

Hi Guys,
I am also in the same boat. Currently I have PWS visa which is going to expire at the beginning of AUG 2012 and my employer submitted an application for getting a sponsorship licence in 8th of June. I have seen on UKBA webpage that there will be delays in processing time and I called them to find out whether this delay applies on first time sponsorship licencing applications or not. I have been told it will apply this applications as well. I am very worried now because they have told me if my employer doesn't receive it before my visa expires then I have to leave the UK. Also they told me that my employer can e-mail them for an urgent treatment request but this is not guaranteed. I read that some of you posted info from UKBA conversations that you have about same situation. My questions are:

1.when they told you that you can make a late application, you can send a cover letter from your employer explaining that it was late due to delays.
.Does it apply on if your employer havent heard from UKBA whether they granted for a sponsorship licence or not and if so how can you make an visa application without a sponsorship licence/ certificate number?

2.Also what do you mean when they told you that you can ask them to hold the application till your employer receives sponsorship licence? If you can make such a request then what would be your visa status? Can you continue to work with your employer even though your visa expires? Will your visa consider as it is still valid?

3.Also my contract will finish with my employer 1 week before my visa expires (they wanted to make a that length of contract because they weren't sure if they can employed me as permanent as I am a visa holder) That's why how can we extend my contract if we send a cover letter along with my visa application if my employer doesn't receive sponsorship licence before my visa expires? Where I can get a document/ letter that I am still allow to work with them even though my current visa expires while my visa application is in the process



Thanks in advance, any info is highly appreciated.

[fembiz]

pclk:

The answer to your questions are as follows:

1. yes it applies if your organization has not been awarded a license. I don't know how it all works but a couple of the UKBA guys I spoke to said you can simply have your employer put it on the covering letter that you are awaiting a license and CoS. With that they will just hold/pend the application until either you employer's license application is rejected or until they receive the CoS

2. I specifically asked them this same question and they said that they will just keep the application and not process it until either the sponsor's license application is rejected or they receive the CoS. They said that as long as you have made an application to the UKBA, your current status still applies and you can continue to work for your employer. In other words, while you have made an application, your status will still be PSW and your visa will still be valid unless they reject your application.

3. I don't think I understand what you mean with this question. With regards to your contract, that's between you and your employer. I do not know where you can get a document that says you can continue to work while the UKBA have your application. My employer is currently speaking with the UKBA and trying to get such a document. I'll keep you updated on my progress

[sussexguy]

[pclk]

[quote="fembiz"]pclk:

The answer to your questions are as follows:

1. yes it applies if your organization has not been awarded a license. I don't know how it all works but a couple of the UKBA guys I spoke to said you can simply have your employer put it on the covering letter that you are awaiting a license and CoS. With that they will just hold/pend the application until either you employer's license application is rejected or until they receive the CoS

2. I specifically asked them this same question and they said that they will just keep the application and not process it until either the sponsor's license application is rejected or they receive the CoS. They said that as long as you have made an application to the UKBA, your current status still applies and you can continue to work for your employer. In other words, while you have made an application, your status will still be PSW and your visa will still be valid unless they reject your application.

3. I don't think I understand what you mean with this question. With regards to your contract, that's between you and your employer. I do not know where you can get a document that says you can continue to work while the UKBA have your application. My employer is currently speaking with the UKBA and trying to get such a document. I'll keep you updated on my progress[/quote]

Thanks for the reply. I am going to write an e-mail to UKBA as they told me if I have any question I can send them an e-mail and they will reply me in 5 working days. sponsorshipPBSenquiries@ukba.gsi.gov.uk or sponsorlicensing.support@ukba.gsi.gov.uk I will ask same questions let's see what their respond would be. I will update you as well when I have more info.

Also I am looking for a lawyer but it is very difficult to find someone trustworthy or an expert in that area. Actually I already have one but I am not happy with the service she provides. According to her since I am Turkish, I can apply ECAA visa also known as Ankara agreement which is just for Turkish citizens. It allows you to establish a business in the UK but you cannot work for someone else. She says if my company doesn't receive sponsorship license before my visa expires, I can apply this one. Since all applications take longer time than usual, I can still work with my company even my current PSW visa expires because till I receive ECAA visa my current PSW visa will consider as it still valid. in this way I will still consider as their employee and once they receive sponsorship license I can withdraw ECAA visa application and apply for sponsorship visa. According to her by that way I will be still eligible to apply Tier 2 sponsorship visa. But I talked to another one and that one said it wont work. Because the moment that I withdraw my application I will consider as overstaying in the UK. I asked this UK home office but it is confusing I couldn't get a solid answer.

Please let me know your opinions guys regarding if it could work in that way or if you have any info about it. Because even if you are not Turkish citizens perhaps you can apply a different type of visa till your employer receives sponsorship license and it could work for you as well. It could be a solution for all of us.

[pclk]

[quote="sussexguy"][quote="fembiz"]pclk:

The answer to your questions are as follows:

1. yes it applies if your organization has not been awarded a license. I don't know how it all works but a couple of the UKBA guys I spoke to said you can simply have your employer put it on the covering letter that you are awaiting a license and CoS. With that they will just hold/pend the application until either you employer's license application is rejected or until they receive the CoS

2. I specifically asked them this same question and they said that they will just keep the application and not process it until either the sponsor's license application is rejected or they receive the CoS. They said that as long as you have made an application to the UKBA, your current status still applies and you can continue to work for your employer. In other words, while you have made an application, your status will still be PSW and your visa will still be valid unless they reject your application.

3. I don't think I understand what you mean with this question. With regards to your contract, that's between you and your employer. I do not know where you can get a document that says you can continue to work while the UKBA have your application. [b]My employer is currently speaking with the UKBA and trying to get such a document. I'll keep you updated on my progress[/b][/quote]
Please keep us updated. I will push my employer to provide more detail once I hear from your experience.[/quote]

BTW one of the lawyers told me that we can get a document saying you can continue to work with your employer while your application is in the process from a lawyer or independent immigration officer

[pclk]

[quote="sussexguy"][quote="fembiz"]Hi guys,

did you mention that you are asking on behalf of your employer's sponsorship application? Did you have any application reference or any other information to hand in regards with the details of your employer's application (date of application, application reference number etc).

I do not have any details at the moment except that they are paying an immigration adviser who have done the work for them. Our company has been in business for years so that should help.

Regards,
S[/quote]

Hi sussexguy,

Could you please tell me who is this immigration adviser and if this person locating in London? Because I seriously need one ASAP. Even if this person is not in London perhaps recommend me someone else.

Thanks!

[pclk]

Hi guys,

I was also searching in the internet regarding urgent treatment request cases/ lawyers and I came cross those ones. I don't know if it is helpful but worth to take a look at.

http://www.penningtons.co.uk/Global/Case%20studies/Quick-tier-2-sponsor-licence-turnaround-and-exceptional-restricted-CoS-request?th=BS&pa=DE6D1DC6-BCDD-4074-8CAD-4CD1A23171B7

http://www.permits2work.co.uk/services/urgent-application

http://www.spammer.com/cases/sponsor-licenses/tier-2-sponsorship/

[pclk]

I found below info from Home office website. It seems like if a company applies CoS after 5th of the month, they will consider it on the 11th of the following month. But this is once you granted with license and company applies for restricted CoS. It doesnt apply me but perhaps some of you interested in.

Monthly allocation process
[b]All applications received up to and including the 5th of each month will be considered on the 11th of the same month [/b]- the 'allocation date'. For example if you apply between 6 May and 5 June, your application will be decided on 11 June.

We will approve valid applications solely on the number of points scored, starting with the highest. In the event that the number of valid applications received is greater than the number of certificate of sponsorship available, those applications scoring the lowest number of points are less likely to be approved.

It is possible that in any given month the number of applications will exceed the number of certificates of sponsorship available and we will reach a point where there are more applications that score the same amount of points than we have certificate of sponsorships available. For example, we have allocated all applications scoring between 105 points (the maximum possible) and 33 points, and are left with more applications that have scored 32 points than we have CoS left to allocate. In the event that this happens, we cannot make a fair and objective decision as to whether any of those applications are in some way more urgent, or worthy than any other, therefore we will either approve all of them, or none of them.

We will approve all applications that score the same number of points if it means that we exceed our monthly allocation limit by 100 or less.

Example 1

On 11 January 2012, all valid applications scoring between 105 points and 33 points have been approved.
we have 150 CoS left to allocate
there are 250 valid applications that all score 32 points

http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/

[pclk]

[quote="fembiz"]I spoke to 3 different people at the immigration advisory bureau and they all said different things:

1. The first guy said I can send in a late application as long as I include a covering letter from my employer explaining the reason for the delay in making my application. He also said I should send in a copy of the confirmation email when we made the sponsor's licese application as well as a copy of the letter informing us that the license has been granted. He went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

2. The second guy told me something quite different. He said I should send in my application before my visa expires even if we haven't received the license yet. He went further to say that I should also send in a covering letter from my employer explaining that we have applied for a license and are simply waiting for it to be approved. In addition, we should also send in a copy of the email confirming the date we made the application so that they can see we made it well in time. He says we should ask them to hold the application until we receive the license and CoS. He said that while the UKBA have my application, it grants me an extension and I can continue working unless they reject my application. He also went further to explain that the UKBA cannot penalize me or my employer due to delays from their end.

3. The third guy says I should also send my application in before my visa expires along with a covering letter from my employer explaining the reason for me making the application late. He says however, its up to the case worker's discretion if they will hold it until we receive the license.

This whole thing is just so bad as the UKBA people keep givng me conflicting information and I don't really kow what to do.

Any thoughts on what I could do? What would you advise?

Thanks[/quote]

Hi,

I have just spoken with UKBA regarding sending application without sponsorship license along with a cover letter and asking them to put it on hold. Basically I said exactly what you wrote above and asked them if it is possible.
I have talked 2 people from 0300-123-4699 and 1 person from 0870-606-77-66 and all of them said it is not possible as sponsorship license/certificate is mandatory when you are sending your application. It will be immediate rejection. They said if your employer cannot get it on time you don’t have any other option. You have to go back and if they still wishing to sponsor you then they have to do a labor market test.

Also I have asked about ECAA visa category which I mentioned my previous posting and they said it is not possible. I am running out of all options :( How about you, any updates?

[strangerboo]

please keep us updated as i am in same situation