Tier 2 Work Start Date Issue

Hi All,
As you know we need make our Tier 2 visa application within 3 months once we get a COS. Due to the current pandemic situation, all visa application centers are closed.
If I make my application within 3 months in gov.uk and get the unique number but provide my biometrics to visa application center after 3 months, can CoS still be used or be expired?
I found following note in gov.uk and my interpretation is, it can be used.

Thanks,
Cevdet,

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Expired CoS

If a CoS has not been used to support an EC or LTE application within 3months of being assigned, it will expire and becomes invalid.In this instance, the sponsor will be refunded the full ISC charge paid.

Expired CoS are identified by filtering the current CoS status within the Daily ISC CoS Assigned PRAU report received byemail,or available through the PRAU ondemand application, to identify those sitting at assigned status over 3 months after being assigned.Additional CID and CRS data checks are required in expired CoS cases to confirm they have not been used to support a Tier 2 LTR or EC application.

If it is found an ISC liable Tier 2 application was submitted prior to the accompanying CoS status altering to “expired”, the case will be recorded within the ISC WIP as “CoS used” and no ISC refund will be processed.Only if thisTier 2 application is subsequently refused will the ISC payment be refundedas perthe ISC refundprocess.

When satisfied an ISC refund is due and the WIP has been updated to record, the ISC refundcan be processed.Expired CoS are not recorded within CID ortheCRS.

“ If the 3 month period to assign the RCoS has expired and an RCoS is still required, please submit another RCoS application and email the Tier 2 Limit Team at Tier2Limits@homeoffice.gov.uk, stating the reason why the RCoS was not assigned or the visa application was not submitted. This further RCoS application will be considered outside of the monthly panel process.

If an RCoS has not been assigned the RCoS but is still within the 3 month window, it is recommended that you assign it as normal. If any delay occurs in relation to the migrant’s work start date in the UK, flexibility will be shown in terms of both the start and end dates.”


Response from CoronaVirus Immigration Team.
Hope this will help.

Thanks very much for your answer,

I think this information is for employers about assigning a RCoS rather than employees.
I have already assigned CoS which is expiring on 12th of May and I've got a visa application but visa centers are currently closed. Do you think I can still use my CoS after expiration date?

As a sample:

Application submitted: 20.03.2020
CoS Expiration date: 12.05.2020
Date of Biometrics Provided: 15.06.2020 (First available slot visa center gives me)

Thanks,

You seem to be misunderstanding. You have to APPLY for a visa before the COS expires. The decision on the visa application can be after the CoS has expired.

CoS expiry is relevant to visa application only, not visa approval or arrival in the UK.

Thank you very much all. Normally I had to go to my country and apply Tier 2 visa as it's impossible to apply in the UK if you're currently holding ECAA Turkish Businessperson Visa.
However, Home Office published the following guidance. I think I am now eligible to apply in the UK. Can you confirm that? If yes, even though visa centers are closed in the UK, I think I may cancel my current application and create a new one to apply in the UK before my RCoS is expired.

Thanks,
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https://www.gov.uk/guidance/coronavirus ... -residents

If you’re applying to stay in the UK long-term

During these unique circumstances you’ll be able to apply from the UK to switch to a long-term UK visa until 31 May. This includes applications where you would usually need to apply for a visa from your home country.

You’ll need to meet the same visa requirements and pay the UK application fee.

This includes those whose leave has already been automatically extended to 31 March 2020.

You can apply online. The terms of your leave will remain the same until your application is decided.

UK Visa and Citizenship Application Centres (UKVCAS) and Service and Support Centres (SSCs) are temporarily closed because of coronavirus (COVID-19).

You cannot book an appointment.

If you have already submitted an application using a cos, you can't cancel and the use the same cos as far as I am aware.

Biometric appointments will open again when it is safe to do so. It has no effect on a visa online submission date.

Thanks but in the guidance the following notes are written. Can you please read and make a comment? On the other hand people always can make a mistake and want to cancel their forms.

ANNEX A: SPONSORSHIP -- A1. What is a Certificate of Sponsorship? -- 294
A Certificate of Sponsorship is valid when assigned to you and if it has not been used in a previous application where leave has been granted or refused. You can only have one Certificate of Sponsorship assigned to you at a time.

ANNEX A: SPONSORSHIP -- A2. What is a valid Certificate of Sponsorship? -- 296
Examples of when a Certificate of Sponsorship is valid include, but are not limited, to:
1- it has been assigned by a licensed sponsor; and
2- it has the same details on it as in your passport; and
3- it has been assigned no more than 3 months before the date of application; and
4- it has a start date no more than 3 months after the date of application; and
5-it has not been withdrawn or cancelled by the sponsor or by us; and
6-any applicable Immigration Skills Charge has been paid in full by the sponsor.

https://www.gov.uk/government/publicati ... r-2-worker

Hi All,

I live in the UK and currently hold a businessperson visa that expires in 2022. My customer provided me a Tier 2 RCoS which expires on the 12nd of May. I submitted my application but due to flight restrictions and closed visa centers, I am unable to provide my biometrics in due course in my home country.

Questions are:
1- My start date on the RCOS is 01.04.2020. Does my employer need to add a sponsor note about actual start date? If so, is there any limit to move the start date ahead such as 3 months after the date of application?
2- As per following guidance, am I eligible to start working before I provide my biometrics? Note that I am not switching my visa from one Tier category to another and my current visa expires in 2022 not at the end of May.

https://www.gov.uk/guidance/coronavirus ... FI#history