ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

I was issued a defined CoS when it should have been undefined

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Fri May 21, 2021 1:47 pm

manci wrote:
Fri May 21, 2021 12:58 pm
You found the correct link explaining how to vary an application. If you proceed with the variation you'll find out during the process whether you'll have to attend biometrics again. All fees will have to be paid again, but expect a refund for the previous application.

REMEMBER:
1.
You'll not get a new permission (visa) based on the wrong (defined) CoS
2.
You have two options - get a new undefined CoS assigned to you and then either wait and do nothing until you hear from the HO or proceed with varying the application
Thanks for the advice.

I am writing to the HR to request a new CoS. If I wish to vary the application, is it recommended to ask the HR to issue a CoS for the same length as the defined one (3 years), or is it okay if I requested for it to be 5 years as the contract is a permanent contract?

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Fri May 21, 2021 2:00 pm

Additionally, I imagine if it is okay to request a 5 year CoS, since I will need to pay for varying the application anyway, it does not really matter, and I simply pay for the higher fee, is that right? I feel this is a quite dumb question but at this stage I just wish to leave no stone unturned.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Fri May 21, 2021 3:55 pm

The new undefined CoS can be for any work period up to 5 years. The work period doesn't have to be the same as in the previous CoS. You can request 5 years but it is up to the sponsor to decide how long they want it to be..
Personal opinion, not professional or legal advice

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Mon May 24, 2021 7:00 am

It the new undefined CoS is for the same work period as the previous CoS there is a chance that the HO may approve your already submitted application based on the new CoS. Only ask for the work period to be changed if you definitely decided to vary the application.
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Mon May 24, 2021 7:58 am

manci wrote:
Mon May 24, 2021 7:00 am
It the new undefined CoS is for the same work period as the previous CoS there is a chance that the HO may approve your already submitted application based on the new CoS. Only ask for the work period to be changed if you definitely decided to vary the application.
Thanks Manci for having my case in your mind. I sat with what you suggested over the weekend and wanted to be sure before I email the HR. The HR manager mentioned on the phone that she was told to issue a defined CoS so I tried to clarify with her today. This was her response:
The majority of COS’s that I do are defined as that is the requirement with the majority overseas staff coming into the country. At the time I did not realise you were living in this country therefore a defined was applied for prior to receiving your information. UKVI do normally notify us if we need to change the COS issued but as yet have not.
Funny enough, she put down my country of residence of United Kingdom, but debating on what has already happened will not help. I am now only wondering whether I should wait for the HR to be contacted by UKVI. I suppose a small part of me is still hoping that my visa can still be approved with the previous CoS that has the sponsor's notes on it.

It will be 3 weeks this Tuesday since the day I attended my biometrics appointment, which is the stated timeframe for the regular applications. Although I am not feeling hopeful at all, I'm not sure whether I should allow myself to wait until Tuesday to decide on the change of the CoS.

The HR manager did say that she is happy to issue a new CoS.

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Mon May 24, 2021 9:56 am

Also may I please check the following:

On my current CoS under Tier and Category, it says "Skilled Worker". Is there a separate "Health and Care" Category, or "Skilled Worker" is the correct one, as I was able to choose "Health and Care Visa" at the end of the visa application?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Mon May 24, 2021 12:14 pm

The Health and Care Worker visa is relatively new. I am not sure if when assigning a CoS in the SW category there is a sub-category for it but from the SOC code and job title/description it should be evident if you are a health and care worker who has to be a qualified doctor, nurse, health professional or adult social care professional.
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Mon May 24, 2021 2:00 pm

manci wrote:
Mon May 24, 2021 12:14 pm
The Health and Care Worker visa is relatively new. I am not sure if when assigning a CoS in the SW category there is a sub-category for it but from the SOC code and job title/description it should be evident if you are a health and care worker who has to be a qualified doctor, nurse, health professional or adult social care professional.
Hi. I thought that might be the case but I feel more assured to hear it from you.

So I rang UKVI today on the number listed online. I initially rang to ask for their opinion on varying the application and whether I would need to attend another biometrics appointment. The gentleman I spoke with escalated my question regarding the defined CoS and asked me to wait until I hear back from the HO. I was then advised not to request a new CoS because that will simply make my application invalid and they doubted the case worker would simply link my application with the new CoS.

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue May 25, 2021 7:44 am

Morning Manci, may I please check your opinion on this?

The HR manager said that "UKVI do normally notify us if we need to change the COS issued but as yet have not", and the employer helpline suggested that the HR should wait to hear from UKVI before assigning a new CoS lest my application is made invalid before being considered. I am tempted to take your advice on having a new CoS assigned and have the mistake corrected asap.

What complicates things a bit is the fact that it's now been 3 weeks since I attended my biometrics appointment with the super priority service. Besides the pandemic, I am struggling to understand what else could be causing such a delay for a health and care visa, as my application has not even been picked up yet :(

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Tue May 25, 2021 11:49 am

It is difficult to predict how the situation will pan out.

Delays at the HO are not uncommon especially when it comes to processing applications that are not straightforward. In light of the experience of the HR manager in similar situations, and what the employer helpline said, I would tend to do nothing for the time being and wait until the HO contact either HR or you which will happen sooner or later. If they contact HR may be the change of CoS type from defined to undefined can be arranged as between the HO and HR or the HO will tell HR what to do. If they contact you and declare your application invalid (i.e. rejected rather than refused) because of the wrong type of CoS then a new undefined CoS will need to be assigned.

This is just an opinion and in the end you'll have to decide how to proceed (or not to proceed for the time being).
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue May 25, 2021 2:45 pm

manci wrote:
Tue May 25, 2021 11:49 am
It is difficult to predict how the situation will pan out.

Delays at the HO are not uncommon especially when it comes to processing applications that are not straightforward. In light of the experience of the HR manager in similar situations, and what the employer helpline said, I would tend to do nothing for the time being and wait until the HO contact either HR or you which will happen sooner or later. If they contact HR may be the change of CoS type from defined to undefined can be arranged as between the HO and HR or the HO will tell HR what to do. If they contact you and declare your application invalid (i.e. rejected rather than refused) because of the wrong type of CoS then a new undefined CoS will need to be assigned.

This is just an opinion and in the end you'll have to decide how to proceed (or not to proceed for the time being).
What you said made great sense and alines with my thinking. What complicates this matter further is the approaching ending of my rent contract, so I am debating on the action that can maximise the chance of getting a faster decision, which seems to lead to the option of varying my application.

Besides having to go through the process of resubmitting my application and attending another biometrics appointment, do you see any cons in varying my application?

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Fri May 28, 2021 11:25 am

Here is another thing that is strange with my application.

Chinese names are recorded in the format of Family name + Given name, e.g. Zhang (family name) Kefan (given name). I'll illustrate the strange situation with the name Zhang Kefan

My original application was recorded as Kefan Zhang. The lady at UKVCAS said that she needs to amend the order and changed it to Zhang Kefan. I had to sign a paper confirming the change, which was submitted to UKVI alongside other documents.

My name on the current BRP is recorded as Zhang Kefan. However, since UKVCAS made the change, now my name on the Prove Your Right to Work website has been changed to Zhang Kefan Zhang Kefan. It's been doubled!

Has this happened to anyone here? Could this be another reason why my case still has not been picked up after 4 weeks with the super priority service? If I contact UKVI now to change the name to Zhang Kefan, would it cause further complications with my application?

I can't believe how many things have gone wrong with my application :(

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Sun May 30, 2021 10:47 am

1
The problem and the reason for the delay with your application is that your prospective new employer (an NHS Trust) assigned the wrong type of CoS - defined instead of undefined. When HR of the prospective new employer called the HO employer helpline they were advised to wait until the HO contact them. This didn't happen thus far and I would suggest that they call the employer helpline again or, better still, send an email to businesshelpdesk@homeoffice.gov.uk explaining the situation and requesting an early resolution. Emails to this address are usually answered in 2-3 days and it is always better to have a written record rather than just recollections of a telephone conversation.
2
Mabincredible wrote:
Fri May 28, 2021 11:25 am
My original application was recorded as Kefan Zhang. The lady at UKVCAS said that she needs to amend the order and changed it to Zhang Kefan. I had to sign a paper confirming the change, which was submitted to UKVI alongside other documents.
In your PRC passport, your online application and the CoS your surname (family name) and given names have to be given separately. Is any of these three documents incorrect in this regard? It is unclear what paper you were asked to sign at the UKVCAS appointment but, in any case, this is unlikely to be the reason for the delay in hearing from the HO about your application.
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue Jun 08, 2021 3:16 pm

Hello again.

Just a small update on my current situation. I have received a new CoS from the HR. Everything appears to be in place. I am filling out a new application and am faced with a new problem. I lost my current BRP card!

In the application I am asked to answer whether I have a BRP. I do have the photo copies of it and can upload it to UKVCAS. But I was wondering whether I should report it being lost and choose "No. I had a biometric residence permit for my most recent leave, but I do not have it now".

I only noticed that it was lost this week, so I still have sometime before I need to report it. I am just wondering what would be a safer card to play here?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Tue Jun 08, 2021 3:32 pm

Mabincredible wrote:
Tue Jun 08, 2021 3:16 pm
I am filling out a new application
Assuming you still don't have a decision on your previous application when the online form asks if you have any other application in progress make sure you answer yes and provide the reference No. of the previous application.
Mabincredible wrote:
Tue Jun 08, 2021 3:16 pm
I only noticed that it was lost this week, so I still have sometime before I need to report it
The safest approach is always honesty. Look for the card, may be it will turn up.
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue Jun 08, 2021 3:45 pm

manci wrote:
Tue Jun 08, 2021 3:32 pm
Mabincredible wrote:
Tue Jun 08, 2021 3:16 pm
I am filling out a new application
Assuming you still don't have a decision on your previous application when the online form asks if you have any other application in progress make sure you answer yes and provide the reference No. of the previous application.
Mabincredible wrote:
Tue Jun 08, 2021 3:16 pm
I only noticed that it was lost this week, so I still have sometime before I need to report it
The safest approach is always honesty. Look for the card, may be it will turn up.
Hi Manci. Yes I have provided the reference no. of the previous application and gave the information of my current BRP.

I am now at the stage of making payment. I'm tempted to pay for another super priority service but not sure whether that's still wise. People who applied with the standard service seem to be getting their decision...

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue Jun 08, 2021 4:00 pm

There is probably no answer to this, but is it still worth paying for the super priority service given now I've received the correct CoS?

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Tue Jun 08, 2021 4:55 pm

Mabincredible wrote:
Tue Jun 08, 2021 4:00 pm
There is probably no answer to this, but is it still worth paying for the super priority service given now I've received the correct CoS?
Another question. I'm been really careful this time :?

The document list at the end of my application did not mention bank statement.

On my CoS it states "Tick to certify maintenance for migrant (and dependants, if applicable): Y"

Do I still need to provide my bank statement for the last 28 days when I'm applying from within the UK and have worked here continuously for a few years? Thanks!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Tue Jun 08, 2021 7:22 pm

Mabincredible wrote:
Tue Jun 08, 2021 4:55 pm
Mabincredible wrote:
Tue Jun 08, 2021 4:00 pm
There is probably no answer to this, but is it still worth paying for the super priority service given now I've received the correct CoS?
Try to get your new sponsor to pay for it, after all they were the cause of the complications you experienced
Do I still need to provide my bank statement for the last 28 days when I'm applying from within the UK and have worked here continuously for a few years? Thanks!
No. you will automatically meet the financial requirement if you have been in the UK for at least 12 months
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Wed Jun 09, 2021 10:05 am

manci wrote:
Tue Jun 08, 2021 7:22 pm
Mabincredible wrote:
Tue Jun 08, 2021 4:55 pm
Mabincredible wrote:
Tue Jun 08, 2021 4:00 pm
There is probably no answer to this, but is it still worth paying for the super priority service given now I've received the correct CoS?
Try to get your new sponsor to pay for it, after all they were the cause of the complications you experienced
Do I still need to provide my bank statement for the last 28 days when I'm applying from within the UK and have worked here continuously for a few years? Thanks!
No. you will automatically meet the financial requirement if you have been in the UK for at least 12 months
HR agreed to reimburse the fee but only after I start with them... I don't sit well with this but it does not look like I have another option

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Wed Jun 09, 2021 2:48 pm

manci wrote:
Tue Jun 08, 2021 7:22 pm
Mabincredible wrote:
Tue Jun 08, 2021 4:55 pm
Mabincredible wrote:
Tue Jun 08, 2021 4:00 pm
There is probably no answer to this, but is it still worth paying for the super priority service given now I've received the correct CoS?
Try to get your new sponsor to pay for it, after all they were the cause of the complications you experienced
Do I still need to provide my bank statement for the last 28 days when I'm applying from within the UK and have worked here continuously for a few years? Thanks!
No. you will automatically meet the financial requirement if you have been in the UK for at least 12 months
Another small update. So the HR has agreed to reimburse the application fee but after I join the Trust. I am however still debating whether I should pay for the super priority service.

I appreciate that that last application has been delayed due to the wrong CoS. However, the HO has not even contacted me or the recruitment team, making me wonder whether my application has even been picked up. It feels like it's been lost in the queue. I'm anxious that this would happen again second time due to the massive backlog the HO is crawling through.

While on the other hand, I fear that if I go for the standard route, it would take even longer than the delayed super priority one.

Any suggestions please?

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Wed Jun 16, 2021 7:27 am

Hello Manci and other experts on this forum, I have a questions regarding my current BRP that's lost.

I read on this forum that someone reported the loss of their old BRP after receiving the new one, and subsequently the HO cancelled their new BRP by mistake. In order to avoid this, I would like to ask whether it is better for me to cancel my current lost BRP right after I receive the decision letter and hopefully before the new BRP card is produced, or after I receive the new BRP card?

On the website it says:

If your BRP was valid for 3 months or less, you must do one of the following:

* report it as lost or stolen if you do not intend to remain in the UK after its expiry date
* apply for a replacement if you plan to leave and re-enter the UK within 3 months of its expiry date
* apply to extend your visa if you want to stay in the UK after its expiry date - if granted, you’ll automatically get a new BRP

My confusion lies in the last option. Since I have applied for the new visa and presume that a new BRP will be issued and the old one automatically cancelled, do I still need to report it? If not, then what should I do when I am unable to return the old BRP? Thanks!

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Fri Jun 25, 2021 3:02 pm

Finally I received my approval letter last week and the BRP card this week.

I received the approval letter just several days after I submitted my second application but before I attended the biometrics appointment. I'm hoping to cancel the second application and have the fee refunded, here are some of my questions:

1. My salary was uncorrected stated in the first defined CoS which was then corrected in the second undefined one. In the visa approval email the salary was correctly stated, which is the evidence that the visa application was processed basing on the second CoS. If I cancel my second application which is linked with the undefined CoS, will be also cancel the new BRP card that I received?

2. what is the correct way to request a refund? There is the email to complaints@homeoffice.gov.uk, this form ->

https://assets.publishing.service.gov.u ... m-v1.0.pdf

and then this page ->

https://www.gov.uk/cancel-visa

3. Could I still request a refund on the £800 super priority fee by emailing complaints@homeoffice.gov.uk

Thank you for your input!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: I was issued a defined CoS when it should have been undefined

Post by manci » Fri Jun 25, 2021 3:25 pm

It was your 2nd application that was granted. It varied / replaced the first application and you cannot cancel or withdraw it.

Refunds should be automatic.
Personal opinion, not professional or legal advice

Mabincredible
Junior Member
Posts: 60
Joined: Sat Jan 11, 2020 5:20 pm

Re: I was issued a defined CoS when it should have been undefined

Post by Mabincredible » Fri Jun 25, 2021 3:37 pm

Thanks Manci for the reply.

The application reference stated on the approval email is from the first application though, and I have not attended the biometrics appointment for the second one. Would this change anything?

Locked
cron