Work permit to Tier2 General 28days rule

Hi all
Could you help me to answer this question please?

1.I am currently a work permit holder.
2.I am changing employer.
3.New employer obtained a sponsorship licence and issued a certificate to me.
4.I have applied LTR and last week, it was refused because the certificate didn't meet wage guideline for senior architect.
5.My employment of work permit arrangement will terminate today (4/09/09) and current employer is filling termination form and will send in next couple of days.
6.New employer is preparing a new certificate for me. In this case, they have to do the market labour test again, which they say they can issue a certificate 25th September.
7.I understand that I only have 28 days to get a leave to remain.
8.I've tried to make an appointment at PEO around end of September, which not available until mid October.
9.So I think I have to send by post.
10.My question is my 28days will be 2 October. I can send LTR on 25th Sepember by post because I could not book a PEO service. I know this will take min. 2weeks. Somebody told me that as far as I have postage proof of sending within 28days, it would be ok. Is that true? or Do I need to get LTR completed within 28days?

Kind regards,

hungryan wrote:Hi all
Could you help me to answer this question please?

1.I am currently a work permit holder.
2.I am changing employer.
3.New employer obtained a sponsorship licence and issued a certificate to me.
4.I have applied LTR and last week, it was refused because the certificate didn't meet wage guideline for senior architect.
5.My employment of work permit arrangement will terminate today (4/09/09) and current employer is filling termination form and will send in next couple of days.
6.New employer is preparing a new certificate for me. In this case, they have to do the market labour test again, which they say they can issue a certificate 25th September.
7.I understand that I only have 28 days to get a leave to remain.
8.I've tried to make an appointment at PEO around end of September, which not available until mid October.
9.So I think I have to send by post.
10.My question is my 28days will be 2 October. I can send LTR on 25th Sepember by post because I could not book a PEO service. I know this will take min. 2weeks. Somebody told me that as far as I have postage proof of sending within 28days, it would be ok. Is that true? or Do I need to get LTR completed within 28days?

Kind regards,

As far as i understand.. you application should reach the HO before the complete of ur 28days.. and you will receive Reference letter which will be the proof that you sent before your expiry date.. After that the HO decision on ur case can take 2weeks or 5weeks it doesnt matter..
please wait for somebody to reply on ur market labour test query..

hungryan wrote:Hi all
Could you help me to answer this question please?

1.I am currently a work permit holder.
2.I am changing employer.
3.New employer obtained a sponsorship licence and issued a certificate to me.
4.I have applied LTR and last week, it was refused because the certificate didn't meet wage guideline for senior architect.
5.My employment of work permit arrangement will terminate today (4/09/09) and current employer is filling termination form and will send in next couple of days.
6.New employer is preparing a new certificate for me. In this case, they have to do the market labour test again, which they say they can issue a certificate 25th September.
7.I understand that I only have 28 days to get a leave to remain.
8.I've tried to make an appointment at PEO around end of September, which not available until mid October.
9.So I think I have to send by post.
10.My question is my 28days will be 2 October. I can send LTR on 25th Sepember by post because I could not book a PEO service. I know this will take min. 2weeks. Somebody told me that as far as I have postage proof of sending within 28days, it would be ok. Is that true? or Do I need to get LTR completed within 28days?

Kind regards,

1. The date of application is taken as the date on wen u send u application and in u case u have applied within the time.
2. If courier then the date wen it was delivered to UKBA.

Hi guys
Thanks for your replies.

I am looking at this situation carefully. In next year, it will be my 10 continuous year (as a student+wp holder) as well as 5th continuous year of wp holder. Therefore, I am looking for ILR.

Now, I am staying in the UK 28 days rule after leaving work under wp arrangement. Even though my ex-employer sent termination form HO with my work termination date 04/09/09, my P45 shows that I have left my work on 28/08/09. So, to be safe I am thinking my 28 days runs out on 25/09/09.

As in previous post, last week my leave to remain has been refused because of my salary doesn't comply HO's code of practice. New employer is currently preparing advert and carrying out labour market test again in order to issue right COS on 25/09/09, which is last day of 28 days. I know I can post my LTR application on the day(it is postage date, isn't it?)

I am getting very worried the situation that if it is refused again then, I am losing everything that I have built up so far (almost 10 years - long residency and 5 years of wp). The refusal letter pointed out that I don't get 30 points only in Sponsorship parts. Other parts, Qualification, P. Earnings & English Test, and Maintenance, I have points what I have claimed. Therefore, I think it will be ok. BUT I have prepare the worst. If this last attempt fail then I have to leave this country.

All my families are worried as well as me. I have another option however. I am still writing up thesis in my phd. So I can gather all supporting documents for Tier4 Student application within a week. So rather than wait anxiously till 25/09/09, I can apply Tier4 first by 25/09/09 (at this point, I need to get a solicitor to do fast track, I think). This gives me 2 attempts within 28 days (I know it could waste money but better than losing 10/5 years)

What's your opinions on this? Am I too paranoid or Are you suggesting to go ahead?

I apologise that it is too long.

Kind regards,

Hi guys
I just self-answered the question I have posted. Today, I had a quote of getting a leave to remain from a London based solicitor it is a lot than I thought (Appox. 2000 fee only). Even, they cannot guarantee a premium service.
I googled and found local immigration specialist who can check my Tier2 application before postage and they will charge 450. I think I am going for this one. I could not book any interview at PEO, which I have to post my Tier 2 application with a COS at around 22nd September. I know by the time it comes back it will be way over 28 days. And if it fails again, I won't be able to use Tier 4 Student option.
Interesting things is a solicitor mentioned today that 28 days rule is not quite strict. To be honest, I don't know what that means.
As in my previous post, I have been refused Tier 2 visa because of no 30 point in Sponsorship. Because my new employer did not comply with code of practice (it was under salaried). Other than that, I have all the points I have claimed for.
Therefore, I am going for Tier2 General with a new COS again. I will keep my fingers crossed.
PS. Previous COS has to be withdrawn prior to issuing a new, hasn't it?
Regards,

The previous CoS has to either be withdrawn or be coming up as "Used" on the sponsor management online system. If it's Used it can't be withdrawn and the sponsor can issue a new one with overlapping dates.