Tier 2 visa . Massive sponsor error! Delay in COS

Hi ,
I have been on a Tier 2 visa for 4 continuous years .While my job has finished in November, my sponsored Tier 2 ends on the 14th of December. I recently interviewed and successfully gained another job with a different employer in November and they set out to apply for a COS for this new position.

After 3 weeks of doing god know what, they have gotten back to me saying their HR made a mistake with the advert and they have to re-advertise for the correct duration and i have to re-apply to be able to meet the necessary guidelines for application of the COS. Now, while I have been offered the job , by the time they re-apply for the COS (after the 26th Dec) and i send out my application, my visa would have expired for several weeks.

Can anyone tell me what my options are > Can i send out my application without a COS and ask my employer to explain to the home office to hold the application until the COS is issued?
I don't want to break my continuous period of working in the UK with a gap of 1 month because of a clerical error made by my sponsor. I'm sure this would ruin my chances for applying for IDL after the 5th year.
Does anyone have any suggestions? Is all hope lost and do I have to book a last minute one way flight ticket back to my country during the most expensive time of the year? Help!

You can apply for tier 2 visa along with a letter from company stating the delay in allocation of CoS along with the reason for delay.

If you do that two things will happen

The Sponsor will get their licence suspended for failing to undertake the RLMT prior to selecting you as a candidate.

You will get a refusal of your visa based on the above.

You are in a no win position. If the Sponsor can not issue the COS due to whatever reason and your tier 2 visa expires then you have little option other than find another Sponsor that can issue a COS or return home and wait a year before you come back.

Even we have applied for tier 2 visa without CoS and home office accepted it.

please refer the below post

http://www.immigrationboards.com/uk-tie ... 29-20.html

hope this solves your problem.
all the best

adithi10 wrote:Even we have applied for tier 2 visa without CoS and home office accepted it.

please refer the below post

http://www.immigrationboards.com/uk-tie ... 29-20.html

hope this solves your problem.
all the best

Tier 1 PSW to tier 2 does not require a RLMT so your position is entirely diiferent to the OP in this case. Your sponor applying for the licence to employ you and you submitting a visa application pending the award of the licence is not the same circumstances as this case.

As a move between Sponsors requires a RLMT with a few exceptions for shortage occupations by following your suggestion it would result in the outcome I have outlined. Putting in a visa application prior to the completion of the RLMT is an admission of pre selection. The caseworker will refuse the visa and the Sponsor will receive an unpleasent outcome thereafter.

Frontier Mole wrote:

adithi10 wrote:Even we have applied for tier 2 visa without CoS and home office accepted it.

please refer the below post

http://www.immigrationboards.com/uk-tie ... 29-20.html

hope this solves your problem.
all the best

Tier 1 PSW to tier 2 does not require a RLMT so your position is entirely diiferent to the OP in this case. Your sponor applying for the licence to employ you and you submitting a visa application pending the award of the licence is not the same circumstances as this case.

As a move between Sponsors requires a RLMT with a few exceptions for shortage occupations by following your suggestion it would result in the outcome I have outlined. Putting in a visa application prior to the completion of the RLMT is an admission of pre selection. The caseworker will refuse the visa and the Sponsor will receive an unpleasent outcome thereafter.

Mine was from Tier 4 dependent to Tier 2 general. hence RLMT was required.