Can I Submit application 1 day before COS Expiry Date

Hello gurus,

I'm on Tier 2 General Visa is valid till 07-July-2017.

My company issued me a COS on 04-Apr-2017 (valid till 05-July-2017). I found few errors in the COS (I discussed this issue in a different post in this forum earlier in April) and wrote back to HR, with queries, requesting them to Update the COS .

When they are about to make the changes, they found Sponsorship has been withdrawn due to some Administration errors 1) company name got changed, 2) company got merged with another company 3) They forgot to update the Sponsorship management system with recent details etc etc.

Two weeks back my company had a visit from Home Office and my company has provided all the required details. Home office is yet to come back with feedback / decision.

My HR asked me to hold the application till they hear back from Home office.

My situation is that my VISA expires 07-July-2017 and COS expires 05-July-2017.

Is it ok for me to submit on 05-July-2017 by post?

Not sure what else I can do and how long I can stay in the country after my visa expires?

Pls advise.

Thx

Hello gurus,

Any advice or suggestions pls...

thx

I do not understand why the COS is issued only for 3 months. Anyway if the sponsorship has been withdrawn I don't see a point of applying for an extension as it will be refused. I might be wrong so you may wait for advice from others.

Thanks for your reply.

Lets say if i submit my application, will I still get 60 days curtailment leave after refusal or do I need to leave the country immediately?

Any ideas?

Thx

sk17aaa wrote:Thanks for your reply.

Lets say if i submit my application, will I still get 60 days curtailment leave after refusal or do I need to leave the country immediately?

Any ideas?

Thx

You cannot submit your application until your sponsor sort out there sponsorship license issue. If you submit your application it will be refused because you don't have a valid sponsor so the COS is essentially not valid.
I hope the issue will be resolved soon. But I will advise you start looking for another job as a back up plan.

sk17aaa wrote:Thanks for your reply.

Lets say if i submit my application, will I still get 60 days curtailment leave after refusal or do I need to leave the country immediately?

Any ideas?

Thx

If your visa expires as you state, you won't get a curtailment letter as there is no visa to curtail. You will be an overstayer.

As Djsuccess has advised, you cannot submit an application with a CoS if you don't have a valid sponsor.

Thanks Djsuccess / CR001 for your reply and suggestions.

My HR informed me today that the license is in SUSPENDED mode and soon expecting more info from Home Office but not sure how soon it will be.

Since the sponsorship is in SUSPENDED mode, My understanding is, I can submit the application before my COS expires (which is 05-July-2017) and Home office wont make a decision until the Sponsorship issue is sorted out (either Revoke or Active).

Please correct me if I'm wrong.

Many thanks,

sk17aaa wrote:Thanks Djsuccess / CR001 for your reply and suggestions.

My HR informed me today that the license is in SUSPENDED mode and soon expecting more info from Home Office but not sure how soon it will be.

Since the sponsorship is in SUSPENDED mode, My understanding is, I can submit the application before my COS expires (which is 05-July-2017) and Home office wont make a decision until the Sponsorship issue is sorted out (either Revoke or Active).

Please correct me if I'm wrong.

Many thanks,

Yes you are right. Because the licence has only been suspended and not revoked and because you have a valid CoS assigned before license was suspended. You will be able to submit your application but decision will not be make until your sponsor licence is reinstated or revoked.

What happens to my sponsored migrants if my licence is
suspended?
20.23 You will not be able to assign any certificates of sponsorship (CoS) when your
licence is suspended.
20.24 While your licence is suspended, if a migrant makes an application supported
by a valid CoS that you assigned before your licence was suspended, we will
not decide their application until the reason for suspension has been resolved,
unless the application falls for refusal on other grounds (including where we
consider that the job is not a genuine vacancy).
20.25 If you are an endorsing body under the Tier 1 (Graduate Entrepreneur) route
and a migrant applies for Tier 1 leave with a valid letter of endorsement from
Page 92 of 205 Tiers 2 and 5: guidance for sponsors - version 05/17
you, we will not decide the case until the reason for the suspension has been
resolved, unless the application falls for refusal on other grounds.
20.26 If a migrant has already been granted entry clearance on the basis of a CoS
assigned by you but they have not yet travelled to the UK, they will be allowed
to enter the UK and start working for you. We advise all migrants to check the
status of their sponsor’s licence before they travel.
20.27 During the time that your response is being prepared or considered, we
may tell migrants who have been assigned a CoS by you that you are
suspended from the sponsor register, however, we will not disclose the reasons why.

Thanks Djsuccess.

I filled in the application online. There was an option to add dependent(s). So I added my wife + son. (3 applicant in total)

I submitted my application and it has reached Home Office (Tracking delivery) today. Also my HR informed me the sponsorship is active now. checked it in UKBA Tier 2 sponsor list and my company appears now.

Immigration Health Surcharge is more than the Visa fees

thanks everyone for all your valuable input and time.

sk17aaa wrote:Thanks Djsuccess.

I filled in the application online. There was an option to add dependent(s). So I added my wife + son. (3 applicant in total)

I submitted my application and it has reached Home Office (Tracking delivery) today. Also my HR informed me the sponsorship is active now. checked it in UKBA Tier 2 sponsor list and my company appears now.

Immigration Health Surcharge is more than the Visa fees

thanks everyone for all your valuable input and time.

Nice. Good to know that everything is resolved. All the best with your renewal.

Hi sk17aaa

Just wondering what was the progress of your application?

You do realize that you raised a year+ old thread from the dead. Why?

Could a moderator please delete this as it’s clearly not of any use?