Please help ... Tier 2 Visa Application

I am currently on a Post Study Work Visa and have been working for my Employer for almost 2 years now. My Employer is a A-rated licensed sponsor and we got an allocation of 1 Certificate of Sponsorship (COS) which it used in November last year for one of its current non-EU employee. Since my employer decided to sponsor me on a Tier 2 visa, it applied for 1 additional Certificate of Sponsorship in mid June thinking it only took a couple of weeks to process. My employer received an email immediately confirming that the application had been received and that they'd provide a feedback shortly. It has now been over 6 weeks and we've heard nothing yet. We sent a couple of emails requesting that our additional CoS application be looked into urgently but we got no response whatsoever.

I understand that the UKBA is under a lot of pressure to get the temporary interim cap measure in place and has directed most of its resources towards getting this done. I also understand that every sponsor will be reallocated a new number of COS that it can issue from the 19th of July 2010. This may explain why our additional COS application hasn't been decided yet.

The problem is, my current Post Study Visa expires on the 12th of August 2010 and it is obvious that my time is fast running out. Based on legal advise from the company's solicitors, I decided to apply for the Tier2 visa on the 16th of July 2010 without being assigned a Certificate of Sponsorship; however my application was accompanied by a cover letter written and signed by my employer's HR Director who is also the Authorizing Officer. This cover letter explains my employer's intention to sponsor me on a Tier 2 visa and its pending application for an additional certificate of sponsorship (which is obviously taken longer than expected). We advised that they hold on to my visa application pending a decision on the additional certificate of sponsorship application.

My question is, will the cover letter that was sent with my application be taken into consideration. Please help as I'm really confused and worried.

Only UKBA can answer that question - whether a cover letter from employer will make any difference or not.

Employers cannot sponsor a non-EU migrant without a CoS and without a CoS a Tier 2 application is invalid.


IMHO ....


regards

Hi

Yes they may hold on to your application until you get your CoS but that depends on the case worker you get. I have had 2 experiences with this, last year I got my Tier 2 application returned to me as invalid because I did not add my CoS but reapplied when I got the Cos and I was granted even though my leave had expired by then. This year the same thing happened because of a delay in the allocation which would enable my employer issue my CoS, again I sent my application on the day my leave was expiring with a letter explaining why I couldnt supply the CoS , but this time around the caseworker held on to it and even emailed my employers after 6 weeks to say that the allocation had come through so could they issue the CoS and send her the number to enable her process my application.

As I said it depends on the caseworker you get. Hope my experiences help...

Hi, i have a psw and my company is ready to sposor me under tier 2.the only issue is that the market rate for my role is 15.82/hr which is ard £28500.however i earn £26375 including bonus. the company think this is a concern and i would not get a visa even if they sposor me.can you suggest me if this is true and any options

Hi cindy74,

Seems like i will be facing similar situation you have faced. First time when your application was rejected because they said its invalid. did you pay application fees again when you applied second time?

Hey, is it possible for you to email me template of your covering letter which explains why you couldn't send them CoS with application.

my email id is pokale.amit@gmail.com. It will be very helpful if u could email me that covering letter.

thanks in advance.
Amit

Hi Cindy74,

I would be so grateful if you could email me the template for the covering letter as well, as i'm in a similar situation.

It's is really frustrating...i'm sure you would agree.

Please email me on ashleyransoo@gmail.com and i'll be most grateful to you.

Kind regards,
Ashley

Hi Price soft,

Any news about your application? i am too in similar situation like you. i am not sure if i am going to submit tier 2 application as my CoS is still pending if they reject application within a week or so i will lose fees, i will to leave the country + it will be bad for my credit if i want to apply for UK visa next time. i am very confused.
please let me know about your application status. will be very helpful for me.

Regards,
Amit

Hi all,

I also have a problem as pricesoft. I applied my application on Tier 2 (including all required documents such as COS, Labor Contract, Salary Details ... and I sure I do not missed any docs) on 20-July-2010. And, I heard that it takes around a couple of weeks to process. But, until today 18-Aug-2010, I have heard nothing yet ?! It has taken nearly a month

I wonder why it takes too long ? Please give me some advices, I'm quite confuse and worried

Many thanks

Hi all,
i'll be looking forward to apply my Tier 2 visa in a couple of weeks switiching from Tier 1(PSW),i would be really greatful if someone could help me with the paper work. all i need to know is the list of documents that need to go with the visa application like COS, Labor Contract, Salary Details and stuff. it'll be really helpfull and also seems like a bit stupid question but just want to clear my doubt the CoS is just the Licence number that the company holds right? it'll be really helpful if you could help me with this. if its not too much trouble can someone please mail it to me on monto_09@yahoo.com. really appreciate it and thank you for doing this in advance.

Regards,
K

------ If Pac-Man affected us as kids,we'd all be running around in darkened rooms, munching magic pills and listening to repetitive electronic music ------

Karan.Achhreja wrote:i'll be looking forward to apply my Tier 2 visa in a couple of weeks switiching from Tier 1(PSW),i would be really greatful if someone could help me with the paper work. all i need to know is the list of documents that need to go with the visa application like COS, Labor Contract, Salary Details and stuff. it'll be really helpfull

Read the policy guidance and the form. Being a Tier 1 (PSW) migrant, shouldn't be difficult or much different!

Karan.Achhreja wrote:just want to clear my doubt the CoS is just the Licence number

Yes.


regards

Dear All, I am in a similar situation where there are issues with the COS. Has any one have any success or advice. My time is running out on the end of the month.

any advice??

Tier 2 replaced the work permit sponsorship system in the UK.
The visa is for skilled workers that have a job offer from a UK-based employer.


make money online

Ok, I know all of that, so what are you saying?

Has anyone been successful securing a CoS after the CAP has been introduced?

Because even if you meet the requirements, but if your employer has been given an allocation of ZERO CoS, then you still cannot apply for tier 2.

thx,
Ash.

Just a quick update.

I eventually got my CoS 3 weeks after submitting my initial application and sent it in (I basically filled in page 30 of the tier 2 form and sent it in with a cover letter). Luckily the caseworker considered my application as normal and a decision was made on that basis.

Unfortunately my application was denied for a different reason (my salary doesn't satisfy the minimum salary requirement in the code of practice), but I intend to appeal the decision.

Hi Pricesoft,

What do you mean by salary doesn't satisfy the code of practice? What if my job has done the market labour test, and I just require £20,000 to get sufficient points for Tier 2 application, does it still need to fulfill the code of practice since the job position is not under short of occupation list?

Anyways, pokale2600, I have the exact same situation. Student Tier 4 visa expiring 30th September 2010, waiting for CoS allocation, been waiting for 3 weeks now. I think I would need to send in without a CoS before my visa runs out.

Can anybody let me know if anyone successfully got their Tier 2 visa without sending in a CoS in the very first place?

Pricesoft, how did your appeal went? I hope my caseworker is kind enough to let it go, will they give a re-fund it has been unsuccessful?

Apologies for the delayed response missfitsz,

Your employer will still need to satisfy the code of practice requirement which includes meeting a salary minimum. This is completely different from scoring points for earnings as you rightly put.

Not sure if you may have already with applying for your Tier2 visa but I hope you'd received the right guidance prior to doing so.

My appeal date has been fixed and I wait nervously for that day. My legal representatives have been consulting with the Office of National Statistics to see if some salary related data can be used in my favour at the hearing.

We'll wait and see