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Amend Tier 2 (Leave-to-Remain) after submission

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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brucem
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Switching Tier 2 General sponsors - Processing times

Post by brucem » Thu Sep 26, 2019 4:22 pm

Hi all,

I'm so pleased to have come across this board, it's amazing...A lot of info here, but I can't seem to figure out how to search? There seems to be no search option at the top?

Anyway, I figured I'll ask instead:

I've been on a Tier 2 General with my current sponsor for over 2.5 years. I've received and signed a job offer from another company who is willing to provide me with sponsorship. The ball is already rolling. The new company is submitting my CoS application next week Monday, so I should have a CoS shortly after 11 October. Seeing that I'm already in the UK on a Tier 2 General (up to 3 years), I believe the process is called "switching" as I already hold a valid valid and I'll be applying within the UK when the time comes to submit my visa application.

After searching the gov-dot-uk website, and goto processing times, it takes me to a wizard tool but it does not seem to apply to those applying within the UK, it only shows a full list of other countries. Does anyone know roughly how long the processing times are for switching from one Tier 2 General to another Tier 2 General from within the UK? Please note that my new employer has already done the labour market test and that my new CoS has a different occupation code (but still similar to my current one).

Thank you in advance.

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Re: Switching Tier 2 General sponsors

Post by CR001 » Thu Sep 26, 2019 4:41 pm

You seem confused.

You need an UNrestricted cos which does NOT go to the monthly allocation meeting, said meeting is for Restricted CoS for applications made outside the UK.

How long the visa process takes depends on what service you choose.

Assigning a UCoS is instant if the sponsor has spare cos.

In country timelines below.

uk-tier-2-employer-sponsored-visas/in-c ... -2040.html
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Re: Switching Tier 2 General sponsors - Processing times

Post by brucem » Wed Oct 02, 2019 10:21 pm

Dear CR001,

Thank you for providing me with this response. You answered my question and it was confirmed by my new sponsor today :)

Cheers
B

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When is my application considered "submitted"

Post by brucem » Thu Oct 10, 2019 2:19 pm

Hi,

I am not entirely clear on the following: (extract from Tier 2 Policy Guidance (Version 08/2019))
203. For applications made in the UK, the date of application is taken to be the date of posting or, where the application form is sent by courier, the date on which it is delivered to us. For online applications, this is taken to be the date of submission.
Current BRP
BRP: Tier 2 (General) - Leave to Remain (expiry 2021)

New Tier 2 Application:
Tier 2 General (Change of employment) - Leave to remain
Applying from within the U.K (I still have valid Leave to remain (AFAIK), however I am unsure if my current sponsor has made any notifications to HO to withdraw my sponsorship. It's possible that this could have happened beginning without me knowing as they are shady and simply won't give me any information).
Online Application - Priority Service
Online Application Form Status: Fees paid, I am now on the page where I need to book an appointment.

Given the above and considering the extract as quoted from section 203, at what point during the online application form process is my application considered "submitted" ? I found conflicting information online and the guidelines is not clear on this. The following webpage mentions that "once you have submitted your online application" you can then proceed to booking your visa appointment, but the article is from 2012: https://workpermit.com/news/uk-tier-2-v ... e-20120205. Does this mean that once I reach the page on my online application where I need to book an appointment that my application is "submitted", or will it only be considered "submitted" after I select and book a visa appointment?

My understanding is also that "Date of application" = "Date of submission" in my case, as im applying within the UK and making an Online priority application.

Can someone please clear this up? The reason why I want to be certain about the submission date is to ensure that my current leave-to-remain is not curtailed by Home office should my current sponsor (not my new sponsor) notify (or have already notified) home office that they withdraw/withdrawn my sponsorship. I am aware of all the rules surrounding leave-to-remain and all of that, and that Home office will not curtail if I have a new submitted application, condition to the fact that the application was submitted prior to my leave-to-remain expiring by means of the 60 days of when they were notified by my sponsor.

So I guess im seeking reassurance that I'm now okay and just need to wait until my new sponsor book my visa application appointment. I have a copy of my new application and it now has a "Date of Application" assigned it (09 October 2019).

Thank you!!
Last edited by brucem on Thu Oct 10, 2019 2:23 pm, edited 1 time in total.

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Re: When is my application considered "submitted"

Post by CR001 » Thu Oct 10, 2019 2:21 pm

Date of application is the date you submit and pay online.

Note that curtailment letters take a few months to get sent out. It isn't 'instant'.
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Re: When is my application considered "submitted"

Post by brucem » Thu Oct 10, 2019 2:29 pm

CR001 wrote:
Thu Oct 10, 2019 2:21 pm
Date of application is the date you submit and pay online.

Note that curtailment letters take a few months to get sent out. It isn't 'instant'.
Thanks for your reply CR001. My new sponsor is completing my online application on my behalf however I do have access to go in and view the application, and I can see that the application has been paid, and is now on the "Book your appointment" page.

So just to be 100% sure, at this point, is my application considered "submitted" or will it only be considered "submitted" once I complete the "Book your appointment" page and proceed after that point? I am not sure what other pages follow the "Book your appointment" page as I'm unable to navigate past the "Book your appointment" page, and even if I wanted to go ahead and book it now, I can't because my sponsor is handling this for me.

The reason above is why I'm trying to seek clarification on the exact point when it's considered submitted because I'm not in control of the online application and therefor do not know if there is a "final submission page" after the "Book your appointment" page. Obviously I knew then this question would be stupid, but I hope you see why I consider it important and how this thread could be helpful for others who find themselves in similar situations.
Last edited by brucem on Thu Oct 10, 2019 2:34 pm, edited 1 time in total.

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Re: When is my application considered "submitted"

Post by CR001 » Thu Oct 10, 2019 2:30 pm

Your appointment is irrelevant. It is submitted when paid and submitted online!
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Re: When is my application considered "submitted"

Post by brucem » Thu Oct 10, 2019 2:35 pm

Apologies, I edited the previous post, please see last paragraph. I will refrain from editing and simply reply next time to avoid confusion. Thank you

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Re: When is my application considered "submitted"

Post by brucem » Thu Oct 10, 2019 5:25 pm

CR001 wrote:
Thu Oct 10, 2019 2:30 pm
Your appointment is irrelevant. It is submitted when paid and submitted online!
I don't want to be annoying, but I need further clarification on this as it's still not clear.
Date of application is the date you submit and pay online. (reply from CR001)
The printed application I have in front of me now has a "Date of Application: 09 October 2019". Last time I checked it did not have this. When I log into the online application form, the current state of the application is that is goes to the "Book your appointment" page. Please note that I only completed the initial details on the form. My sponsor completed the rest, so I do not know at what point the application is submitted, be it before the "Book your appointment" page or after. This is the clarification i'm seeking. Is my application now considered submitted? I know that I still need to go for the appointment, that's not relevant to question im asking.
Your appointment is irrelevant. It is submitted when paid and submitted online! (reply from CR001)
I can see that it's paid. But again, how will I know it's was submitted? Does the fact that I now have a "Date of Application" with a value of 09 October 2019 and that the page now being displayed in the online application form "Book your appointment" mean that the application has been submitted?

Please bear with me as this minor detail is important in my case.

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Re: When is my application considered "submitted"

Post by CR001 » Thu Oct 10, 2019 5:38 pm

You have to pay and submit before you can book an appointment. If it says submitted 9 October then it is submitted and paid. The appointment process with the third party agent is separate to this.
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Re: When is my application considered "submitted"

Post by CR001 » Thu Oct 10, 2019 5:46 pm

As you still appear to be employed by your current sponsor, I am unclear on why this is an issue regarding application date for a different sponsor visa,as you clearly still have a valid visa.
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Re: When is my application considered "submitted"

Post by brucem » Thu Oct 10, 2019 6:38 pm

CR001 wrote:
Thu Oct 10, 2019 5:38 pm
You have to pay and submit before you can book an appointment. If it says submitted 9 October then it is submitted and paid. The appointment process with the third party agent is separate to this.
This answers my question in full.

Thank you, you've been incredibly helpful :)

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Reporting your resignation to UKVI

Post by brucem » Fri Oct 11, 2019 7:58 pm

Hi all,

I'm in the final stages of Tier 2 (Change of employment) - Leave-to-remain. My question relates to giving notice to your current employer.

I've read all the guides, I'm clear on the process, but then I came across an "xxxx" website which states the following:
What you need to report

When you submit your notice of resignation, it is advised that you also send a copy to UK Visas and Immigration (UKVI). You should also include your proposed leaving date with this notice to UKVI.

What your sponsor needs to report

Your sponsor will also have to inform the Home Office of your resignation within 10 days of it being issued.

Once they have received this, they will send a letter to you to say that your leave has been curtailed to 60 days or until your visa ends.

If both you and your employer report your decision to stop working in the UK it will ensure you are still complying to your visa restrictions and will not affect on any future applications you make.
I don't recall reading anything in the guides about notifying UKVI about your resignation. I have no problem with notifying them, but is this a common practice? :shock:

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Re: Reporting your resignation to UKVI

Post by CR001 » Fri Oct 11, 2019 8:15 pm

1. Kindly keep all your questions in one topic. Threads merged.

2. Your sponsor has a responsibility to inform HO they are no longer sponsoring you within 10 days AFTER your last day of employment, NOT the date you resign. You should follow the UKVI website and Sponsor guidance notes and the Tier 2 policy guidance notes.
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Re: Reporting your resignation to UKVI

Post by brucem » Fri Oct 11, 2019 8:47 pm

CR001 wrote:
Fri Oct 11, 2019 8:15 pm
1. Kindly keep all your questions in one topic. Threads merged.

2. Your sponsor has a responsibility to inform HO they are no longer sponsoring you within 10 days AFTER your last day of employment, NOT the date you resign. You should follow the UKVI website and Sponsor guidance notes and the Tier 2 policy guidance notes.
Oops, sorry...will do.

I apologise if my question (yet again) wasn't clear. I'm clearly very bad at explaining things. Let me clarify...

I am aware of the sponsors duties to inform UKVI. I am specifically referring to the paragraph were it's suggested that "I" notify UKVI of my resignation as well. The paragraph seems to suggest that it's a good thing to-do, but I don't recall reading anything in the guide that it's also expected from the migrant to notify UKVI of his/her resignation.

The above is where I seek clarity. I'm happy to also notify UKVI, but is this actually a required or just "brownie points". Happy either way, one can't have enough brownies in this system :)

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Re: Reporting your resignation to UKVI

Post by CR001 » Sat Oct 12, 2019 4:38 am

You have posted information from a non official website. Many "advisors" post terribly incorrect information and pass it off as gospel when it is actually absolute nonsense.

Please only follow the UKVI/HO official guidance notes and websites.

There is NO requirement to notify ho or send them a copy, if you resign.

There is no such thing as "brownie points" when it comes to ho. Simply follow the rules and guidance.
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Re: Reporting your resignation to UKVI

Post by Zerubbabel » Sat Oct 12, 2019 9:48 am

brucem wrote:
Fri Oct 11, 2019 8:47 pm
CR001 wrote:
Fri Oct 11, 2019 8:15 pm
1. Kindly keep all your questions in one topic. Threads merged.

2. Your sponsor has a responsibility to inform HO they are no longer sponsoring you within 10 days AFTER your last day of employment, NOT the date you resign. You should follow the UKVI website and Sponsor guidance notes and the Tier 2 policy guidance notes.
Oops, sorry...will do.

I apologise if my question (yet again) wasn't clear. I'm clearly very bad at explaining things. Let me clarify...

I am aware of the sponsors duties to inform UKVI. I am specifically referring to the paragraph were it's suggested that "I" notify UKVI of my resignation as well. The paragraph seems to suggest that it's a good thing to-do, but I don't recall reading anything in the guide that it's also expected from the migrant to notify UKVI of his/her resignation.

The above is where I seek clarity. I'm happy to also notify UKVI, but is this actually a required or just "brownie points". Happy either way, one can't have enough brownies in this system :)
There no "brownies system" in place. They don't keep a file of people who go beyond the legal requirements and give them easy ride later.

Here is the form to report change of circumstances to the Home Office:

https://www.gov.uk/change-circumstances ... have-a-brp

It doesn't contain any box or provision about resignation. It's your sponsor's job do it.

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Re: Reporting your resignation to UKVI

Post by brucem » Sun Oct 13, 2019 2:53 am

CR001 wrote:
Sat Oct 12, 2019 4:38 am
You have posted information from a non official website. Many "advisors" post terribly incorrect information and pass it off as gospel when it is actually absolute nonsense.

Please only follow the UKVI/HO official guidance notes and websites.

There is NO requirement to notify ho or send them a copy, if you resign.

There is no such thing as "brownie points" when it comes to ho. Simply follow the rules and guidance.
And I thought it to be complete nonsense as well, hence why I came here for confirmation. Hopefully others who come across the same nonsense will find clarity by reading this. Thanks for your help

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Amend Tier 2 (Leave-to-Remain) after submission

Post by brucem » Tue Oct 15, 2019 3:20 pm

Hi,

Is it possible to amend (make a small change on the application form online and reprint) after it's been submitted online, but before my my visa appointment date? My appointment is scheduled for Friday.

Thank you

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