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Tier 2 unrestricted Cos allocation refused

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

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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Kashif44
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Tier 4 to Tier 2

Post by Kashif44 » Fri Aug 23, 2019 8:13 pm

Hi seniors and Moderators,
I am a Tier-4 MSc Software Engineering student in the UK from Queen Mary Uni.

As per the current rules, I can apply to switch from Tier-4 to Tier-2 upto three months before completion of my degree. I have just passed my papers and submit my final project on 22nd of Aug 2019 and waiting for the presentation which will held in first week of Sep. and I am quite sure i'll get all full completion result by mid of Oct 2019
I am also working part time in a company who offered me tier 2 and I accept the offer but today company issued me restricted COS letter.
I have gone through all Home office site and find out Tier 4 cannot switch Tier 2 on restricted COS letter unless they have granted the full UK Degree or atleast 3 month prior to completion of degree date.
Please any senior advice what shall I do to transfer my tier 4 visa to tier 2 on restricted COS .
just also let you know I got UK Naric qualification equivalency certificate in which they clearly mention my back home degree is equivalent to UK Bachelor and also awarded me B2 English language certificate.

thanks in advance

UKLL
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Re: Tier 4 to Tier 2

Post by UKLL » Sun Aug 25, 2019 8:37 am

Kashif44 wrote:
Fri Aug 23, 2019 8:13 pm
Hi seniors and Moderators,
I am a Tier-4 MSc Software Engineering student in the UK from Queen Mary Uni.

As per the current rules, I can apply to switch from Tier-4 to Tier-2 upto three months before completion of my degree. I have just passed my papers and submit my final project on 22nd of Aug 2019 and waiting for the presentation which will held in first week of Sep. and I am quite sure i'll get all full completion result by mid of Oct 2019
I am also working part time in a company who offered me tier 2 and I accept the offer but today company issued me restricted COS letter.
I have gone through all Home office site and find out Tier 4 cannot switch Tier 2 on restricted COS letter unless they have granted the full UK Degree or atleast 3 month prior to completion of degree date.
Please any senior advice what shall I do to transfer my tier 4 visa to tier 2 on restricted COS .
just also let you know I got UK Naric qualification equivalency certificate in which they clearly mention my back home degree is equivalent to UK Bachelor and also awarded me B2 English language certificate.

thanks in advance
You cannot switch from Tier 4 to Tier 2 on restricted CoS -- must be unrestricted CoS, it's not about your degree. Your Tier 4 CAS already means you meet the English requirement.

Kashif44
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Joined: Fri Aug 23, 2019 7:58 pm

Re: Tier 4 to Tier 2

Post by Kashif44 » Wed Aug 28, 2019 10:25 pm

Thanks for your reply really appreciate ,
I have requested to my employer for withdraw the restricted Cos and issue me Unrestricted Cos , and they withdraw my previous restricted COS and today when they try to assign new unrestricted cos the system didn't allow them to do it any senior can help and advised after withdrawal of restricted cos when company will be able to assign the new unrestricted cos on the system ?
I have also get the letter from UNI in which they clearly mention my degree will finish by end of Sep which is within the 3 months time frame of Tier 2 G rules.

Kashif44
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Re: Tier 4 to Tier 2

Post by Kashif44 » Thu Sep 05, 2019 6:53 pm

My Employer apply for unrestricted Cos allocation on premium basis and today he got from Home Office replied,
we have not approved your request of COS in tier 2 General according to paragraph 39.19 to 39.21 of the tier 2 and 5 sponsor guidance as the identified migrant is not eligible switch Tier 4 to Tier 2 (General)

Please seniors and moderators help me on urgent basis why home office refused the allocation as I am on tier 4 visa and my degree is also going to finish by end of Sep 2019 and I have University letter clearly mention my degree is finishing within 3 months.
I have also degree from back home which is equivalent to UK Bachelor as per Naric and also got English language assessment from Naric.
Please seniors help me how we challenge the home office decision and what documents we need to provide them to satisfy ,
Thanks in Advance

Kashif44
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Posts: 7
Joined: Fri Aug 23, 2019 7:58 pm

Tier 2 unrestricted Cos allocation refused

Post by Kashif44 » Fri Sep 06, 2019 6:40 pm

My Employer apply for unrestricted Cos allocation on premium basis and home refused the allocation home office wrote.

we have not approved your request of COS in tier 2 General according to paragraph 39.19 to 39.21 of the tier 2 and 5 sponsor guidance as the identified migrant is not eligible switch Tier 4 to Tier 2 (General)



I am on tier 4 visa and my MSC is going to finished by 17th September I have University letter clearly mention my degree is finishing within 3 months time frame as per Tier 2 policy guideline .
I have also degree from back home which is equivalent to UK Bachelor as per Naric statement and also got English language assessment from Naric.
Please seniors help me how my employer challenge the decision as they also not too much aware why home office refused the allocation for unrestricted cos and what documents we need to provide them to satisfy ,

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CR001
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Re: Tier 2 unrestricted Cos allocation refused

Post by CR001 » Fri Sep 06, 2019 7:03 pm

What is the job and SOC and salary that the sponsor is offering??

How old are you?

Link below is the tier 2 applicant guidance notes.

https://assets.publishing.service.gov.u ... 8-2019.pdf

Link below is the tier 2 sponsor guidance notes.

https://assets.publishing.service.gov.u ... dendum.pdf
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Kashif44
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Joined: Fri Aug 23, 2019 7:58 pm

Re: Tier 2 unrestricted Cos allocation refused

Post by Kashif44 » Fri Sep 06, 2019 7:18 pm

CR001 wrote:
Fri Sep 06, 2019 7:03 pm
What is the job and SOC and salary that the sponsor is offering??
Title of Job is ''Software Engineer'' and we put SOC code 2136
How old are you?
24 years
Link below is the tier 2 applicant guidance notes.

https://assets.publishing.service.gov.u ... 8-2019.pdf

I read all but did'nt understand why home office refused the allocation for unrestricted COS , MY employer have already tier 2 licence for restricted cos , home office says we have not approved your request of COS in tier 2 General according to paragraph 39.19 to 39.21 of the tier 2 and 5 sponsor guidance as the identified migrant is not eligible switch Tier 4 to Tier 2 (General)
Link below is the tier 2 sponsor guidance notes.

the objection they raised 39.19 to 39.21 is totally against the statement migrant is not eligible switch Tier 4 to Tier 2 in this paragraph 39.19 home office asked for how much salary we already put 32k and in 39.20 they asked for title of the job which we also provided to them in job descriptions and paragraph 39.21 doesn't exist at all.
https://assets.publishing.service.gov.u ... dendum.pdf

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CR001
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Re: Tier 2 unrestricted Cos allocation refused

Post by CR001 » Fri Sep 06, 2019 8:00 pm

2136 as a shortage occupation on Appendix K or a non shortage occupation on Appendix J?

How long was the CoS for?? 2, 3 or 5 years?

Also, to qualify as tier 4, my understanding is you cannot be offered the experienced rate, which is what appears to have been the case with your salary, which would mean RLMT is required.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Kashif44
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Re: Tier 2 unrestricted Cos allocation refused

Post by Kashif44 » Fri Sep 06, 2019 8:51 pm

CR001 wrote:
Fri Sep 06, 2019 8:00 pm
2136 as a shortage occupation on Appendix K or a non shortage occupation on Appendix J?
2136 Shortage occupation on Appendix K 2136 Programmers and software development professionals my employer also mention in request candidate has been working for us since OCT 2018 as part time home office
How long was the CoS for?? 2, 3 or 5 years?
we didn't mention as it was request for unrestricted cos allocation my employer wrote we are offering him permanent role as software engineer
Also, to qualify as tier 4, my understanding is you cannot be offered the experienced rate, which is what appears to have been the case with your salary, which would mean RLMT is required.
RLMT we did and mention in Cos allocation request with job sites and links

Kashif44
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Re: Tier 2 unrestricted Cos allocation refused

Post by Kashif44 » Sat Sep 07, 2019 12:29 am

CR001 wrote:
Fri Sep 06, 2019 8:00 pm
2136 as a shortage occupation on Appendix K or a non shortage occupation on Appendix J?

How long was the CoS for?? 2, 3 or 5 years?

Also, to qualify as tier 4, my understanding is you cannot be offered the experienced rate, which is what appears to have been the case with your salary, which would mean RLMT is required.
can my employer apply for non shortage occupation on Appendix J for allocation of unrestricted COS I go through the detailed home office site and find out
https://www.gov.uk/guidance/immigration ... illed-work
2136 Programmers and software development professionals is right code suit to my job and it also come RQF Level 6 which is equivalent to UK Bachelor or above degree and I have that qualification .
but my question is if my employer who already have tier 2 licence for restricted cos if they apply unrestricted cos through this SOS Code will home office grant them un restricted cos allocation on that basis ?
I am quite confused and don't what to do or any one here guide me any best solicitor in London who prepare a case to get unrestricted cos allocation and also help me to get Tier 2 from Tier 4 ?

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CR001
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Re: Tier 2 unrestricted Cos allocation refused

Post by CR001 » Sat Sep 07, 2019 8:12 am

To qualify as shortage occupation on 2136, your sponsor must be a qualifying company and the job must meet the very specific industry requirements OR you must have 5 years relevant experience in the field and of leading a team and this must be demonstrable. You cannot simply choose shortage occupation because it suits you. Your sponsor seems very confused as RLMT is not required for shortage occupation jobs and not sure why they mentioned it at all in the CoS, particularly as you have been working for them for almost a year so this appears to be a case of a bit of 'pre-selection'.

When a CoS has a validity, ie. 2 years, 3 years or 5 years. This is what determines your length of visa you apply for, regardless of Unrestricted or Restricted CoS. This is why I have asked what the sponsor has requested as a start and end date in the CoS.

Have you been working for your employer from home or office based since October 2018? Your comment isn't clear? How many hours have you been working and what does your visa say you are allowed to work?
I am quite confused and don't what to do or any one here guide me any best solicitor in London who prepare a case to get unrestricted cos allocation and also help me to get Tier 2 from Tier 4 ?

Members are not permitted to post names and details of solicitors on the forum. Your sponsor is the one that needs to get advice on the process.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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