Tier2 General Visa rejection chance

Hi There,
Need guidance or advise on below matter.

Currently I am in UK with ICT Tier 2 Established staff visa (Issue in May 2010) and due to some personal reason I was in India for 1 and half year due to which my continuity has broken so I can’t apply for ILR unless I complete my continuous 10 year. Note: I am on same Visa type from May 2010 till now, so i am eligible to switch to Tier2 General.

Currently I am working for a client and they are ready to sponsor me (Tier2 General Visa), also they have done RLMT for one month and couldn’t find suitable resource for the position which they have advertise so they have to recruit me.

Unfortunately due to ongoing COVID-19 situation all the visa centres are closed, so they couldn't able to process my case further.

But as per below guidance from Home office for COVID-19 they can still hire by issuing COS and I can resign my current employer and join new employer based on COS?

Also just wondering how likely it is to get Tier 2 General Visa rejected? Because if it rejected then I would be in no man’s land as i have already left my current employer.

“If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:
• you have been assigned a Certificate of Sponsorship (CoS)
• you submitted your application before your current visa expired and you show your sponsor evidence of this
• the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.”

Thanks in anticipation

But as per below guidance from Home office for COVID-19 they can still hire by issuing COS and I can resign my current employer and join new employer based on COS?

Also just wondering how likely it is to get Tier 2 General Visa rejected? Because if it rejected then I would be in no man’s land as i have already left my current employer.

“If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:
• you have been assigned a Certificate of Sponsorship (CoS)
• you submitted your application before your current visa expired and you show your sponsor evidence of this
• the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.”

This guidance you quote refers to those who are applying WITHIN the UK. It does not apply to those outside the UK as you need a valid visa to board a plane and enter the UK.

Hi,

Thanks for your time on this.

Apologies, I should have been clear in previous post, currently I am in UK only and I am eligible to switch within country as per " Part 6A immigration rules, section 245HD.(c).(i)" rules which is in https://www.gov.uk/guidance/immigration ... sed-system link, so switching within country shouldn’t be an issue.

”[/quote]
This guidance you quote refers to those who are applying WITHIN the UK. It does not apply to those outside the UK as you need a valid visa to board a plane and enter the UK.
[/quote]

Hi,
Apologies, I should have been clear in previous post, currently I am in UK only and I am eligible to switch within country as per " Part 6A immigration rules, section 245HD.(c).(i)" rules which is in https://www.gov.uk/guidance/immigration ... sed-system link, so switching within country shouldn’t be an issue.

So wanted to know what is the likelyhood scenario for getting Tier2 General Visa rejected?

Hi,

I shall be grateful to you if you could reply to my query " So wanted to know what is the likelyhood scenario for getting Tier2 General Visa rejected?"

Thanks in anticipation.

Why do you assume your application will be rejected?
With required documents submitted, UKVI will not refuse applications.

Thanks for your response. Actually i have been told by company that it will be soley my responsibility if Visa is rejected.

But yes, if company provides all correct docs and details in application, then it's very bleak or no chance it will get rejected.

yes, if your company issued a CoS with proper RLMT and your salary meets the SOC code required salary, and you submitting your mandatory dcouments (mainly passport and current BRP), that should be fine.
did you submit your application?

Hi Experts,

what is the best time to quit the job with current employer? Considering the situation only COS be issued by new employer because UKVCAS office are not taking any new application.

Actually i have been told by company that it will be soley my responsibility if Visa is rejected.

Companies like to cover themselves with these wordings. This is just business as usual. They do their part, you do yours but they know that something beyond their control may go wrong: like a candidate doesn't submit the right documents to the Home Office, or candidate hiding past adverse immigration history, or last minute law change... Just to avoid any trouble, they tell you it's won't be their fault if something goes wrong with the visa. But it doesn't mean they anticipate a rejection.

what is the best time to quit the job with current employer?

In the current climate, there is no time to leave an employer. If your job is safe cling to it.

Have you read the guidance from UKVI on employment switch due to covid situation:

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you have been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS

If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.

Hi Proper,

Thanks for your response.

Employer didn't give me COS as they thought it's bit risky for them if it gets rejected (possibly they wanted to play very safe that's the reason they didn't give COS).

Now they said need to wait for new appointment which possibly will start from 22nd June as per UKVCAS website. Is this news of starting new appointment is true?

Thanks in advance for any information.

Yes, it is mentioned in their website

Hi There,

Thanks for your input on this on this.
I have one more query which i had asked back in 2018 (uk-tier-2-employer-sponsored-visas/tier ... 63484.html) but i am not able to do post it there as account is locked.

The employer who is trying to sponsor me on Tier2 General Visa said, as I have discontinue period from Dec 2011 to May 2013 (though i was on same visa or visa category, pls see below) said they need to check this with Home office whether i can be issued tier 2 general visa? is this true if someone had a gap with same visa can't they switch into Tier2 General? Can you pls provide me any reference for this pls? Appreciate your response on this.

My First visa was issued on 13/05/2010 and I first arrived in the UK on 23/05/2010.
Visa Tier 2 (ICT) Established staff: Valid from 13/05/2010 to 17/06/2011.
T2 ICT) Long Term Leave to remain: Valid from 11/07/2011 to 18/06/2013
T2 ICT) Long Term Leave to remain: Valid from 27/06/2013 to 31/05/2015
T2 ICT) Long Term Leave to remain: Valid from 12/06/2015 to 14/06/2017
T2 ICT) Long Term Leave to remain: Valid from 18/07/2017 to 14/06/2019
T2 ICT) Long Term Leave to remain: Valid from 29/06/2019 to 05/06/2022

I Left the UK on 4th December 2011 and came back again which is Second Entry to the UK on 6th May 2013. First exit (i.e. 4th Dec 2011) to UK and second entry (6th May 2013) to UK is having the same visa or same visa category and during my time in India I have worked for the same employer and client. So in a nutshell my visa category isn't changed.

Hi,


Just to let you know compnay has now come back and said they can issue Tier2 General for me and they have submitted my application to Home office and I got the COS and the start date is 6th July 2020.

My pre-scanning checks (DBS) are in proccess and not sure how long this going to be take due to current COVID-19 situation.

So I have below questions if you can answer that would be great.

Q1- What if DBS check take longer time (doesn't complete by 6th July) and If I don't start my new employment on 6th July 2020? Do they need to amend the COS start date?
Q2- If let's say DBS check done by Monday i.e. 28th June and what if i dont leave my current organisation (currently there is some issue on last working day) Do they need to amend the COS start date in this scenario as well?

Note: COS work Start date is 6th July 2020 and End date is 05 July 2023.

Current certificate status date: 23 June 2020
Date assigned: 23 June 2020
Expiry date (use by): 24 September 2020

Many thanks.

Just to let you know compnay has now come back and said they can issue Tier2 General for me and they have submitted my application to Home office and I got the COS and the start date is 6th July 2020.

You still need to enroll biometrics before HO will process your application. Biometric appointments are delayed due to the backlog.

Hi,

Thanks for your response,

application has been submitted to Home office and have confirmation email too (below)

"This email confirms the amount paid and the application's reference number. We cannot provide an invoice, but this email provides confirmation that we have received your payment and the application has been submitted.


Also with new guidlince can start work (I am in UK only ) if COS is already issued.

Now i am worried about the start date in COS and if those above 2 Q's are not met what would be the next step? Appreciate your response on that.

A start date can be amended in the SMS. DBS is not an immigration issue really.

The email received is generic and auto-generated. You still have to provide biometrics.

Hi,

Thanks for your info on the start date, "You still have to provide biometrics" I am not gettint this bit sorry.

So you are saying I can't work based on the COS?

Vicky_singh wrote: ↑

Fri Jun 26, 2020 2:32 pm

Hi,

Thanks for your info on the start date, "You still have to provide biometrics" I am not gettint this bit sorry.

So you are saying I can't work based on the COS?

I did not say you cannot work based on the CoS being assigned!

I merely stated that submitting an application online is not all that is required. You still need to enroll your biometrics before your visa will be processed.

https://www.gov.uk/guidance/coronavirus ... -residents

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:

you’ve been assigned a Certificate of Sponsorship (CoS)
you submitted your application before your current visa expired and you show your sponsor evidence of this
the job you start is the same as the one listed on your CoS
If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.

Hi,

My current Visa (with current employer) will expiers on 2022 and i need to check with firm on Monday whether they have booked my biometric or not.

Many thanks.

If i have any further more queries then i will ask

Vicky_singh wrote: ↑

Fri Jun 26, 2020 2:43 pm

Hi,

My current Visa (with current employer) will expiers on 2022 and i need to check with firm on Monday whether they have booked my biometric or not.

Many thanks.

If i have any further more queries then i will ask

Biometric appointments are delayed. They are dealing with applicants in the date order they applied, starting with March, then April and so on.

Hi,

Thanks for your response, my current visa with my current employer expiers on June 2022.

Regarding the biometric, below response i got from the firm who processing my case. Hope this is fine?

"We will only be able to obtain an appointment once the Home Office sends us an invitation. I will be in touch when this isreceived but it is not likely to be anytime soon."

The process for dealing with the backlog is very clearly explained on the UKCVAS website. It is UKCVAS that emails about biometric appointments, not HO.

You are likely in a long queue of people waiting, across all applications (all visa categories, ILR and British Citizenship) who have applied since 27th March.

https://www.ukvcas.co.uk/flash-message- ... geId=74833

Hi,

My application for Tier2 General has been submitted to HO and COS generated and regarding Biometric they said below:
“We will only be able to obtain an appointment once the Home Office sends us an invitation. I will be in touch when this is received but it is not likely to be anytime soon.”

Also just to let you know my current BRP with current employer expires on June 2022, so I should be fine.

Also I have one more query, if you could answer that would be great. My start date in COS with new employer is 6th July 2020 and I am yet to done all formalities with my current employer, so I can’t start with new employer on 6th July 2020 if all my exiting formalities done with current employer?