Unrestricted CoS issue

qaws_14 · Post by **qaws_14** » Thu Nov 03, 2011 6:20 pm

Hi, Sushdmehta

Greetings.

Please let me know the following.

I am already in the UK on Work Permit and made redundant from 01 october as the company went insolvent. I was working till 30 september. No notice given to me, but the papers for claiming the redundancy allowances are provided by the insolvency practitioner. I do not know about to claim it or not. I have no recourse to public fund.

As I am already in the UK, I need the Unrestricted CoS for the new job.

I have got the job now but the employer needs to assign the CoS.

Now my question is when can the company issue or assign the CoS to me. I am asking this question because I read on UKBA webiste about it which says that the CoS assigned on or before the 5th of the month will be decided by the 11th of the month, but it was for the Restricted CoS. I am worried because I do not want to be unemployed for long period.

I will be due for ILR in January 2012.

I am in UK for just over 8 years, first as student and then on Work Permit.

Please guide me, what to do.

Post by **geriatrix** » Thu Nov 03, 2011 8:30 pm

1. Arrange for your employer to apply for and assign you a uCoS as soon as possible.
2. Make sure that the starting date of employment to be specified in the uCoS must not be one that is more than 3 months away from the date uCoS is applied for. That said, the earlier you join the better for you - so choose an appropriate joining date for the CoS.
3. As soon as the uCoS is issued, apply for leave to remain.

qaws_14 · Post by **qaws_14** » Thu Nov 03, 2011 9:13 pm

Thankyou sushdmehta.

It is very helpful.

But is the date (5th and 11th) relevant to uCoS. Please let me know so that I can ask my new empoyer to act according to that. My new employer has already applied for the uCoS and received it as well. It is now to be assigned to me.

Should I ask them to assign it to me tommorrow or is it OK if they assign it to me in the next week e.g. on 11/11/11 and then i apply for leave to remain in the week after.

smoothraj · Post by **smoothraj** » Fri Nov 04, 2011 11:20 am

qaws_14 wrote:Thankyou sushdmehta.

It is very helpful.

But is the date (5th and 11th) relevant to uCoS. Please let me know so that I can ask my new empoyer to act according to that. My new employer has already applied for the uCoS and received it as well. It is now to be assigned to me.

Should I ask them to assign it to me tommorrow or is it OK if they assign it to me in the next week e.g. on 11/11/11 and then i apply for leave to remain in the week after.

- the dates 5th and 11th are relevant only for restricted Cos and totally irrelevant for unrestrcted CoS . Forget about it!

-However has your prospective employer done a Resident Labour Market Test in the UK for the job position? If not they can't assign you the Unrestricted CoS- as you wont get the total of 50 points required to qualify.
Exception is if your job role with the prospective employer falls within the shortage occupation list or your salary is more than 150, 000 Â£.

Hope that helps.

qaws_14 · Post by **qaws_14** » Fri Nov 04, 2011 11:30 am

Thankyou smoothraj, it was very helpful.

My employer has advertised the vacancy for 28 days in two places including job centre and then selected me. Is it enough for Resident Labour Market Test ?

smoothraj · Post by **smoothraj** » Fri Nov 04, 2011 1:24 pm

qaws_14 wrote:Thankyou smoothraj, it was very helpful.

My employer has advertised the vacancy for 28 days in two places including job centre and then selected me. Is it enough for Resident Labour Market Test ?

yes and as long as the start date(in line with sushdmehta's advice) on the Cos is within 3 months of application date then you are ok!

All the best!

qaws_14 · Post by **qaws_14** » Fri Nov 04, 2011 4:10 pm

T H A N K Y O U

sushdmehta and smoothraj

I A P P R E C I A T E it H U G E L Y

qaws_14 · Post by **qaws_14** » Tue Nov 08, 2011 11:18 pm

Hi,

As I wrote earlier that I was made redundant from 01 october.
I think that I have to find another job in 60 days.

Does it mean that I should find the job, get th uCoS and apply for the tier 2 visa.

OR

Does it mean that I have to find the job, get the uCoS, apply and get tier 2 visa and start working within 60 days.

The question arrises because my potential employer will provide me uCoS within few days and then I will apply for tier 2 visa, but I think by the time I get the tier 2 visa the 60 day period will be finished. How will it effect the ILR.

Post by **geriatrix** » Tue Nov 08, 2011 11:28 pm

qaws_14 wrote:I should find the job, get th uCoS and apply for the tier 2 visa.

qaws_14 · Post by **qaws_14** » Fri Nov 18, 2011 5:51 pm

Hi again,

My employer is planning to give me uCoS on 22/11/2011 and I am redundant from 01/10/2011. It means I will get the uCoS withing 60 days. I will apply for the tier 2 visa immediately.

My employer will put the date of start of my job as 28/11/2011, but I might not get visa before that. Will this be an issue ?

Secondly as I read the guidance on the UKBA website for the tier 2, I need to just supply the following documents :
2 photographs,
Bank statements for last 90 days, the latest being within the month,
Qualification certificates for the support of English
Passport for me and dependents

and that is it. To me seems very less. Do I have to supply anything more or it is really only that.
Am I not missing anything. Should I go through solicitor or I should do it myself.

Please guide

qaws_14 · Post by **qaws_14** » Sun Nov 20, 2011 11:34 pm

please reply .....

wakate55 · Post by **wakate55** » Tue Nov 22, 2011 12:46 pm

I don't know about dependents, but I think that's all you need to send.

All you have to do is to apply for a tier 2 visa immediately, and just wait.

Though it takes more than four weeks to get approval letter in order to start working...

qaws_14 · Post by **qaws_14** » Sun Dec 04, 2011 11:55 pm

Hi all,
Thankyou for replying my queries.

I have now applied for the Tier 2 for me, wife and child who was born in uk.
However I have not applied for my son who was born in india and he is in india at the moment and never came here for last 4 years. I always go and visit him. He is under 10 years age. He has been to uk couple of times and still he has a valid WP dependent visa. Now as i was made redundant as the company closed down and I have applied for tier 2 for three of us and not for the son who is india, I have the confusion of whether or not he will get ILR when I apply in coming months.

Should I apply for his tier 2 dependent from india or should i wait till I get ILR and then apply for his ILR.

please guide

qaws_14 · Post by **qaws_14** » Mon Dec 05, 2011 3:43 pm

Please reply

qaws_14 · Post by **qaws_14** » Thu Jan 05, 2012 1:42 am

Dear All,

I have applied for Tier 2 visa.

I will finish my five years in february 2012, as I was on Work Permit from ferruary 2007.

Now I will receive tier 2 visa in this month. Can I apply for the ILR in march after having received the pay slip for the month of febraury.
I was made redundant from october 2011, but applied for tier 2 within 60 days

Thanks

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