Application Pending with old (used up) cos. New cos approved

[ratz]

Hi,

I am in a bit of a spot again.
My first application was refused due to an clerical error on the CoS and we had to go through the exceptional circumstances process to get a additional certificate. My leave to remain expired on the 28th of Oct and we had not heard from the CoS people. So we lodged a new application with the old expired CoS to buy us more time. The application was made on the 26th of October and we expected it to be refused. The plan was to go for a judiciary review based on this decision.

Today we heard back from the UKBA about the CoS and they have approved it. We are now unsure what to do. If we should send the new CoS number to the currently pending application or if we can apply again from The UK using the new CoS bearing in mind that my current leave has now expired.

Does this mean I have to leave the uk and apply from overseas? in which case it would not be a Tier 1 to Tier 2 switch but a brand new application. Which means that the company will have to do a resident market test and the CoS allocation would be slightly different and I guess the chances would be slightly lower.

Can anyone advise me what to do next? I am clueless. I can get the company to allocate me the CoS and send the UKBA the amended application page with an explanation as to why it needs changing. But this means the CoS will be allocated as a switch. In case they turn around and go; nope, we do not want to amend the pending application and its refused, I will not be able to apply from overseas using the same CoS as it was allocated as a switch.

Any Ideas?


Thanks in Advance,
-V

[The Station Agent]

Essentially the delay here is largely the fault of the UKBA so I would advise them of the new CoS number and try to salvage the existing application. The situation with CoS is a shambles and they should acknowledge that they are causing a lot of confusion and a lot of delays. You applied for leave before your last leave expired and you now have a valid CoS so they should honour that application.

[J_PO]

Hi,

I am in a bit of a spot again.
My first application was refused due to an clerical error on the CoS and we had to go through the exceptional circumstances process to get a additional certificate. My leave to remain expired on the 28th of Oct and we had not heard from the CoS people. So we lodged a new application with the old expired CoS to buy us more time. The application was made on the 26th of October and we expected it to be refused. The plan was to go for a judiciary review based on this decision.

Today we heard back from the UKBA about the CoS and they have approved it. We are now unsure what to do. If we should send the new CoS number to the currently pending application or if we can apply again from The UK using the new CoS bearing in mind that my current leave has now expired.

Does this mean I have to leave the uk and apply from overseas? in which case it would not be a Tier 1 to Tier 2 switch but a brand new application. Which means that the company will have to do a resident market test and the CoS allocation would be slightly different and I guess the chances would be slightly lower.

Can anyone advise me what to do next? I am clueless. I can get the company to allocate me the CoS and send the UKBA the amended application page with an explanation as to why it needs changing. But this means the CoS will be allocated as a switch. In case they turn around and go; nope, we do not want to amend the pending application and its refused, I will not be able to apply from overseas using the same CoS as it was allocated as a switch.

Any Ideas?


Thanks in Advance,
-V

Hi and good to hear you got a new COS and good luck with it all.
Out of interest to my own case, can you confirm what salary band were you for the request and also if you had to re-submit the request on the uopdated november form?
Many thanks
J