Please help - PSW - Tier 2

[Faisal87]

Hi All,

I received a refusal letter - I do not know who to blame, but I requested 5 year long visa while I am just new entrant.

I am going to reapply and request new COS today with the right employment dates and salary.

Since my visa PSW has been expired and my passport is still with Home Office:

Can I still work OR even though I am going to re apply by the end of this week and half of my documents are with the HO?

Can you please let me know as I don't want to get myself or the employer into problems

Thank you thank you so so much

[Frontier Mole]

When did your last visa expire and were you given a right of appeal with your refusal?

[Faisal87]

When did your last visa expire and were you given a right of appeal with your refusal?

My PSW visa has expired on 23-07-14.
Yes, I have both Right to Appeal or To Make new application.

I received the letter of refusal on Monday 28-07, with the appeal form enclosed.

Thank you so so so much

[Faisal87]

Can anyone please help in here? I beg you all

My employer has just requested an increase in the COS allocation (Additional COS) . Does my employer need to contact them to speed up the process? What are the contact details please?

Many thanks

[Frontier Mole]

Additional COS requested via SMS takes around two working days. There is the sponsor helpline but that will not speed the process. You will get the usual comments about pass it on etc etc.
I would expect the sponsor will have it by Monday

[Faisal87]

Additional COS requested via SMS takes around two working days. There is the sponsor helpline but that will not speed the process. You will get the usual comments about pass it on etc etc.
I would expect the sponsor will have it by Monday

Thank you so much! you are very helpful

I have received letter of refusal with the right to appeal, do I need to declare in the new application that I am an overstayer since my current stay was expired when I received the letter of refusal

Do I need to call them and let them know that I will make a new application

Thanks again so so much

[Frontier Mole]

Once your sponsor has COS put in an immediate new application.
You are not an overstayer as you are still within your appeal period and still within the 28 days grace period after visa expiry. Whatever way you cut it you are not an overstayer.

Good luck

[Faisal87]

Once your sponsor has COS put in an immediate new application.
You are not an overstayer as you are still within your appeal period and still within the 28 days grace period after visa expiry. Whatever way you cut it you are not an overstayer.

Good luck

Thank you very much again!

Just so you know, we requested COS increase on Thursday. I thought it will take 2-3 days but we haven't received any notification from them.

Could you please let me know if we need to contact them or to wait for few days?

Thanks a lot

[Frontier Mole]

Suggest you wait till Wednesday morning. If no joy by then your sponsor is going to have to chase it up on the sponsor helpline.

[Faisal87]

Suggest you wait till Wednesday morning. If no joy by then your sponsor is going to have to chase it up on the sponsor helpline.

It has been a week now and no update from them. Shall I give it more time or it's worth giving them a call.
Many thanks

[Frontier Mole]

They should process COS requests pretty quickly.
I would chase them up as it has been a week now.

[praveenyennam]

Have you got any update as of yet?

[Faisal87]

Have you got any update as of yet?

Yes, they updated the increase on Friday afternoon! So I took a week and few days.

[Faisal87]

They should process COS requests pretty quickly.
I would chase them up as it has been a week now.

Thanks for your help!

Just wanted to know - I am submitting fresh application, but I am having problem with passport dates since they all are with HO.
Any suggestions?

Thanks again!

[manci]

if you don't know some of the passport information asked for leave it blank on the application form and enclose a letter explaining why (passport with HO). It is always a good idea to keep a copy of a passport in case it is lost or stolen or if you have to send it anywhere.

Once the 10 working day appeal period runs out and you don't appeal you will be an overstayer and are not allowed to work. Consider making a premium or priority postal application which will be more expensive but quicker. Also double check the application, or ask someone experienced to do it for you, because if it is refused you will not get another right to appeal. Ask for a printout of the CoS and check if everything in it is correct (NB: period of engagement max 3 years if you want to claim the new entrant rate).

[prashu7]

hello Faisal, manci,

I am under the similar situation, My Visa expired on 18th July and I got refusal letter on 8th August.

So my 28 day grace period after visa expiry is only upto 15th of august.

1) if I make a new application before 15th of august, can I continue to work normally?

2) In can I choose to appeal, can I make a new application in parallel?

3) if I do not appeal as its my sponsors mistake and make a new application with new CoS, Will I be a overstayed?

4) can I make a new application without passport as my my passport is still with HO?

Sorry if I am being repetitve manci, I am still confused on this and cannot come to a conclusion.

Thanks

[manci]

hello Faisal, manci,

I am under the similar situation, My Visa expired on 18th July and I got refusal letter on 8th August.

So my 28 day grace period after visa expiry is only upto 15th of august.
the 28 day grace period is from the date of the refusal, not from the expiry date of your visa

1) if I make a new application before 15th of august, can I continue to work normally?
unless you appeal you are not allowed to work after the period allowed for the appeal is over

2) In can I choose to appeal, can I make a new application in parallel?
no, if you have appealed you must withdraw the appeal before you can re-apply. if you don't appeal you can re-apply any time within the 28 day grace period

3) if I do not appeal as its my sponsors mistake and make a new application with new CoS, Will I be a overstayed?
yes, but apart from not being allowed to work and not being given appeal rights if the new application is refused, overstaying by up to 28 days will not have other immigration consequences

4) can I make a new application without passport as my my passport is still with HO?
yes, just explain in the application that your passport is with the HO

Sorry if I am being repetitve manci, I am still confused on this and cannot come to a conclusion.

Thanks

[Faisal87]

if you don't know some of the passport information asked for leave it blank on the application form and enclose a letter explaining why (passport with HO). It is always a good idea to keep a copy of a passport in case it is lost or stolen or if you have to send it anywhere.

Once the 10 working day appeal period runs out and you don't appeal you will be an overstayer and are not allowed to work. Consider making a premium or priority postal application which will be more expensive but quicker. Also double check the application, or ask someone experienced to do it for you, because if it is refused you will not get another right to appeal. Ask for a printout of the CoS and check if everything in it is correct (NB: period of engagement max 3 years if you want to claim the new entrant rate).

Thanks a lot guys!
@manci
I received my new COS, and has employment start date as 11-08-14. My question is - should the start date be the expiry date of my previous visa or it doesn't matter? Since my previous visa was expired in July

Many thanks

[manci]

@Faisal87
the CoS start date is OK but remember that unless you appeal you are not allowed to work, and your sponsor is not allowed to let you, until you have a new leave.

[praveenyennam]

In Tier2 Visa application, If we have last granted with Tier1(PSW) visa, do we automatically meet the english language requirement?