Tier 2 Gen Visa application with COS issued in UK

[johndepaspire]

I got a job offer in UK and currently on a Tier 2 ICT visa issued in Jan 2011. I got an extension in Jan 2013 for one and half years till Jul 2014. Since my current assignment is complete I need to go back to my home country by next week. I have some questions in this regard:

1. Can I apply for Tier 2 gen visa from my home country with the COS issued to me in UK.
2. If the answer to 1 is No, do I need to apply for Tier 2 Gen Visa only from UK.

Please suggest me any other alternative.

Thanks.

[johndepaspire]

Can anyone please help me with this.

[manci]

When you leave your current employment your sponsor will inform the HO and your visa will be curtailed to 60 days from the date the HO make the curtailment decision (not from the date of termination).

There are 2 options:

a) stay in the UK, the new sponsor assigns an unrestricted CoS to you following which you apply for leave to remain. You are eligible to switch in-country

or

b) return to home country,the new sponsor assigns a restricted CoS to you following which you apply for entry clearance.

[johndepaspire]

Thanks Manci for your reply.

[geetaghanti01]

Hi Experts,
I am explaining my situation;

Initially I had Tier 2 ICT short term staff partner visa valid from 10/06/11 to 09/07/12. During that time I joined my employer on 11th April 2012.My husband got his Tier 2 ICT SHORT TERM STAFF visa got converted to Tier 2 ICT LONG TERM STAFF visa on 27/06/2012. We had to make application from India and during that time I had taken leave from my employer.

It’s understood that , now I have Tier 2 ICT LONG TERM STAFF PARTNER visa valid through 27/06/2012 to 27/06/2014. I am employed since 11th April 2012.But I am on my maternity leave till 24th Aug 2014 . I am currently in India. As current visa is expiring on 27th June 2014, my employer expect me to have valid visa even though I am on maternity leave. My employer is ready to sponsor and they have already generated a COS number. But I am little confused..

The details of current COS are –
1. Date of Joining – 28 June 2014( This is what my employer has told me : what is asked for on the CoS is the Work Dates the CoS covers. So this the date my current visa expires)
2. Is it a Restricted CoS? : No (This is what my employer mentioned on cos : It is a “Tier 2 (General – Switching Immigration Category)”)
3. Has the RTML being completed? This is the text my employer has put in the CoS: This person is already employed under a 'Tier 2 ICT Long Term Staff Partner' visa. At the time of the original recruitment (11 April 2012) she was subject to our usual selection procedure which includes UK-wide advertising; minimum degree qualification; technical selection and communication/language skills.

I have these questions -
1. Now can I make visa application to switch visa category from ICT staff partner to Tier 2 (G) from UK with unrestricted COS ? or
2.Should have to make visa application from India only with restricted COS?
3.Will my employer be able to provide/generate another COS, with RTML being completed?

Please please help me.

[manci]

Your employer is right wanting you to have valid leave throughout the period of maternity leave (and beyond when you will resume work).

Your husband's T2 ICT LTS visa and your PBS dependant visa both expire on 27/06/2014. If your husband will apply to extend his leave why can't you also apply to extend yours?

Of course, your employer can also sponsor you under T2G but in that case you have to apply for entry clearance from India with a restricted CoS which will involve the employer doing a RLMT. Even if the RLMT they did in 2012 complied with HO rules it would have expired by now (RLMTs are only valid for 6 months).

The unrestricted CoS they generated for you is not valid and should be withdrawn. The process for restricted CoS is different, hopefully your employer knows how to apply for one.

[geetaghanti01]

Thank you Manci for your detailed reply.
I am currently in India, and my husband is extending his TIER 2 ICT LONG TERM STAFF visa from UK. Only after his visa extension is done, he will send me the documents and I will be applying for my visa extension and my daughter's new visa from India. If my husband starts his visa extension process from 24th of this month, Will I be able to get my visa extension one from India before my current visa expires i.e 27/06/2014?

You mentioned “The unrestricted Cos they generated for you is not valid and should be withdrawn.” What is the process to withdraw COS? Is it going to be very complicated for my employer?
I am on my maternity leave; will that in any case don’t allow my employer to do RLMT?
In case my employer is able to do RLMT, and if they start the process as early as 27th of this month, will be still be able to get my Tier 2 (G) visa before 27/6/2014?

[geetaghanti01]

Manci,

If I don't get my visa extension done before 27/06/2014,if my visa extension is still under process, will I be still employed?

[geetaghanti01]

Hello Experts,
Please help me..

[manci]

your employer can start the RLMT any time. It takes min. 28 days. They need to successfully complete it before they can apply for a restricted CoS for you. Applications for restricted CoSs which are submitted before the 5th of a month are decided on the 11th of the same month (but delays have been known to happen). Therefore if everything goes well the earliest they can receive the allocation and assign the restricted CoS to you would be 11 June. As soon as the CoS is assigned you can apply for entry clearance. You can check on the internet how long they take processing T2G entry clearance applications at the particular centre where you will be applying.

The unrestricted CoS you had assigned to you can be withdrawn by the sponsor online, they will know how to.

You cannot be employed in the UK unless you have immigration permission to work.

[geetaghanti01]

Hi Manci,

Thanks for toy reply. I send out mail to my employed explaining them that I cannot switch visa category to Tier 2 General. And As I hold valid offer letter(I am still working with the company) I should be issued restricted COS. But for that my employer has come back with

"The only categories available to us under a restricted CoS are a) Tier 2 (General – new hires) or b) Tier 2 (General - Tier 4 dependent switching to Tier 2). You are neither of these, so I’m afraid we cannot issue you with a restricted CoS."

My employer has recently got Sponsors Licence, SO I don't now whether they know this field completely.
Now my question is

1. s my employer right?
2. Is it true that they cannot issue me a restricted COS?
3. What is the procedure to issue Restricted COS? is it free of cost for my employer or do they have to shell out some money to get the same?
4.How should I convince my employer to issue me restricted COS?

Please help me.

[manci]

I think you would be a Tier 2 new hire because only those (and T4 dependant switching from within the UK) need restricted CoSs and your employment as a PBS dependant is not relevant in this context.

Ask your employer to check this by ringing the UKBA employer helpline 0300 123 4699. You can also ring them (calls are anonymous, you don't have to give your name) but speak as though you were enquiring on behalf of an employer.

If it is confirmed that they can apply for a restricted CoS for you further information on how to do it is given in the T2 sponsor guidance p 92-93
https://www.gov.uk/government/uploads/s ... _04-14.pdf

and how to use the SMS is here:
https://www.gov.uk/government/uploads/s ... ed_CoS.pdf