Annual CoS allocation

[talktonight]

Hi there,

Could somebody please help to clarify the situation:

My company received sponsorship license + 1 CoS in 2013. This CoS has been used (well, in fact the applicant was refused a visa, but CoS has been used anyway) in September 2013, and now on SMS we have the following: "Limit: 1", "Assigned to date: 1", "Remaining: 0".

We need to apply for another CoS in December 2014 or January 2015.

What shall we do - request renewal of annual CoS allocation now, before 5th April, or can we just leave it until end of this year? Would there be any problem of getting a CoS at the end of the year or in the beginning of 2015?

Please help.

[manci]

The company can apply for an unrestricted CoS allocation for 2014/15 any time.

[talktonight]

The company can apply for an unrestricted CoS allocation for 2014/15 any time.

Thank you.

So once applied and successfully received an allocation, company can issue CoS to the employee any time after receiving it, but no later than 5th April 2015?

[manci]

yes, that is correct, but keep in mind that a CoS must be used within 3 months of the assignment date

[talktonight]

yes, that is correct, but keep in mind that a CoS must be used within 3 months of the assignment date

Yes, I remember about 3 months, thank you very very much!

There isn't any annual limit for unrestricted CoS, right? Shouldn't be a problem getting on towards the end of the year? There's annual limit for restricted CoS only, if I'm not mistaken.

[manci]

no annual quota for unrestricted CoS allocations

[fastian]

no annual quota for unrestricted CoS allocations

Hi Manci, as stated above that there is no annual quota for unrestricted CoS. Does that mean 'X' number of unrestricted CoS can be requested anytime during the year or they can only be requested once a year, i.e. at the time of renewal.

kind regards,
-AA

[manci]

no annual quota for unrestricted CoS allocations

Hi Manci, as stated above that there is no annual quota for unrestricted CoS. Does that mean 'X' number of unrestricted CoS can be requested anytime during the year or they can only be requested once a year, i.e. at the time of renewal.
an increase in the allocation of unrestricted CoSs can be requested by the sponsor through the SMS any time during the "CoS year" (April to April)
kind regards,
-AA

[fastian]

Thanks Manci for a quick response.

[North Pole]

Hi Manci,

Please can you help with the below request...

My company got their license in sep 2011 and they issued me a unrestricted cos which i applied with and got my visa for 3 years until nov 2014.

Q1. My question is does this allocation of unrestricted cos get renewed every year automatically or is it something that company has to do every year. (Say there will be annual no of unrestricted cos allocation?)

Q2. I am the only one in the company to be sponsored tier 2 g, so by my guess they only would have requested for one cos issued during 2011. Do i need a new cos now for my extension?

Q3. And if they haven't got any cos left now, If the company has to apply or renew for unrestricted cos, how long does this usually take to get the allocations? Is there a way we can ask for urgent cos to be allocated?

Thanks in advance!

[manci]

Hi Manci,

Please can you help with the below request...

My company got their license in sep 2011 and they issued me a unrestricted cos which i applied with and got my visa for 3 years until nov 2014.

Q1. My question is does this allocation of unrestricted cos get renewed every year automatically or is it something that company has to do every year. (Say there will be annual no of unrestricted cos allocation?)
the company has to request an allocation for the year when they need it. The year is April to April

Q2. I am the only one in the company to be sponsored tier 2 g, so by my guess they only would have requested for one cos issued during 2011. Do i need a new cos now for my extension?
yes

Q3. And if they haven't got any cos left now, If the company has to apply or renew for unrestricted cos, how long does this usually take to get the allocations?
usually up to 2 weeks, they have to request it online via the SMS

Is there a way we can ask for urgent cos to be allocated?
no, but if your visa only expires in Nov there is sufficient time.

Thanks in advance!

[fastian]

Hi manci a quick one for you

my company has assigned me the certificate, is there any way that we can amend the details on the certificate for example start date, end date, salary?

I've got another question which is regarding ilr after 2016, as you know there is a requirement of £35k. Is there any specific period that you should be earning this before you can apply for ilr?

[manci]

Hi manci a quick one for you

my company has assigned me the certificate, is there any way that we can amend the details on the certificate for example start date, end date, salary?
they can make amendments by way of a sponsor note but not after you obtained your leave, i.e. not after the CoS has been "used".

I've got another question which is regarding ilr after 2016, as you know there is a requirement of £35k. Is there any specific period that you should be earning this before you can apply for ilr?
no, the 35k salary is only needed at the time of the application, you'll have to submit your last payslip as proof

[fastian]

Thanks a lot for your response manci. Is this information specified somewhere,

35k salary is only needed at the time of the application, you'll have to submit your last payslip as proof

All I have found regarding this is on the following link: https://www.gov.uk/government/uploads/s ... ndix_I.pdf

I am not sure, I could be mistaken, what I understand is that £35k should be on applicant's last grant of leave "CoS".

Is that correct?

[manci]

Thanks a lot for your response manci. Is this information specified somewhere,

35k salary is only needed at the time of the application, you'll have to submit your last payslip as proof

All I have found regarding this is on the following link: https://www.gov.uk/government/uploads/s ... ndix_I.pdf

I am not sure, I could be mistaken, what I understand is that £35k should be on applicant's last grant of leave "CoS".

Is that correct?

from the linked document:
The appropriate rate or gross annual salary as set out in paragraph 245HF(d)(ii)(2) will be based on the applicant's gross annual salary to be paid by the Sponsor, as recorded in the Certificate of Sponsorship

the employer can only pay you the salary stated in the CoS + normal annual increases and bonuses. If you are promoted but the promotion doesn't require a change of employment application, i.e. the job SOC code remains the same, then if your salary increases beyond what is considered a normal annual increase then this has to be reported via the SMS but should otherwise not present a problem.

[fastian]

Thanks manci

[JSmith3033]

Hi Manci & talktonight,

I had a similar question on unrestricted CoS allocations. I'm trying to convince my potential employer that as someone entitled to an unrestricted CoS, they don't need to worry about using up their "CoS allocation" because they can always apply for more.

Marci, would it be possible to tell me where on UKBA you found information about a company's ability to apply for more unrestricted CoSs. It would be so very highly appreciated!

Thank you very much if you respond!

[manci]

@JSmith3033
the way for sponsors to apply for additional unrestricted CoS allocation(s) is described on p37:
https://www.gov.uk/government/uploads/s ... icence.pdf

[HamzaBin]

This is all very helpful, I have tricky question on the same topic.

My employer submitted the request for renewal of CoS allocation and as a reason of request my employer mentioned that it is to potentially hire a new migrant employer.

Now this Allocation of unrestricted CoS was not used. Is it possible for my employer to use this allocation to assign this Unrestricted CoS to me for my VISA extension application?