Unrestricted COS still not allocated (been 3 weeks)

[dependant101]

Hi
I am under the process of switching jobs and my new employer has applied for an unrestricted COS allocation mid-march. It is almost 3 weeks and the COS has still not been allocated.

I am told that they can only request urgent consideration if I have less than 3 weeks left on my current visa but my current visa expires next year.

Has anyone else experienced delays in COS allocations lately? Reading through the forums it seems that people have received their unrestricted COS allocation within 2 weeks.

What can I do?

Thanks!

[bholo]

Mine Is now 8 days
what date your employer requested
I have heard that it does comes within three weeks

[bholo]

I can understand your frustration
Did they also asked your employer what position it is for
I heard somewhere that 6th April is coming and
Quota Is going to be refreshed so we might get
One today- this is what my employer told me

Is your rlmt done?

I am in same boat as you with worst included scenario of redundancy

[dependant101]

Hi Bholo,
Yes, that's what I was hoping for... that their quota might be refreshed on 6th April. But I still haven't heard anything from them.

My RLMT was done after which they applied for my COS. They did mention that they had to provide my information for the allocation request.

Please let us know when you receive yours.

[bholo]

Basically I spoke to a friend shortly who got one yesterday and it took him 13 working days

All cases are different

In my case quota was finished and just like you I
Also applied at end month where there is any
Way shortage because limit is also less
And maximum people will be requesting
Unrestricted to apply before 6th April and
Specially those who want to avoid experience
Thresholds etc

I didn't asked my employer about rlmt but
A friend works there and he said they know
About it and don't ask them too many questions

Just like you I am also not chasing mine employer
Because that looks desperate

All I am doing is wait which is extremely frustrating

I know how half heartedly you must be working
On yiur current job. Have you given notice ?

[dependant101]

Yes, I have given notice which is why I am worried that it might become more than 60 days employment gap. Hopefully something might come through in the next couple of weeks! I will keep this thread updated.

[bholo]

Yes, I have given notice which is why I am worried that it might become more than 60 days employment gap. Hopefully something might come through in the next couple of weeks! I will keep this thread updated.

I will also keep the thread updated. Do not worry
About employment gap as it is all continous stay in tier tier and this time will be counted in tier 2 and for industry purpose we can say that it tool more time than usual for cos to be a located

[dependant101]

Bholo, the Guidance –ILR – calculating continuous period in the UK – v12.0 says:

Work permit holders must have been employed continuously in the UK throughout the five
years, under the terms of their work permit, or in the employment for which they were
granted leave to enter or remain. However, you must not consider the continuous period to
be broken provided that during a break in employment, they applied within 60 days of the
end of their previous employment for:
. a new work permit and/or leave as a work permit holder, or
. leave as an employee under any provisions of part 5 of the Immigration Rules

So basically you have to apply for a new visa within 60 days of your last day at your previous employer.

[bholo]

Bholo, the Guidance –ILR – calculating continuous period in the UK – v12.0 says:

Work permit holders must have been employed continuously in the UK throughout the five
years, under the terms of their work permit, or in the employment for which they were
granted leave to enter or remain. However, you must not consider the continuous period to
be broken provided that during a break in employment, they applied within 60 days of the
end of their previous employment for:
. a new work permit and/or leave as a work permit holder, or
. leave as an employee under any provisions of part 5 of the Immigration Rules

So basically you have to apply for a new visa within 60 days of your last day at your previous employer.

This is crucial to check with gurus
Because is this sixty days from your last
Day of employment or when your last employer
Informs home office. I left on 5th April but they
Will inform home office on 19th.

But hold on read again it says

Either the terms of your work permit or under
Employment for which you were granted leave

Till the time your curtail leave last day doesn't elapses you are still under the terms of your work permit

Yes your employment day gap might
go more than 60 days but you are continously
Under terms of your work permit and are staying
Legally

I can confirm with my lawyer but I am pretty confident that we will be under terms of work permit till last day of Xie tailed period and our continous period will not break

Happy for feedback from some guru

[bholo]

I am going to start a post
However lawyer says employment end date is taken
As the date when you recurve yiur curtailment letter
So this makes sense

[dependant101]

This is interesting. Let's see what others say.

[bholo]

Is your sponsor a rated or A Premium

Do they have more than 300 employee

Are you also changing the soc code?

[dependant101]

Is your sponsor a rated or A Premium

Just A rated

Do they have more than 300 employee

No

Are you also changing the soc code?

Yes

[dependant101]

Bhola, the ILR document also says:

Where an applicant’s continuous residence period includes time spent as a Tier 2 migrant or
a work permit holder, annual leave can include a short holiday taken on conclusion of
employment, if the applicant made an immigration application to work for a new employer
within 60 days of the conclusion of the previous employment.

So based on this, it's irrespective of how long your current permit is from what I understand

[vipesh]

Dear all,

My employer has applied for increasing allocation in December still we are waiting for decision.
it is for non- restricted CAS for applicant visa expire in mid of 2017.

When employer called, Home office says it can take 18 week to take decision.

Your opinion will be highly satisfied.

[bholo]

Have you received a letter of curtailment

18 weeks is a horribly long time and my
Visa might expire

Can they not mention urgency

[bholo]

I have called home office today and I have called rice and spoken to two different representatives and asked
Questing for our cases and answer are as follows

Even if you apply on last day of curtailment and
Get tier 2 you are still legal for ilr

Regarding unrestricted cos the standard processing
Time is 6 to 8 weeks with 70 percent of cases
Done in this time and they said u may get in
Three to four weeks however they do said
At max you should get in 8 weeks

I suggest the above poster who launched case
In December should follow up as there
Might be a problem. In the request or it
Needs to be expediated

[dependant101]

That's a relief to hear! What number did you call them on? I can't find a number anywhere!

[bholo]

03001232241

[dependant101]

Bholo, has your company applied again for allocation after 6th april?

[bholo]

I am not sure and I can't ask them this as they might think of me as nosey so just testing my patience and weeks waiting

I am so annoyed at this wait
Today exact 2 weeks
Not sure when will my cos come

[dependant101]

Bholo, I have received my COS today! Will be applying soon as well. I would recommend speaking to your employer if they have requested it again after 6th April as I believe all requests from mid-March to 6th April go straight to the bin (my assumption).

[bholo]

Has your employer requested it again after 6th April?

Yours have taken at least month and mine was requested by end of March so may be i need to wait til end of the month

[dependant101]

Yes they did.

[JoeLawerence2]

I have called home office today and I have called rice and spoken to two different representatives and asked
Questing for our cases and answer are as follows

Even if you apply on last day of curtailment and
Get tier 2 you are still legal for ilr

Regarding unrestricted cos the standard processing
Time is 6 to 8 weeks with 70 percent of cases
Done in this time and they said u may get in
Three to four weeks however they do said
At max you should get in 8 weeks

I suggest the above poster who launched case
In December should follow up as there
Might be a problem. In the request or it
Needs to be expediated

Hi Bholo,

Did the home office say there will be no issue with ILR continuous period if we apply before our curtailed leave ends? I am in a similar situation where I had an employment gap of 5 months or so but did not have my leave curtailed by home office. I am eligible to apply for ILR now, but am concerned about the ‘more than 60 days gap between employment’.