Tough Tier 2 situation due to failed application from new company.

[colza]

I first have to express my huge gratitude to this forum and everyone who is here willing to help each other.

My situation
I am a Tier 2 worker and have been here for three years. My visa is going to expire on 2nd/June. My original company is not extending it and I applied for jobs and got an offer in April. They applied the Tier 2 application but on 22nd/May, they told me it was refused because Home Office didn't pass their 1-month job advertisement. And the company told me that they're not going to re-submit it.

Very tough for me because I have literally no time to 2nd/June. I relaunched my job seeking immediately and there are some interviews going on.

My question is.
1. Can I apply for a grace period by proving the evidence that it's not I'm not aware of the deadline or didn't find the job, it's the visa application got rejected because of the company's job advertisement failed.

2. Does it help if I ask the company to re-submit the application in order to give me a bit more time to stay in the U.K. As I'm aware, if the application re-submitted, I will not be considered as an overstayer. Am I correct on this one? I desperately need more time even I choose to leave.

3. Followed by the point2, if the application re-submitted and I can stay until the new result is returned from the Home Office. During this period of time, can any other company send out my Tier 2 application if they want to hire me?



I'm really sorry about this tough situation. I really appreciate any advice or direction. I will try to keep my faith.

Thanks again.

[CR001]

1. Can I apply for a grace period by proving the evidence that it's not I'm not aware of the deadline or didn't find the job, it's the visa application got rejected because of the company's job advertisement failed.

The visa was refused so nothing you can do really if the company failed the RLMT. On what websites did they advertise and for how long did they advertise? There is no 'grace' period in the circumstances you describe and claiming ignorance of 'deadlines' is irrelevant.

2. Does it help if I ask the company to re-submit the application in order to give me a bit more time to stay in the U.K. As I'm aware, if the application re-submitted, I will not be considered as an overstayer. Am I correct on this one? I desperately need more time even I choose to leave.

You can only apply again IF they have completed the full and proper RLMT process, which they clearly do not have enough time to do and issue you a UCoS. It will be an almost instant refusal if you apply again.

3. Followed by the point2, if the application re-submitted and I can stay until the new result is returned from the Home Office. During this period of time, can any other company send out my Tier 2 application if they want to hire me?

You have to withdraw your UCoS as you cannot have two CoS assigned to you or two applications submitted at the same time to HO.

[colza]

Thank you very much. Very appreciate your advice and explanation. It helps me a lot.

I will try to get back to the company to see whether the RLMT is updated and they can submit the application again. They submitted the application on 13th/April and received the rejection on 22/May. They didn't tell me why the RLMT was failed. I will ask them this and see whether the status is changed.

I really don't want to leave a record of overstaying in the U.K. I really like this place and expect to come back. I think I will still submit the application again if the company doesn't mind doing it, even it's going to fail immediately.

Please forgive me asking two more questions. I'm really sorry about this.
1. I see there's a case about the 14 days grace period.

the Home Office will disregard a period of overstaying provided you apply for a new visa, or renewal of your existing visa, within 14 days of your previous visa expiring and that you can evidence ‘good reason’ for having overstayed your visa permission.

I believe from what you described, I'm not qualified for the good reason. Am I correct on this one?

2. If the company submit my application again, before the result is returned, I will not be considered as an overstayer. During this period of time, if there's another company apply sponsorship for me and every part of the application has no issue, can this application pass or will it be failed because HO considers I can only have that re-submitted application.


I really apologise again I ask these two questions. I started to mentally prepare for leaving the U.K soon. Again, really appreciate all the advice and directions you provide. Thank you.

[CR001]

[I will try to get back to the company to see whether the RLMT is updated and they can submit the application again. They submitted the application on 13th/April and received the rejection on 22/May. They didn't tell me why the RLMT was failed. I will ask them this and see whether the status is changed

Not sure what they have applied for, UCoS or your actually VISA application, which you need to do through UKCVAS. The company cannot do that part for you.

I really don't want to leave a record of overstaying in the U.K. I really like this place and expect to come back. I think I will still submit the application again if the company doesn't mind doing it, even it's going to fail immediately.

You need to explain exactly what they applied for as it is not clear from your post.

1. I see there's a case about the 14 days grace period.

the Home Office will disregard a period of overstaying provided you apply for a new visa, or renewal of your existing visa, within 14 days of your previous visa expiring and that you can evidence ‘good reason’ for having overstayed your visa permission.

I believe from what you described, I'm not qualified for the good reason. Am I correct on this one?

The 14 days grace period is there for exceptionally compassionate reasons why you cannot apply in time, i.e. you were in an accident or hospitalised for example. The sponsor failing RLMT is not one of them.

2. If the company submit my application again, before the result is returned, I will not be considered as an overstayer. During this period of time, if there's another company apply sponsorship for me and every part of the application has no issue, can this application pass or will it be failed because HO considers I can only have that re-submitted application.

You would need to get your employer to withdraw the CoS before a new CoS can be assigned to you to apply with another sponsor.

[colza]

Thanks again for the reply. Again, I really appreciate.

Sorry, I should make it more clear. It's the cos they're applying for. And something odd is it's the Restricted cos rather than UCoS. The company told me they are not granted for unrestricted certificates. That's why it takes so long for the Home Office to process it. But I am already a Tier 2 worker and I shall apply for UCoS because it's a Tier 2 transfer. This part really puzzles me.

They didn't provide me with any detail of why it's failed. I have sent them a mail to ask for it. I just realised it's quite important to know the nuance after reading what you said. Really appreciate it. I really want to know more detail about it and don't want myself to leave this as an unknown.

With regards to the last question, if another sponsor submits a new CoS application for me and the original employer withdraws their Cos application, will I be eligible to get the new one from the new company? What I'm afraid of is that my "visa has expired" status will in the end still not allow me to get the new CoS.

I really hope this is going to be my last question and I have to express how giant the gratitude I hold towards your help. I'm so stressed and desperate. Your answer really helps me a lot. Although the answer looks like I'm definitely gonna leave the U.K, you still drag me out of the mud of uncertainty. It's really like hell living in the uncertainty.

Thank you again. I wish you all the best and luck. Thank you. Thank you.

[CR001]

RCoS will fail for a migrant applying within the UK. They should have requested UCoS allocation as a priority from HO.

Note that you need to apply for a VISA before your current one expires. Being assigned a CoS, if you can get one, is not sufficient. A CoS does not 'extend' your stay. Only an IN TIME visa application does that.

[colza]

Thank you. Thank you again.

I’m pretty sure my company applied RCoS. Apparently they submit the wrong one and probably this is one of the reasons it was failed.

It’s also my fault that I fully trust them and didn’t familiar with the law by myself. I should be aware of this.

And thanks for the further note. Apparently, I also misunderstood it. I not even have the CoS yet. This also means, the application can not be submitted again because it’s still just a CoS application and not a Visa application. Am I understanding it right?

I was thinking if the company submit the CoS application again, during the processing time, I will not be considered as overstayer.

Looks likes I’m wrong, because that rule is applied for Visa application, not for CoS application. Is this correct?

Thank you very much. I think it’s also not enough time for me to get new CoS from any possible employer.

I believe what I can do right now is to pack my packages and leave the U.K as soon as possible.

Thank you. I really appreciate for all your help and clarification. This really dragged me out of my extreme anxiety. I wish I could buy you a Coffe or beer. I’m not exaggerating it, at this desperate moment, you really are the one give me feel warmth and power. Thanks again very much.

I will still love U.K.