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In-country application while one is in progress

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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asp87
Newly Registered
Posts: 2
Joined: Mon May 09, 2022 2:52 pm
India

In-country application while one is in progress

Post by asp87 » Mon May 09, 2022 3:03 pm

I submitted an in-time application for leave to remain (skilled worker route) in the UK. However, I have not booked an appointment as I await a decision on my ATAS, which is now required to continue in my current job as per the new rules wef. May 2021.
I am now offered another job which does not require ATAS. The new employer will give the CoS after their pre-employment checks. Can I submit another Leave to Remain application with that, while the first one is still in progress?

I'll be happy to provide any further details, if needed.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: In-country application while one is in progress

Post by manci » Mon May 09, 2022 4:07 pm

asp87 wrote:
Mon May 09, 2022 3:03 pm
Can I submit another Leave to Remain application with that, while the first one is still in progress?
No, you can only have one immigration application in progress. If yoi submit a second application it will vary (supersede) the first application.
Personal opinion, not professional or legal advice

asp87
Newly Registered
Posts: 2
Joined: Mon May 09, 2022 2:52 pm
India

Re: In-country application while one is in progress

Post by asp87 » Mon May 09, 2022 4:51 pm

manci wrote:
Mon May 09, 2022 4:07 pm
If yoi submit a second application it will vary (supersede) the first application.
Does that mean I can submit another application which would render the first application invalid?
In that case, that may have implications on my right to continue working for my current employer. Is that correct?

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: In-country application while one is in progress

Post by ywlgy » Mon May 09, 2022 9:17 pm

You cannot have two CoS assigned to you at the same time. You will need to ask your current employer to withdraw your CoS (which is not used because the case is not decided) before the new employer can assign theirs to you.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

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