What stage UKBA confirms resident labour market test passed?

[suriips450]

Hi ya,

I am wondering at what stage UKBA confirms that resident labour market test is valid/passed (I mean at COS generation stage OR at visa application process stage)?

My prospective Employer has advertised a job on jobcentre plus on 9th Dec without closing date on it, realised and emailed jobcentre plus to edit advert and add closing date on it. Then advert went offline between 13th & 16th of Dec and came LIVE on 17th of Dec with closing date on it and now posting date changed to 17th Dec. HR still confident that 9th is starting date. She has also done second advert. With view of above dates and issues, UKBA will still validate it as passed by 6th Jan?

How many days does UKBA takes to approve CoS for a job requires resident labour market test?

Thanks

[Jeeves]

Nothing is checked when the CoS is assigned and it's unlikely to be an issue with the visa application - but if UIKBA inspect the sponsor (which they will do, at some point) then it may be a problem.

[manci]

It is a requirement to have a closing date in an ad , see para 299 of the sponsor guidance. Assume that the starting date was 17 Dec, don't risk problems later

[suriips450]

Many thanks for an advise Jeeves and Manci.

Mine and my Wife's present leave curtailed to 10/01/2014, hence without being aware that when I have live CoS another sponsor can't assign me second CoS, to be safe side I have already taken and kept a CoS from contracting type sponsor whilst waiting for permanent job sponsor conducting RLMT.

Because of no closing date on the advert posted 9th Dec , as per UKBA requirements advert is only valid from 17th Dec which will complete 28 days after 10/01/2014 And I should make application on or before 10/01/2014.

To be safe side would you advise me to use present CoS and post both of our applications asap and by the time second CoS generation time (it will be after 8/1/2014) system will allow them to assign it?

If I ask my contracting sponsor to withdraw CoS without making application and then if that permanent job hr say sorry apparently advert is not valid from 9th Dec because of no closing date hence you will have to wait few more days then it will cost me 2.6 years of my life time as I will lose continuous 5yrs to settlement under Tier 2.

My fear 2 is that if HR successfully generates CoS, what if they refuse my visa application on the grounds of not valid advert. On the other hand currently closing date of advert is 6th jan, hr said I will then quickly pro cess other applications for you before 10th.


I much appreciate your advice. Sorry about too much wording.

Many thanks

[manci]

although up to 28 days overstaying would be disregarded both for the grant of leave and the ILR application the safest way to proceed would be to

a) apply for leave with your present CoS before the end of the curtailment period - your present CoS would then be "used" and you would not become an overstayer although you would not be able to start work until your application is approved by the HO

b) if the prospective new employer assigns a CoS to you based on the RLMT advertising process that ends 28 days after 17 Dec, and provided no decision has been made on your leave application by this time, you can VARY your application. If a decision has already been made you would need to make a NEW application (and pay the fee again).

[suriips450]

Hi Manci,

I am very grateful to you for quick and very valued reply.

I will go ahead and post both application forms for us.

Regarding that VARY, SMS will allow second sponsor to assign second CoS whilst they are processing my present application? To report vary to Ukba whilst processing first one, can I just write to them a letter with new CoS reference or do I have to fill new application form and send it along with letter? In the meantime do I have to ask first sponsor to withdraw?

I much appreciate your valuable time and advise.

Many thanks

[manci]

Hi Manci,

I am very grateful to you for quick and very valued reply.

I will go ahead and post both application forms for us.

Regarding that VARY, SMS will allow second sponsor to assign second CoS whilst they are processing my present application?
yes but only if the first application has been decided because then the first CoS will have been "used". Otherwise, i.e. if the first application has not yet been processed, the first CoS would have to be withdrawn because there can be only 1 live CoS at any one time.

To report vary to Ukba whilst processing first one, can I just write to them a letter with new CoS reference or do I have to fill new application form and send it along with letter?
complete a new application and send a covering letter explaining that you wish to vary the first application. Note that you can only vary the first application if the HO made no decision on it at the time

In the meantime do I have to ask first sponsor to withdraw? [see above

I much appreciate your valuable time and advise.

Many thanks

[suriips450]

Many thanks again Manci. So grateful to you.

Seems like I will have to pay twice as if HO used 1st CoS that means they may have made the decision as well and will NOT accept variance BUT I will definitely give it a go as you advised.

I expect I will have to ring HO to find out whether the decision is made or not when I receive 2nd CoS.

I now have a challenge of nicely asking HR Manager to advert for another week after 6th Jan OR to get hold off jobcentre plus to change the posting date to 9th Dec instead of 17th Dec as it was their FAULT taking nearly 5 days to amend advert with closing date and put in pending unnecessarily when HR tried to chase them up to get that done ASAP.

Thank you so much for your help Manci.

[manci]

you would have a better chance of the HO not making a decision on the first application by the time you submit the second, which would enable you to vary the first, if you delayed submitting the first application until immediately before the expiry of your leave

[suriips450]

Many thanks for that Manci, I will post it immediately before present leave expires.

HR Manager will be back 6th of Jan, I will mention all to her as well and request her to advert for another week with new closing date on and then generate CoS. (then ad is in two stages: 3 weeks of 1st stage and 1 week of second stage)

I much appreciate your help.

Thanks

[suriips450]

Hello Manci,

Hope you had a good Christmas. Sorry for the trouble again, couple of questions if that's okay?

1. Should I have to fill in payment details section in the VARY (second) application form when sending it to HO before decision making on the first application?

2. I have had following visas, any grounds that I can apply for Settlement now? :
Student visa (Entry clearance): 25/08/2006 to 31/01/2008
IGS (Entry clearance): 01/04/2008 to 01/04/2009
Tier 1 PSW (Entry clearance): 01/10/2009 to 01/10/2011
Tier 2 General (Leave to Remain): 22/07/2011 to 18/07/2014 (Change of empl in 07/12, Employer insolvent)
Tier 2 General (Leave to Remain): 30/07/2012 to 12/07/2015 (now require change of empl again due to sponsor withdrawn their license)

I much appreciate your advise.

Many thanks

[manci]

1
I have no direct experience but write a covering letter explaining that this is an application to vary your earlier application and that the fee has already been paid - assuming that the HO has actually taken payment for the first application by that time and that the same fee applies to both applications
2
not before 2016

[suriips450]

Okay Manci, Many thanks for that!

[suriips450]

Hello Manci,

Hope you are well. New year greetings- wishing you a very happy new year.

I have posted mine and my Wife's visa applications to HO on 9th Jan. HO had taken payment out of my card this Morning. Sorry for the trouble again (I know its hard to remember everyone's case that you help), my new sponsor will be going ahead to generate CoS tomorrow or Wednesday, would Sponsorship Management System (SMS) allow them generate CoS without any problems as I have a live CoS with HO?

If CoS generation is successful, when I send variation of application form, HO won't say like you have to ask your first sponsor to withdraw CoS, would they?

I much appreciate your advise.

Many Thanks

[manci]

Did you post your second application (on 9 Jan) without having a second CoS?

if the CoS in the first application hasn't been "used", i.e. if your application hasn't been processed yet, then the second CoS will not be accepted. There can only be 1 live CoS at any time.

Read para 242-244
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[suriips450]

Thanks for getting back Manci.

No. I have posted 1st application on 9th Jan with 1st CoS which was generated 11th Dec.

2nd CoS due to be generated tomorrow or Wednesday and I didn't make 2nd Employer aware of my current live CoS as I didn't want them to confuse.

Obviously I am hoping for no problems when generating 2nd CoS hence I won't have to explain all this to new Employer or ask them to wait until system allow them to generate.

Any idea how long HO takes to mark 1st CoS as used from date of application please? Processed meant decision made on the application?

Many thanks for your help.

[manci]

Obviously I am hoping for no problems when generating 2nd CoS hence I won't have to explain all this to new Employer or ask them to wait until system allow them to generate.

Since you already have 1 live CoS there are going to be problems with the 2nd CoS, in fact you cannot have a 2nd CoS. This may show up at the time when they try to generate the second CoS or later. You need to follow the procedure in para 242 of the T2 policy guidance (link given in earlier post, see above)

A3. What should you do if you do not want to take up the job you have been
sponsored for?
242. If you do not want to take up the job because you want to work for a different sponsor,
you must ask the sponsor to withdraw the Certificate of Sponsorship. You must contact the
sponsor in writing or by email and give it five working days to withdraw the certificate.

The 1st sponsor can withdraw the 1st CoS online through the SMS

[suriips450]

Many thanks for your help Manci. I will update here again about progress.

Thanks

[Azbill666]

Hi
I am on Tier 2 general and soon i will move to new Job and need applying visa again.
My question;
I am confuse after reading posts here, my new employer before applying for new sponser letter, should i inform my current employer to withdraw my live COS?
but on this post it is also mention that do not inform your current employer until u get new visa ?
Please guide when and how to inform current employer, if i dont ask for withdrawing my cos, my new CoS will get generated?
Please guide

[manci]

Hi
I am on Tier 2 general and soon i will move to new Job and need applying visa again.
My question;
I am confuse after reading posts here, my new employer before applying for new sponser letter, should i inform my current employer to withdraw my live COS?
no, you don't have a live CoS any more, it has been "used".

but on this post it is also mention that do not inform your current employer until u get new visa ?
this is advisable because if your new visa application is refused for whatever reason you may lose your current job


Please guide when and how to inform current employer, if i dont ask for withdrawing my cos, my new CoS will get generated?
only inform them once you have your new visa. Make sure that the work start date in the new CoS allows sufficient time for you to give notice. You can continue working for your current sponsor until the work start date in the new CoS. Use the premium/priority service for the visa application.

Please guide

[Azbill666]

Thank u manci
Thats very useful info u gave me and great peace of mind
Is there any timeframe for employer to apply for Cos after doing RMLT/ Job advertised, then they took time to reviews CV's, called the candidates for initial interviews & then short listed for final interview done by seniors and place assigned to non Eu immigrant.
So they have to apply for sponser letter.
Company already have a tier 2 licence.
After advertisement closing date they took nearly 2 and half months in offering the place. Now HR admin work in process and then final stage is COS and contract.
Question is; according to home office laws does employer have any time duration in which they must have to apply for COS after offering the job.

[manci]

Thank u manci
Thats very useful info u gave me and great peace of mind
Is there any timeframe for employer to apply for Cos after doing RMLT/ Job advertised, then they took time to reviews CV's, called the candidates for initial interviews & then short listed for final interview done by seniors and place assigned to non Eu immigrant.
So they have to apply for sponser letter.
Company already have a tier 2 licence.
After advertisement closing date they took nearly 2 and half months in offering the place. Now HR admin work in process and then final stage is COS and contract.

Question is; according to home office laws does employer have any time duration in which they must have to apply for COS after offering the job.
they can assign the CoS any time within the validity of the RLMT which is 6 months

[Azbill666]

Hi Manci
After a long long wait, compqny sent me email yesterday as below
"I’m writing to update you in regard to Visa process. After lengthy discussions with Job Centre Plus and our Shared Service HR team, we have been informed that the role did not appear on the Job Centre website, despite the fact that it was sent for display, as instructed by me on 24th December. It has not only been this position affected but all Company roles, advertised post 16th December 2014. This means that Company has not adhered to Resident Labour Market Test for this role and we are unable to apply for Sponsorship until the role has been re-advertised for 28days continuously on Jobcentre Plus Universal Jobmatch. This has been confirmed by our solicitors.

I apologise for the continued delay, we are on getting this rectified as soon as possible."
Thats a big joke, they offered me position
Then they readvertised position and got 40 Cv' they shortlisted 6 including myself
And reinterviwed me again 3rd time. Place offered to me and they said we will apply for ur sponsore letter. After 20 days emailed that advert don't uploaded.

[Azbill666]

3rd time two different managers interviewed me.
On company website job was allready advertised but without closing date. How its possible all new cv's only come from one source and they did not check why non of the cv comes through job centre link.
I dont know what can i do now. I am in big stress, can any one suggest me please