Variation of Tier 2 General Change of Employment advise plz?

[suriips450]

Hi,

I have applied for Tier 2 General change of employment 10 days ago by post, now I have received new job offer with new CoS. I am planning to write and send "a variation of initial application form, fill in another visa application form accordingly and Migrant change of circumstances form". The next day when UKBA recevied variation of application, then I am planning to write by an email to first sponsor to withdraw their CoS. I would be very grateful if you can please clarify below questions?

1. Am I allowed to use Migrant Change of Circustances form in this case?

2. Shall I just send Variation of application (letter) and new application form AND ignore sending MCC (Migrant Change of Circumstances)?

3. Will I be safe if I ask 1st sponsor to withdraw CoS when UKBA received my variation of application form?

4. Are there any problems in above way of doing?

I much appreciate your advise.

Thanks

[manci]

the change of circumstances form is only for changes in personal details, contact details, etc. - it is not relevant to what you are planning to do.

You need to complete a new grant of leave application form and send it with a letter explaining that you wish to vary your earlier application.

However, you cannot have two live CoSs at the same time (the HO will find out soon enough if you do) and the earlier one must be withdrawn before your application for variation can be processed.

[suriips450]

Hi Manci,

Many thanks for your help. I will send a variation cover letter and new grant of leave form as you advised.

In variation cover letter I am stating that "in the mean time I am writing to 1st sponsor to withdraw their CoS". I am being cautious there as I don't want HO refuse my 1st application if I 1st withdraw 1st CoS and by the time they receive variation. I hope this is acceptable?

Thanks

[manci]

read para 242-244 in the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[suriips450]

Thanks Manci.

Please could you advise where should I post variation letter and grant of leave (Durham or Sheffield)?

Thanks

[manci]

grant of leave applications have to be sent to Durham but as it is a variation no harm sending a copy to Sheffield

[suriips450]

Many thanks for that Manci

[suriips450]

Can someone share their knowledge or advise me please?

Posted change of Employment Tier 2 General application on 09/01/2014 to Durham,
Received Acknowledge and Biometrics letters on 16/01/2014,
Posted VARY of that application with new grant of leave application & cover letter on 23/01/2014 to Durham,
HO charged me AGAIN for vary of grant of leave application on 27/01/2014,
I had given Biometrics at postoffice on 27/01/2014,
Received acknowledge letter for my second application (which is a VARY but they haven't stated in the letter as it's a variation) on 28/01/2014,
Received Biometrics letter AGAIN 31/01/2014 (dated 28/01/2014).

Does that mean HO made decision on my application dated 09/01/2014 by 24/01/2014? (I didn't even attend for biometrics before sending VARY!!)

Is there a way that I can get to know if they had already made decision that quick?

Can I still hope Durham administrator charged my card as part of initial process without reading cover letter where I had written "I am sending Variation of application before decision made" and they will refund when they realise?!!

Why didn't they state on my second acknowledge that we have received your variation of application instead of T2G application.

Shall I ring HO Monday and ask what is going on? Shall I put in writing and send it to Sheffield HO as well?

I will be more thankful for an advise. Many Thanks

[manci]

there seems to be some mix-up between the original application and your request to vary it. The HO should refund what they have taken from your card the second time. Also, there shouldn't have been 2 invitations for biometrics

Try to call the HO to sort it out.

[suriips450]

Many thanks for an advise Manci.

I have just sent a fax to HO on 01142072906 requseting to solve the problem of "considered as 2nd grant of leave application when I applied for Variation with a cover letter with clear statement".

I will ring HO Monday Morning to fix the problem.

Thank for your help.

[suriips450]

Hi Manci,

Problem sorted out. Spoke with HO that particular team Manager. By the way, their fax number is 01142075851.

Thanks for your help.

[suriips450]

Hello,

My visa application is successful (variation), received biometric cards for myself and one dependant on Friday.

My BRP card is valid until March 2016 BUT my dependant's BRP card is valid until March 2017. Reported an error to HO by BRPError email address and received a reply stating their records showing as that date is correct and I will have to contact caseworker to dispute.

I have been on Tier 2 General since July 2011 (before that Iwas on Student, IGS and PSW visas), please could you advise me that, is there any legal restriction for caseworker to give me validity until 2016 only instead of 2017 (BUT COS is valid for 3 years and in general dependants visa should run until main applicant's visa runs)?

I am going to ring HO tomorrow Morning.

I much appreciate any advise on this

Many Thanks

[manci]

it looks like another mistake by the HO. Your leave should be to 2017 as your dependants' leave if the CoS was for 3 years. You are subject to the 6 year cap but that also takes you to 2017, not 2016

[suriips450]

Releived, many thanks for confirming Manci.

I am grateful for your time and advise.

I will give HO a buzz in the morning.

Many Thanks

[suriips450]

Hi ya,

HO admitted that "valid until date" was an error, asked me to return my BRP card and will be sending new card with amended year on it.

Thanks

[suriips450]

Hi,

I would be grarteful for an advice on below.

HO agreed that my variation application had considered as 2nd application and agreed to process refund (this was on 04/02/2014 over phone). My variation was successful and received my BRP card.

Spoke with HO on 11/02/2014, asked about refund, they said it is in progress and you should receive shortly (I said shortly means is it couple of Working days? HO said "yes"), still not received.

Emailed them again as a reminder for refund on 19/02/2014, NO reply.

I am wondering if they process refund on the day of processing their Employees wages? I end up paying interest on my card!

I am thinking about wait until Friday Morning and ring them again, I appreciate any advice on this please.

Many Thanks

[suriips450]

Just spoke with caseworker regarding my variation application refund. He said he is going to fill the refund/exgratia form today and I still have to wait another 10 Working days and I already did wait for 19 working days (You can imagine what my feeling is now!! OMG!)