To wait, or not to wait?

[Free.Falling]

Hello forum members,

I've looked through many (if not all) threads here but I couldn't find one that would help resolve my situation. Though I have found bits of useful info here and there.

So my case is that I am a doctor working on T2G for the last 7 months. My contract ended with my employer and my current T2 sponsor which is a hospital Trust, and now my visa is just about to expire (in 4 days time). But only two days ago I was offered a job by another hospital Trust.

Now I understand that I need a change of sponsorship, and my new employer will be obtaining a new CoS. I have also become aware that I would be able to apply for a new visa within the UK.

My question really is; with 4 days left in my visa expiry, is it advisable for me to (over)stay and wait for the CoS to come through so then I could submit my Tier 2 application? Doing this is essentially saving me from making a trip back home, the cost of which ofcourse I will have to incur.

Appreciate any suggestions.

[Lucapooka]

When will the new COS be available? From 1 October any application for leave to remain where the applicant's leave has expired by more than 28 days will be refused.

If apply from outside the UK you can't re-apply for Tier 2 within 12 months:
(g) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time.

[Free.Falling]

Thanks Lucapooka. I went back to reading guidance on sponsorship and T2G after reading your response.

Apparently there's more to it. I would automatically fall into the "cooling off" period, the 12 month period you mention, as soon as my current visa expires.

The CoS I require will be an "unrestricted" one, which from the looks of it, shouldn't at all take long. It is something the sponsor has already got on it's Sponsorship Managment System (SMS) account, and doesn't need Home Office approval. I will just need to check with the sponsor now how soon they can do this for me.

[Lucapooka]

Cooling off does not apply to leave to remain applications.

[david1955]

Hello forum members,

I've looked through many (if not all) threads here but I couldn't find one that would help resolve my situation. Though I have found bits of useful info here and there.

So my case is that I am a doctor working on T2G for the last 7 months. My contract ended with my employer and my current T2 sponsor which is a hospital Trust, and now my visa is just about to expire (in 4 days time). But only two days ago I was offered a job by another hospital Trust.

Now I understand that I need a change of sponsorship, and my new employer will be obtaining a new CoS. I have also become aware that I would be able to apply for a new visa within the UK.

My question really is; with 4 days left in my visa expiry, is it advisable for me to (over)stay and wait for the CoS to come through so then I could submit my Tier 2 application? Doing this is essentially saving me from making a trip back home, the cost of which ofcourse I will have to incur.

Appreciate any suggestions.

ask your employer to request urgent treatment to UKBA, as currently it is taking 2/3 months to get unrestricted COS.

If you dont get the COS in time, i would recommend you to submit your application to UKBA before your visa expires, AND request them to hold your application till you get COS, as this is been a delay from UKBA end.

Hope this helps

[Free.Falling]

Thanks.

I have the CoS now.

Lucapooka, I see your point now, as below:

521. If a migrant’s leave lapses, or expires whilst they are not in the UK they will not be able to re-enter the UK unless they make a successful further application for leave which must be supported by a new CoS. In addition there are certain restrictions that apply:
a) If a Tier 2 migrant’s leave expires or lapses whilst they are not in the UK, they cannot apply again under any category of Tier 2 for a period of 12 months after the date their leave expired or lapsed.

But does this mean that I can make a leave to remain application beyond the date of expiry? And no penalties will be incurred?

[Lucapooka]

You are citing the sponsor guidance rather than the applicant guidance, but the sentiment is the same as the paragraph I previously cited from the applicant guidance. In the past, it has been permitted to apply for leave to remain as PBS migrant in situations where the applicant does not have extant leave. However, the rules are changing in October and overstayers will not be permitted. If you can get a COS before October 1, when the new rules are introduced, you should be safe to apply inside the UK. But it's not like you have a choice as the alternative is to leave and then wait 12 months.

[ashu.doc]

Hi everyone
My COS was issued on 7 aug and I am going to apply in few days, but having some problems in application like not getting any appointment. My leave is expiring on 30 sept, if I get any appointment after few days of 30 sept say 15 oct, will it be count as overstay and this new rule of 28 days which is starting after 1 oct, will it apply to my case? or is it for the COS issued after 1st oct only?