In-country or Out-of-country Tier 2 with restricted CoS

kikikirunna · Post by **kikikirunna** » Wed Sep 26, 2012 4:50 pm

Hi All,

I am in the UK under Tier 4 and will apply for Tier 2 general. However, my employer has applied for a restricted CoS, which is for applying from overseas. I confirmed this with them. They stated the unrestricted CoS is only for current employees. I called the UKBA premium line but the lady does not know the difference. So I explained. She told me that as long as I have a Cos and score points I can apply at any PEO. Is this correct?

Or my only option is to apply from overseas (although I am advised that it is much harder to get an out-of-country Tier 2 visa comparing with an in-country visa).

I want to apply at any PEO (still hunting for a slot every night) as this is my second Tier 2 application. My first one was posted and was withdrawn during the process (about a month after posted) because it took too long for the visa and that employer had the position filled. So I will definitely not apply by post again.

I spent lots of time for applying for jobs and attending interviews until I have been offered the second chance (although much less earnings). I do not want this chance to go away with the wrong information given on the phone (no evidence).

Your advices are highly appreciated.

Post by **manci** » Wed Sep 26, 2012 7:26 pm

You are eligible to switch from T4 to T2G in-country provided you satisfy the condtions for switching. See paras 17-12 of the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

The HR person you spoke with was mistaken. When switching to T2G you will need an unnrestricted CoS. Assuming you are eligible to switch ask to speak with a person who is responsible for managing the company's sponsorship system, such as the Authorising Officer or Key Contact and refer them to paras 240-241 of the sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The example given in 241 a) is your case (provided you are eligible to switch).

You can apply at a PEO but only after you have the CoS. You must of course score the required points. The application form is here:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

kikikirunna · Post by **kikikirunna** » Wed Sep 26, 2012 7:46 pm

manci wrote:You are eligible to switch from T4 to T2G in-country provided you satisfy the condtions for switching. See paras 17-12 of the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

The HR person you spoke with was mistaken. When switching to T2G you will need an unnrestricted CoS. Assuming you are eligible to switch ask to speak with a person who is responsible for managing the company's sponsorship system, such as the Authorising Officer or Key Contact and refer them to paras 240-241 of the sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The example given in 241 a) is your case (provided you are eligible to switch).

You can apply at a PEO but only after you have the CoS. You must of course score the required points. The application form is here:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

Thanks for your reply. I have asked the HR manager who confirmed that the only option for new hires is a restricted CoS. I even sent her the link explaining the difference (at the end of this page)
http://www.ukba.homeoffice.gov.uk/busin ... llocation/

However she replied that this is what they have always done and she cannot help with where can I apply. She will contact me again on the 16th after she hears back from the UKBA on the restricted CoS.

I know that if it is an unrestricted CoS I can apply at a PEO but not sure about the restricted CoS.

Thanks for all links. I know for sure I score the required points. This is my second Tier 2 application. My first one was the unrestricted CoS (switching).

Post by **manci** » Wed Sep 26, 2012 9:16 pm

The HR manager is just wrong. You could ask him/her to check with a professional immigration advisor or the UKBA employer helpline (0300 123 4699). You can also ring the employer helpline yourself, you don't have to give your name.

Re the link you provided:

the last para just says that a sponsor needs an allocation for the current year. If they don't have an allocation available for you at present they can apply for an additional allocation online using the SMS. See the sponsor guidance paras 180, 181, 185,

Further up the page:
............................
Migrants you wish to recruit who are already in the UK under another immigration category and who are allowed to switch into Tier 2 (General). This does not include dependants of migrants who are Tier 4 students.
These certificates are called unrestricted certificates of sponsorship.

btw - I take it you are the T4 migrant and not the dependant of a T4 migrant

kikikirunna · Post by **kikikirunna** » Wed Sep 26, 2012 9:25 pm

manci wrote:The HR manager is just wrong. You could ask him/her to check with a professional immigration advisor or the UKBA employer helpline (0300 123 4699). You can also ring the employer helpline yourself, you don't have to give your name.

Re the link you provided:

the last para just says that a sponsor needs an allocation for the current year. If they don't have an allocation available for you at present they can apply for an additional allocation online using the SMS. See the sponsor guidance paras 180, 181, 185,

Further up the page:
............................
Migrants you wish to recruit who are already in the UK under another immigration category and who are allowed to switch into Tier 2 (General). This does not include dependants of migrants who are Tier 4 students.
These certificates are called unrestricted certificates of sponsorship.

btw - I take it you are the T4 migrant and not the dependant of a T4 migrant

Thank you so much. I will call that number tomorrow.

smash · Post by **smash** » Wed Sep 26, 2012 10:16 pm

Hi Guys,

I am in a similar situation where I am on Tier 4 General category of a student. The company I work for is happy to sponsor me however because my course of study is not completed I cannot switch in country and will have to go home to apply on a restricted COS. The risk is if your Tier 2 on a restricted COS gets refused you won't have the option to appeal instead what you get is a system called judicial review which may not be good enough. Also in that case your Tier 4 will get revoked.

kikikirunna · Post by **kikikirunna** » Wed Sep 26, 2012 10:38 pm

smash wrote:Hi Guys,

I am in a similar situation where I am on Tier 4 General category of a student. The company I work for is happy to sponsor me however because my course of study is not completed I cannot switch in country and will have to go home to apply on a restricted COS. The risk is if your Tier 2 on a restricted COS gets refused you won't have the option to appeal instead what you get is a system called judicial review which may not be good enough. Also in that case your Tier 4 will get revoked.

Do you mean it is not possible to apply for Tier 2 in-country with a restricted CoS? I can switch as I completed my degree. It is just that the company only apply for a restricted CoS for all new hires.

smash · Post by **smash** » Sat Sep 29, 2012 12:08 pm

As far as my knowledge is concerned on a restricted COS you can apply on a out of country basis. I think you need an unrestricted COS to switch in country.

Post by **geriatrix** » Sat Sep 29, 2012 3:45 pm

Restricted CoS = only for entry clearance applications from outside the UK.
Unrestricted CoS = only for leave to remain applications from within the UK.

smash · Post by **smash** » Sat Sep 29, 2012 4:01 pm

Hi Moderator,

Does it mean even on a restricted COS I can apply within UK. My course of study for Tier 4 visa is not completed yet and I am in UK at the moment. My company suggested me that as I have not completed my course I will need to go back home and apply on a restricted COS. Is that correct. Please advise.

Post by **Greenie** » Sat Sep 29, 2012 6:15 pm

You cannot apply from within the UK with a restricted cos. Yes it is correct that if you have not finished your course (unless you are studying a PhD) you cannot apply from within the UK you have to apply from outside.

Is your job on the shortage occupation list or has your employer carried out the RLMT?

smash · Post by **smash** » Sun Sep 30, 2012 12:14 am

Hi there,

My job is not under Shortage Occupation Code, however my employer has completed RLMT and has applied for a restricted COS on 9/9/12 , however we have heard nothing more. I am just nervous as you know if my application gets refused on a restricted COS then I would not have a right to appeal as it is an out of country application and my current tier 4 would get revoked too. In that case I shall not be able to come to the country.

Please advise.

Post by **Greenie** » Sun Sep 30, 2012 4:23 am

smash wrote:Hi there,

My job is not under Shortage Occupation Code, however my employer has completed RLMT and has applied for a restricted COS on 9/9/12 , however we have heard nothing more. I am just nervous as you know if my application gets refused on a restricted COS then I would not have a right to appeal as it is an out of country application and my current tier 4 would get revoked too. In that case I shall not be able to come to the country.

Please advise.

what is your question?

smash · Post by **smash** » Sun Sep 30, 2012 9:42 am

Is it advisable to apply on tier 2 out of country application ? What are the chances of getting the visa considering the fact that I have not completed my course for which I was granted a tier 4 visa? In short will my tier 4 come into the way of obtaining a tier 2 just because I have not finished the course of study?

Post by **manci** » Sun Sep 30, 2012 1:44 pm

smash wrote:Is it advisable to apply on tier 2 out of country application ? What are the chances of getting the visa considering the fact that I have not completed my course for which I was granted a tier 4 visa? In short will my tier 4 come into the way of obtaining a tier 2 just because I have not finished the course of study?

If your employer applied for a T2G restricted CoS for you on 9 September they should know whether their application has been successful on or after 15 October. Only if it has been successful can you apply for entry clearance. Provided you comply with all the requirements for T2G (see the policy guidance) there is no reason why entry clearance should be refused and your current T4 visa will not be an impediment.

smash · Post by **smash** » Sun Sep 30, 2012 2:02 pm

Thanks, manci. Much appreciated.

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