Post
by ukbagod » Fri Apr 05, 2013 1:20 pm
Dear Lb2205,
I refer to your questions posted Fri Apr 05, 2013 11:18 am. As a reminder to all others under similar immigration conditions (withdrawal and De-withdrawal), certain points as per UKBA rules and advice must be given attention to detail.
1) As you are now holding a PSW, you should have first applied to change your status to Tier 2 as soon as possible so you can be in the category which will allow you to gain ILR after 5 years. After being granted a Tier 2 (say from A) you can then change employer (to B) under Tier 2 (a much simpler process). You can change employers anytime under Tier 2, which you should have done.
2) With regards to your question, it all now depends on the case worker's discretion. You may appear, unfortunately as a fragile applicant as you seems to not have made your mind up and that now you are taking 2 job opportunities at a risky stake.
3) I cannot provide any advice nor can I read the mind of the case worker. UKBA will now have a black and white record of your withdrawal request and they can easily cancelling your application and you will not get back the fees you paid.
4) It is highly advisable that you always keep photocopies and records of every communication and letters between you and UKBA for future references.
5) In my knowledge, it will be highly unlikely (perhaps impossible) for the employer B to assign you with new CoS as you will now appear as a double applicant. You must cancel the previous CoS (which you have done unwittingly by sending the withdrawal letter) so the new employer can assign you with new CoS. It's now down to the case worker to decide.
6) Should UKBA cancelled you application (as per your withdrawal request), you employer A must again assign a new CoS and this does not look good as you have a bit of 'explanation' to do. Company B has all reasons to be skeptical because of strict UKBA rules and that after 6 April more changes are to be made.
7) If your new employer B assigns you with new CoS (provided you cancelled the previous CoS), you then need to make a fresh T2 application with appropriate salary code but don't have to to RLMT as you are now under PSW, but I am not sure if this will be the case after tomorrow as new immigration rules will be enforced.
8) If I were you, wait until you hear from UKBA. Worst case scenario, you lose your application fees, and you get your documents returned and then you speak to your new employer and if they give you CoS, it's great. If not, speak to your old employer and tell them you made an error in your application and that you need a new CoS but you willing to pay the cost incur (£150) for a new CoS.
I wish you every success and luck in your application. Should you require further assistance, please do not hesitate to post it publicly here to help many others under similar circumstances.
Many thanks
UKBA God :)
