Job start date?

[jason32]

Hi guys,

How important is the job start date in COS? My wife is going to apply soon but her employer mentioned her start date in August 3rd 2013 but her COS is valid till mid of december and she is going to apply at the end of this month. Shes in UK right now and already working for the same employer for about a year now but her new contract started from August 3rd, but she has to go home and apply from there. Shes on PSW dependant visa right now.

We asked the employer about moving the start date to sometime in Nov but they talked to home office on the phone and then wrote a note and again mentioned that the job was started in August 3rd but now the applicant wants to move to Tier 2 visa.

they still didnt mention the date, I just want to know how important is it? They told us that start date can be in the past for restricted COS?

I can't find this information anywhere in the guidance? please help? if its mentioned somewhere on homeoffice website then I'll show that to her employer and get the documents sorted.

Thanks

[manci]

Working backwards from the information you provided, the sponsor probably applied for the restricted CoS on 3 August, that is why they put 3 August as the work start date, but missed the 5 August deadline and only got approval on 11 September (the allocation date). They assigned the CoS mid-September. The CoS must be used within 3 months of the allocation date.

see p37 of the guidance on the use of the SMS for restricted CoSs:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The sponsor should now add a sponsor note to the CoS with the expected start date. As it is not known how long your wife's visa application will take suggest they enter a start date shortly after she will be leaving the UK. This is because once your wife returns to the UK she cannot start work before the work start date stated in the CoS.

The employment contract is not an immigration matter. Your wife has been working for the employer as a PBS dependant under her new contract since 3 August but she will only start working under this contract as a T2G migrant once she retruns to the UK.

[jason32]

Page 37 does not say the start date can't be in the past.

The COS was issued in September but they still mentioned the start date as 3rd August and keep on insisting that since your job started on 3rd august so that's the start date we r going to mention on COS.

Can u please give me a link where homeoffice says that the start date can't be in the past?

[manci]

Page 37 does not say the start date can't be in the past.

The COS was issued in September but they still mentioned the start date as 3rd August and keep on insisting that since your job started on 3rd august so that's the start date we r going to mention on COS. Your wife's T2G job for which the CoS was assigned did not start on 3 August as she was not a T2 migrant then. Her T2G job will only start once she returns to the UK with T2G leave.

Can u please give me a link where homeoffice says that the start date can't be in the past? page 4, link as above