Tier 2 General Switching Restricted or Unrestricted COS

[sindhoo]

Hi ,
Hope you guys will be doing well . I have few questions . I think I got it but sometimes it is confusing . Please can someone confirm. Thanks

According to :
https://www.gov.uk/government/uploads/s ... 4_2016.pdf

61. There is an annual limit on the number of Certificates of Sponsorship available under Tier 2
(General). This limit applies to Certificate of Sponsorship for those nationals seeking entry
clearance to the UK under the Tier 2 (General) category and those who are applying to
switch into the Tier 2 (General) category from within the UK as a dependant of a Tier 4
(General) student. We refer to these as “restricted” Certificates of Sponsorship.

According to policy guide and above:
---------------------------------
1) Restricted COS
---------------------------------
a) If you are applying overseas
b) Dependent of Tier 4 General Student (switching into Tier 2 General within UK)

---------------------------------
2) Unrestricted COS
---------------------------------
a) Tier 4 General (switching into Tier 2 General within UK)
b) Any Tier 1 category (switching into Tier 2 General within UK)
c) Any other category which is allowed to switch (switching into Tier 2 General within UK)

---------------------
Question1
---------------------
Does this means that any Tier 1 category switching within UK would need unrestricted COS ?


https://www.gov.uk/government/uploads/s ... 4_2016.pdf

73. Please note that if you have had a grant of leave for entry clearance, leave to enter or
remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of
application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate
of Sponsorship) for a period of 3 months or less, you will not be able to apply for further
leave under Tier 2 unless one of the following applies:

i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12-
month period immediately before your date of application and you can provide evidence
to show this has been met as set out in paragraph 74 below, or

ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you are
being sponsored to do (including any allowances listed as acceptable for this purpose
in paragraph 75 of Appendix A of the Immigration Rules) is £155,300 or higher.

Please correct me if understood wrong .
If someone had Tier 2 General before and they want to apply again for T2 General within 12 months, they can't apply again for Tier 2 general unless they wait for 12 months (cooling off period) before applying again for Tier 2 General

----------------
Example 1:
----------------

a) Jan 2014 - Dec 2014 (Tier 2 General)
b) Jan 2015 Switched into Tier 1 (or any other category)
c) In December 2015 wants to apply for Tier 2 General

They can't apply as they haven't finished their cooling off period of 12 months (they can apply after Jan 2016) ?

----------------
Example 2:
----------------
a) Switched into Tier 2 General (Nov 2012 - Feb 2014 time spent in Tier 2 General)
b) switched into Tier 1 (Feb 2014 - Nov 2016 time spent in Tier 1 )
c) Wants to switch into Tier 2 (Nov 2016 )

Shouldn't be problem as the 12 months cooling off period is passed (12 Months ) ?

[sindhoo]

any anyone ? moderators will appreciate your response.

[poper]

Hi ,
Hope you guys will be doing well . I have few questions . I think I got it but sometimes it is confusing . Please can someone confirm. Thanks

According to :
https://www.gov.uk/government/uploads/s ... 4_2016.pdf

61. There is an annual limit on the number of Certificates of Sponsorship available under Tier 2
(General). This limit applies to Certificate of Sponsorship for those nationals seeking entry
clearance to the UK under the Tier 2 (General) category and those who are applying to
switch into the Tier 2 (General) category from within the UK as a dependant of a Tier 4
(General) student. We refer to these as “restricted” Certificates of Sponsorship.

According to policy guide and above:
---------------------------------
1) Restricted COS
---------------------------------
a) If you are applying overseas
b) Dependent of Tier 4 General Student (switching into Tier 2 General within UK)

---------------------------------
2) Unrestricted COS
---------------------------------
a) Tier 4 General (switching into Tier 2 General within UK)
b) Any Tier 1 category (switching into Tier 2 General within UK)
c) Any other category which is allowed to switch (switching into Tier 2 General within UK)

---------------------
Question1
---------------------
Does this means that any Tier 1 category switching within UK would need unrestricted COS ?
There is nothing called as "switching within the UK". You cannot switch outside the UK as it will be a fresh entry clearance visa.
Any switch to Tier 2 General(IN country) should therefore use Unrestricted COS


https://www.gov.uk/government/uploads/s ... 4_2016.pdf

73. Please note that if you have had a grant of leave for entry clearance, leave to enter or
remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of
application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate
of Sponsorship) for a period of 3 months or less, you will not be able to apply for further
leave under Tier 2 unless one of the following applies:

i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12-
month period immediately before your date of application and you can provide evidence
to show this has been met as set out in paragraph 74 below, or

ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you are
being sponsored to do (including any allowances listed as acceptable for this purpose
in paragraph 75 of Appendix A of the Immigration Rules) is £155,300 or higher.

Please correct me if understood wrong .
If someone had Tier 2 General before and they want to apply again for T2 General within 12 months, they can't apply again for Tier 2 general unless they wait for 12 months (cooling off period) before applying again for Tier 2 General
True
----------------
Example 1:
----------------

a) Jan 2014 - Dec 2014 (Tier 2 General)
b) Jan 2015 Switched into Tier 1 (or any other category)
c) In December 2015 wants to apply for Tier 2 General

They can't apply as they haven't finished their cooling off period of 12 months (they can apply after Jan 2016) ?
True
----------------
Example 2:
----------------
a) Switched into Tier 2 General (Nov 2012 - Feb 2014 time spent in Tier 2 General)
b) switched into Tier 1 (Feb 2014 - Nov 2016 time spent in Tier 1 )
c) Wants to switch into Tier 2 (Nov 2016 )

Shouldn't be problem as the 12 months cooling off period is passed (12 Months ) ?

True

[sindhoo]

Thanks Poper .

[Frontier Mole]

Tier 2 General change of employer within the UK does not have a cooling off period. You can jump between as many employers as you want in any time scale as long as you don't leave the UK in between times to apply overseas.

[sindhoo]

Tier 2 General change of employer within the UK does not have a cooling off period. You can jump between as many employers as you want in any time scale as long as you don't leave the UK in between times to apply overseas.

Thanks